Document GKGBajxNwe14XGVQ1XkaXVwXq

KATHRYN M. DECKER DIRECT DIAL NUMBER (201) 944-8092 Pitney, Hardin, Kipp 5* Szuch i 0-M 5^7 Cqlp^f L- i ' August 26, IS 93 Gregory D. winfree. Esq. Litigation Counsel Union Carbide Corporation Law Department 39 Old Ridgebury Road Danbury, CT 06817-0001 PRIVI LEGED AND `CONFIDE; NTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" Re: Colby v. Union Carbide Corporation Dear Mr. Winfree: This will provide you with a brief update on the status of discovery in the above capt4oned matter. The deposition of plaintiff 's^safety endjLr.eering expert, Dr. Burton Z. Davidson, was conducted by Bob HbTiingfihead on August 23, 1993 and he will be providing you with a sjummary of Dr. Davidson's testimony within the next few days. Bo will also be conducting the deposition of plaintiff's medical cai^sation expert, Dr. Rowland D. Goodman on September 8, 1993. I wil be conducting the depositions of Dr. Dennis Fitzgerald (decednt's treating oncologist) and Dr. Vito Gulli (the physician who conducted the post-mortem examination of the decedent) on Septemt er 13, 1993. On August 18, 1993, I deposed Dr. Brian Boj le (decedent's treating physician) at his office in Red Bank, New Jersey. A brief summary of the pertinent parts of the deposition, based upon my notes and recollection, is set forth below. Dr. Boyle, along with his partner, Dr. Ca rmen, had been covering for Mr. Colby's primary treating p lysician, Dr. Commentucci, during Mr. Colby's February 1989 admission at Riverview Medical Center. Although the hospital re cord indicates that Dr. Boyle's initial impression of Mr. Colby' condition in February 1989 was "primary liver neoplasm", he test ified that his impression changed after tests and studies revealed ^adenocarcinoma metastatic to the liver with unknown primary." This later UCC 075757 Pitney, Hardin, Kipp & Szuch Gregory D. Winfree, Esq. August 26, 1993 Page 2 impression is more consistent with the cause of deat.h listed in the death certificate as "metastatic cancer to the liv6r". According to Dr. Boyle, the sole basis for his suspecting a "primary liver neoplasm" following his initial as sessment of Mr. Colby on February 2, 1989 was Mr. Colby's "huge, roc ky hard liver." However, Dr. Boyle conceded that this sign, in and of itself, was also indicative of alcohol related diseases, i.e., a irrhosis of the liver, as well as metastatic cancer to the liver. When initially questioned, Dr. Boyle stat cd that the post mortem examination conducted by Dr. Gulli was not d afinitive proof that the primary location of Mr. Colby's cancer w<i s the lung, as compared to the liver. However, since he was nc t the treating physician in May 1989, Dr. Boyle could not coAment upon the probable cause of death as he was not involved in M r. Colby's care at this time. Nevertheless, he did finally co ncede that the possible cause of Mr. Colby's death was lung canceir Dr. Boyle is a doctor of osteopathic medic ine, with board certification in internal medicine and gastroentero logy. Overall, he makes a fair impression as a witness. Because of his opinions elicited at his deposition, we do not antici pate that the plaintiff's attorney will call Dr. Boyle as a witness on his client's behalf at trial. At this juncture, there v ould also be no basis for calling Dr. Boyle as a witness on behalf of Union Carbide, since the medical records for Mr. Colby' s admission at Riverview Medical Center in February 1989 confi :m Dr. Boyle's opinions obtained at the time, of his deposition, These medical records can also be relied upon by our medics 1 expert, Dr. Scoppetuolo. Please call if you should have any quest! ons concerning the above. In the interim, we shall continue to ke ep you advised of all further developments in this matter. Very truly yours, KMD:ss cc: Robert L. Hollingshead KATHRYN M. DECKER PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 075758 Colby v. Union Carbide Pag* 1 to Page 176 Testimony ot Burton Z. Davidson August 23,1993 c<3 MINITRANS AND ALL-WORD INDEX PREPARED BY: ROBERT CIRILLO, INC. CERTIFIED SHORTHAND REPORTERS 5N-Regent Street Livingston, NJ 07039 Phone: (201) 740-1331 UCC 075759 ncj Page i (t) SUPERIOR COURT OP NEW .SEY LAW DWtSION: MIDDLESEX COUNTY (2) DOCKET NO. L-1979-91 (3) : w PHYLLIS COLBY, ate.,: Plaintiff,: DEPOSITION UPON 15) : ORAL EXAMINATION OP: : m vs. : BURTON Z. DAVIDSON, : Ph.D.,P.E. (7) : UNION CARBIDE : p) CORPORATION.: Defendant : p) (i i) TRANSCRIPT of the deposition notes ot BURTON (t2) 2. DAVIDSON. Ph.D., P.E., witness ceiled for oral examination in the above entitled action, said-fu) deposition being conducted pursuant to the Rules (is> Governing Civil Practice in the SUPERIOR COURT OP <i6) NEW JERSEY, by wid before GINA MARIE LATHAM, a (vr> Notary Public and Certified Shorthand Reporter of os)-toe Stateof New Jersey, License No. XI01S66, at (is) the offices of LEVINSON. AXELROD, WHEATON A (20) GRAYZEL, ESQS., 2 Lincoln Highway, Edison. New (21) Jersey, on Monday, August 23,1993, commencing at (22) 10:49 am. (23) ROBERT CIRILLO. INC. Certified Shorthand Reporters <2*> SN Regent Street - Suite 503 Livingston, New Jersey 07039 (25) (201) 740*1331 Pag, 2 (^APPEARANCES: LEVINSON. AXELROO, WHEATON A GRAYZEL. ESQS. p) BY: ALFRED A LEVINSON, ESQ. Attorneys tor Plaintiff Phyllis Colby (5) PITNEY, HARDIN. KJPP A SZUCH, ESQS., BY: ROBERTLHOLUNGSHEAD.ESQ. a)-and KATHRYN M. DECKER, ESQ. <7> Attorneys for Defendant Union Carbide Corporation Pegs 3 (t) BURTON Z. DAVIDSON. Pti.a, P.E., 5 Hamlet w Court Somerset New Jersey, haring been first p) duly sworn according to law by ihe ofBcsr, <4) testifies as follows: (6) DIRECT EXAMINATION BY MR HOLUNGSHEAD: (?) Q. Or. OewkJscn, good morning. (8) A. Good morning. (9) 0. As you will recall from other <* occasions, my name Is Robert Holltogshaad end I'm (i i) an attorney with the lew firm of Pltoey, Hardin. <12) Kipp A Szuch. We represent toe defendant Union (is) Carbide Corporatton in the mailer in which youVs (u) rendered an sfoMit: opinion. <i5) This is. of course, ourthird go-arourtd as (i6) l recall in depoeMone ao I know you're famfilar(i7) with toe tandardtostojeitorw. 11 only remind os> you of a couple. If I may. ns) Please allow me to finish my question po) before you start your answer and 11 do you the (2i> courtesy of allowing you to finish your answer (22) before I ask another question. 123) it Mr. Levinson should have an objection to (24> a question, allow us to hash it out an toe record as) before you momr end he wM instruct you Page 4 (i) accordingly to forme of however oca conversation <z) results. (3> You shoutd keep aHct your answers verbal. (4) The reporter, who's on your right cannot take down 9) nods and shakes d toe head. Aduafty. she can but () then toe question as to whetoar or Colby v. Union Carbide NOTES UCC 075760 ,tt notlifs an (b accurate record is up in the air. ] Did you reesrve from Mr. Levinson a requast a) that you produce certain documents hare ^y? It no) would have come some time last A. I received It ee a copy from you, I (i2) (i3) Q. That's fine. Could you just (is) produce that|for me? ha A. Yea. (16) Q. Thank you. n MR. HOLUNGSHEAD: Could on you mack is Davidson-1? (19) (Lsoar dated ft-17-93 is aa) received aid mstoUd Devtdsorvi for ktemfocaean.) pi) Q. I donT know If the document p2) there beer marked as Oavideon-i asks tor a current (23) <1V but 1 wonder il you have one with you? R4) A. NO. flg) ' Q, Could you provide a currant CV to Pages Levinson when you go back to your office !) hell than forward It to me? R. LEVINSON: You can (4) tend it directly If you have my addrsas you could m do r, toe last time that I took you- a i was soma time Isas to i960 ee I recall. m SOhotter than go through you antire history oat* sin. which tVe dona at length before, allow me (in to ask you just a few questions to update yojyr; i 9 current position and experience, oak, I. Can I ask yeu m question? (ii (I. Certainly. (i5j i. Did you receive my rerreepondenm? da < Yea. Oh * Okay. (it) ,C . The one tote asks about a question? ao> A. Yea. Wee there any problem? Ididi? S2)| C. Ihava the check here. I will (23) Nf It out at the 1 nd of toe day. (24) ' A Okay. Sorrylor the Interruption. CM) q That's okay. Page 6 (i) Stock approximately October of 1969 can you tall r if you have had occasion to render an Oh axps t opinion to any case involving either m pdyyto 1 chloride end rinyt chloride monomer? k I deni raced any. m Gi. Obviously other then tois case to m whiqh! y mi have rendered such an opinion. <S) MR LEVINSON: What was p) the question? no) Ml I. HOLUNGSHEAD: Stoce t <11) deposed him in C ctoberof'89 has he done (is) any? (13) Ml , LEVINSON: Okay. (14) Mf. HOLUNGSHEAD: I'm <15) going update I out rather than go over (i his history. (17) A.; Tiers may have been one. (in Q. Ian you tell me about that? (is) A.! taring to do with extrusion of PVC < Q- Yea it a case tovdvtog personal pn tojury? (22) A. * 'as. (23) Q. I taw tong ago was this? P4) A. \ flthout ohecfctag my flta 1 cant be ps) eoeurats but It was some tfene In tftie last Pag* 7 (i> year time frame, in Q. Can you foil me whfo weep) involved? (4) A. f orn year time frame. No. m Q. dan you ff me what was involved m to Pagi 1 to Page 7 aa________________________ the cam in general? (7) A. Thermal decomposition of PVC resin during <a> axtruafon and tho tvduUon of tndo fumoa and tho o) exposure to tho oporator In a poorty ventilated (io> work apaeo. mi Q. Do you recall tho law firm that (12) asked you to randor such an opinion? (i3) A. I would have to check my tile. I wasn't (u) praparad for that quarton to mamortza but I hava (is) It In my fUs. <is) Q. Was ft lha Levinson firm? (in A. No, It wasn't (is) Q. Wat It a firm on bahalf of tha (is) injurad worker? (20) A. Yea, It was. pi) Q. Do you remember toe natura of lha m injury to the worker? S3) A. Respiratory problems, S) Q. Wat canear involved? 05) A. At tha time I rendered my report I didn't_______________________________ Pages (i) aaa that raault a Q. What happened to the case m eventually, If you know? (4) A. tfe atHI In litigation, aa beat I know. (5) 0. Ware you deposed in that case? IS) A. No. (7) Q. Would It be difficult for you to <e) find the name of the action, tho caption, and tell p) me the law firm that you were retained by? (iO) A. It wouttil be dlfflcutt. (ii) Q. Would you do that for me, pleata? (12) A. I would Juat hava to do it The plalnttft (is) wee WlMtamt. I fuel don't know tho taw flrtn at (> tMm point nor do 1 recall tha manufacturer of tha (it) reein at thta point (it) 0. Do you recall the type of PVC (i7) main that was in that caaa? ns A. I would have to check ray We aa to what (is) procaaa It came from but Ifs poalttvaty In my so Wo. You need that too? pi) O. Yee, if you cotid find it lor ma. (22) A. In othar words, you want aoma datafla. S3> Okay. (24) Q. My thought it if you find the pt) report, although you probably are not permitted by Paged (i) that taw firm to tend ma a report, you might amply s) make a brief summary from that and provide it to (3) Mr. Levlneon end provide It to me. (4) Hava there been any othar cases since 1969 (5) in which you have appeared as an expert to give an m opinion regarding PVC or VCM? (7) A. No. That*a my only racoBectlon In tha ro last four years. (9) Q. Since approdmaaaty Ocfcbar of ns 1966 have you published any arfide or any pioea of (in writing in that regard tom deals wNheflher tut polyvinyl chloride or vinyl chloride monomer? (is) A. No. (i4> Q. What la your currant past no poaitton at Rutgers? (i) A. rm a chairman of the chemical engineering (i7> department (is) Q. Thta was your position in 1989. (it) My rscollection as well. SO) A. Pve been re alactad to my sixth si) coneocuttva three year teem. (22) Q. Congratulations. 53) A. Some people say condolences. 54) Q. I might have said mat too. I st) don't know wriafs involved. Page 10 (i) A. Headaches. S) Q. Has the department since 1968 p> under Pag* 7 to Pag* 13 Colby v. Union Carbldo NOTES MMrmS) your .ion and supervision been involved i*) in arty Lidias concerning either polyvinyl chloride p> or vinyl chloride monomer? m A. No. (7) Q. Let's now move away from toe time (B) frame of 1969 until toe present time and let ma s> broaden it to your entire time during which you (io> hava appeared ae an expert witness. on In all of that time have you aver testified (i2) at trial as compared to depositions? <i3> A. tot the subject manor of PVC resins? (i4) Q. Have you ever appeared at tod <i$) in your capacity aa an expert in toe general field (is) of chemical engineering, if I can use that field. (it) or describe it that way tortoe moment? (is) A. Yea. (is) Q. How many Ibnae have you so) toefified? SD A.Stneal968? (22) Q. No. In your entire career. 53) A. Oh. I cant give you an accurate figure 54) but(25) Q. Give me a range. Page it (D A. R has not boon more than one or two times (2) a year. In court, m O. And over how many yearn are we w talking? (5) A. The one or two a year average has ready p) only been over the last ton years. Prior to that (7) far leas than that. p> Q. Hava you been found to be p) qualified by toe court hi each of the instances in (io) which you appeared in court in order to testify? (11) A. The broad area of safety engineering, (12) particularly chemloal engineering, preesas safety (is) engineering and than there's sub categorise in that (i> aa I broke R down for tho court*. (is) Q. AN rlgfint. Back up to my <i) question. I taka It from your arwwar that In each (it) oftha instances which you hava appeared in court <ia> Mto the Intention of isefifylng as an export you <is) hava, In fact, bean found qualified by lha court in so) the area of safety engineering? SD AYm. Number of times. A number of tlmaa. g2) In fact, tot each inatanoa that l*vo teatlflad as a S3) matter of feet S4) Q. Thank you. You hava never ss> attended court with tha intention of testifying as (D an iKpert and boon found to be not qualified to (2) render such an opinion. Have you? 0) A. No. My voh dire hea held up In each w Inatanoa. Yea. (6) Q. In each of these instances has it p> bean in tha general area of safety engineering with m aoma aubparta to tost aa you mamtoned a moment m ago? p) JLYee. (io) Q. Can you run through soma of toe, <id if I heard it correctly, aoma of too aubparta of (12) safaty engineering In which you hava bean qualified <is) to tesfify? (i4> A. In Ora aafaty Inducing degradation and (is) exposure to fade chootieale rotating from chemical na processing. (17) Q. I'm sorry. Is that saparala from (it) fire safety? (it) A. Yea. m Q. That's toe aacondcmegory? pi) A. Yee. S3) MR. HOLUNQSHEAD: Would m you read bade to ma toe aocond? SO (Whereupon toe rerpimtort pnpnrfinn jr. taadbade by toe reporterj _______ Page 13 UCC 075761 RCJ. ______ (i) Q. The second subpart that you {tristaned id which is exposure to toxic chemicals (3) resulting from chemical processing, is that the (> subpart of your expertise that you are giving hers (5) in this case, the Colby case? (6) A, There's really two. There's thermal (7) degradation and exposure. Thera's two things <s) occurring hare. There's the afloat of heat on the (9) decomposition of chemicals leading to exposure and tio> then physical exposure by Inherent properties of (ip materials in process. (it) Q. Have you 03) A. But not nacseisrily fire but there could be 04) smoke involved so there's combustion involved. In <is> e sense both. 06) Q. In that same sense thermal (in decomposition of chemicale, if you recall, is part os) of your - it's part of fra expertise you have 09) rendered in the subpart of tire safrKy. Is it not? (20) A. Correct. But it always ties In directly 12D with exposure to toxic cheroteala. (22) Q. That was understood. I wanted to ?3) be sure frat thermal decomposition realty is p) involved in both of the sifrparts of your expertise. <aa A. Yea. Page 14 in Q. In what capacity do you appear as p) an expert in this case, the Colby case? 13) A. As a chemical prooees safety engineer. (4> Q. What opinion is it fret you wars (5) asked to express by Mr. levnson when he retained m you for this case? (7) A. He didn't realty sxpreee It that wey. Ha (8) aefcad for my opinions ee to exposure to onMHOMB 9) m n wonpM wniovi i examined and rendered (ia) apMene on ee to theldnd. (ii) Q. Anything else? (i2) A. That's 1L (ia> Q. Hava you been asked in this case (i4) to render any opinion regarding medical causation (is) between Mr. Colby's exposure to carton chemicals <ie> and hie resulting cancerous condition? (i7) A. I was asked many years ago w*h MaMrn and os) Schaffer and others that wets exposed to do a o) Mtaratura survey and in that Hterature survey I mat was not restricted to engineering or medtoaL I pi) Juat did a Hlaraliaa survey and I also rmmpnsa (iij Intersections between engineering sod the medical os) field wMeh I took aooount ot (24) Q. Are you sacprassinq in an opinian as to whether or not Mr. Cotoy's sotoosurs to______ Page IS (D carton chemicals h madtoady rsltosd to his cancerous condition? O) A. No. I'm net making any conclusion as to <4) the medical oausaBcm. I do bring the chemicals (5) that I found, M they exist, to the body and Into m the body by various physical ehamleal maehanleaie (7) and than dap. (8) Q. And than you aMow ofrer eagiera a> in other fields to take fral from tiwra. Isfrat(io) tor? (in A. Correct There's an Intorsaotion hare but (is) fat not dfawing any atadtonl Marance stall. (i3> Q. in this case we both know that (14) that Dr. Goodman has rendered an expert report on (is) behalf of fra plaintiff that discusses medical (i) causation. Correct? (i7) A. Yes. I reviewed that Cotoy v. Union Cartoida NOTES UCC 075762 Mranrag) (i> Q That wee my next question. Fromosj you- m >ort tfs obvious that you did review fret. (20) Did you accapt frose opinions as written by bdDt. Soodman in any fashion in rendering your as i report? S3) A I took cognizance of the fact that PVC and (24 VCM were Indicated ee exposure eiemet ta In tNa (25) report among others and in my r port I Indicated Page 10 11) those probably came from in the work m Hm OnflMTH. (3) Q I taka it fret you mean the m exposures that Mr Cdby had to PVC and VCM. (5) Correct. (S) Q Where did those exposures come (7) from. Correct? m A Right end other chemicals that may m oo-eod^t m Q Ail right HD A hi prooees In the same breathing zona. (12) Q And you deferred to Dr. Goodman <i3> or enybm else who may appear but in this moment (14) you have Dr. Goodman's report You are raferrinjj (is) to Or. Goodman, ones you have beenai (vised as to (i6) where the exposures C*T frpm, it's a compound (it) question, for him an opinion as to <is) causation. Is that (is) A] I took Into account an Intonaction of go) generic make-up of a chemical that he pi) and that I found in the exposure Oh tylhamititon the requestedm portion la read fcw delby fre reporter.} (24) Q Dr. Oevkfoon, the problem may ps) have been by my question and lot me rephratie Pago 17 (i) it and than 111 try for anofrsr answer. P) U iderstanding that you look that o intersa tion Into account aa far as medical m causati mi is concerned In this case Is my p) unden ending conact that you defer to Dr, Goodn an (S) to render that opinion? (7) A Correct ta Q You era not a toodcoiogist If Ip> undara and your CV correct Is lhat right? do) A That's a hard quaetion to anewer. That's id not my main tins of axpartlae but oartab lylfsa 02) major chapter that attacks the bo tic wa use in my (is) safety course that ati pha ideal angkiaars In my o) department are re< idred to take. We osrtaktfy have (is) to know iFtiat a toodootoglet knows about modes of (ta) i nary, of modes ot exposure and the list of toad <i7) elements and how they reset ehemk aMy mid (ia> biochemically In the body. Tide la aN part of the (is) growing raapqi sMHtlaa of chemical engineers for eauain | toxic affects In the environment and In the pi) workplace. So to that extant Cm a ) tatooologiet from the point of view as I rtalsd pa) Information from them In order to* Insl (M) comprehensive way* analyze an mse or fire ps) situation that leads to totlti fumes and eo forth. Pago 16 (i) ti*e part of the systems approach that a 6t) tihfrpioai engineer has to take kt aststy 0) Of Would you agree wifr me fret w there's a cMBsrUwa between undemanding fre p) Ddcoiogy to ttw sxwm you need to ta Know them to do your job and being an expert Pag* 13 to Pag* 18 nca in ha (7) field of toxicology? is hat fair? 0 A. Correct An expert in toxicology would be (9) working with animals, working with medical doctors, (io> perhaps dwcal work, perhaps with human people, o i) I don't do that No. But Ido look at the results n2) from this. (is) Q. And you have no degree in ii**> toxicology if l understand your CV correctly. Is (is) that right? (is) A. That ie correct (i7) Q. With regard to he study of on epidemiology do you consider yourself to be a (is) epidemiologist? <20) A. Again, the same Und of reeponee. That's pi) certainly an Important chapter In comprehensive p2) eefety analysis, Ie to understand the pettcms that ga) exist with exposure and injuries to people in the (24) environment Aabaetoa, for example, la a vary good (2$) case in point A chemical engineer cannot be Page 19 (i) obUvtoue to the epidemiological evMenoe vrtth say asbsetca exposure or many, many, many yarn hi the p> Hteraturs In their deelgn and uae of Insulation () materials, for example. So to that extent I'm a (5) pcactftlonsr and user of information from that m field but I certainly do not practlee K with m animal studlaa or I do not follow statistically, i a) rely on the statistics I gat from the literature. P) Q. So ssndarto lha area of no questioning involving toxicology you are aware of oo end may utUize epidemiological pmtipies as you on read hem in he literature but you do not hold (is) yourself out to be trained as an epidemiologist tie) is that fair? (ts) A. That la corraeL (it) Q. How did you become involved in (i7) this case, tie Colby case? (is) A. The only cotreapondanoe l have In my fUa (i) goes back to October 19th which ie my first pc) involvement pi) Q. isthdt correspondence from Mr. pa) Levinson or this firm? (23) A. Yea, It la. (24) Q. The Levinson firm? C5) A. Yea. Rags 20 (i) Q. May I see Ms? This is a Mtor 0 of October 19,1992 tom Mr. Levinson asking you to m review the andoaed material and forward a report p> wflh regard to the Colby caaa. 0 Following your recaipt of Ms tottor did a you have contact with Mr. Levkwon to further m undarstm what ha was asking you to do or did you (t) start off examining matartais and preparing a m roport? (u>) A. I believe t was oontaaead by Flcranoa, Ma (id aaoratary. I believe I came down hare and (i2) retrieved documents. Pocumenta wore also sent to ns) me. (i) Q. So you don't recall any further (is) conversation with Mr. Levinson about he case. (16) instead you gathered materials to start your (17) review. ns) A.ThatieoorreeL I behave that wee the (is) only actual contact In writing from Mr. Levinson, (20) Q. Did you have arty oral pi) conversations with Mr. Levinson prior to - (at me p2) expand the time frame now, prior to the delivery of (23) your report? (24) A. I don't believe so. Pag* 18 to Pag* 23 Colby v. Union C^bide NOTES MrwwP) car d you haws any further wribno Page 21 (i) coiTe^iianclenre wtth Mr. Levinson prior to the 0 delivery of your report? 0 A. I don't recall any. K) Q, Just tor the record, your report (5) deled December 4.1992. So we're talking about (6) looks like maybe It's about a ate weak period of (7) time there. m A. That la correct <6) Q. Can you identify for me the (io) materials that you eHher reviewed or obtained at (n) any time prior to writing your report? First let (12) me ask do you have them ell present vrih.you? (13) A. I have present wkh me my entire ftte going (u) beefc 14 years. (is) G. All right And that refers to (is) he earlier cease involving he OTD/ATC fadHty. (17) A. Correct. (is) MR. HOLUNGSHEAD: Off ha (i) record, pet (Wharat^onadiseuMtontofitiihaldafrihe record.) ps) Q. Or. Davidson, as wave had aW discussion off he record, what I'd like to do ie p4) to mark he various folders hat you have brought (25) with you which constitute the materials you have Page 22 (i) renewed for your opinion in Colby and Cm going to 0 ask you if you would to indicate folders you 0 have end basically vhat matoriais you have reviewed 0 and han wall mark ham. 0 A. Okay. I have one folder marked cognate 0 BJ). reports. BjD. stonda for my InbiMa. 0 In that folder i have my December 4th, *92 0 report on Cotoy. I atoo have In that toMar my m March 20th, 1990 raport an BemecMno. I sleo have no In that fie. In that foldar, my July 3rd, 1000 (it) raport on Bsmadtoo. | have to the folder o copy (tat of my July 20th, 1999 report on POereon. I have (15 In the Me a roport doled March 28,1977 on (14) Mattto, at aL But on hare I torfleatad here that (is) In my review of my own deposition I Indicated that (ie) this particular raport wasn't ready a report ft (17) waa a work product and I don't behave you hove a tin copy of h so maybe we ought to just put ft > (in Q- Why don't you put hat aside and po see whether or not I should have haL PD A. Yea. I have a eopy of a raport dated July pa 31st, 1975 on Madko, at aL And I hava In hara a pn report by RJI. Whsslar, Jr. on MaMax And the p4) dale of that la October *89,1 bedeve. No. That on can't be right -------------------- J------------------------ (i) Q. If hafi in Mato It had to be 0 In he 70s. it may be undated. 0 A. R*s undated but ft looks to be the same 0 report that I have on October' *99 by Wheeler also. 0 ft's undated. 0 Q. But it says Meflko on he cover co sheet? n A. Yes. ft's on the Union Cartofda m Q.Thartflna. Thm identifies it (in A. And I hava In hara my notae whleh cams from pi) my Patoraon flb, ftvo paoaa on yellow paper, on cotouMtiono and 00 forth. (in CL AH right 04) A. That's that Me. on Q. Why don't we put hai eaida as (is> ha tostfolder hat wawh mark as Davidson 2. on A. My Borraapondsnca Ma I guaaa juat Iwd one on latter to ft. on Q. Actually, hare are more m documents UCC 075763 pa in toere. I can sea from hem. (21) A. Yaa. They're moot copies. (22) Q. Correspondence (23) A. Batwaan us. (24) Q. Okay. We'll do that as three. pa) A. 1 hava ana eaUad Colby work hiatory. Pag# 24 (t) Q. You can say generally what's in (2) there without identifying each document O) A. I hava a copy of Dr. Goodman's report. () Q. What's the data of that report (5) sir? (5) A. 10-22*02. (?) Q. Thank you. m A. I also have some notee on a summary of m Cofby'a work hiatory which ie a document I received no) from Mr. Lavlnaon and I hava In hare a medical (nj report dated November 2nd, *00 from Ted Loomue. (i2) Q. Thai was issued in the Peterson <i3> case. (i4> A. Yea. (i$) Q. May i see the second document (is) there, the hiatory document that you got from Mr. <i7) Lavinaon? (is) A. Yes. I have another folder, the fourth one (is) in sequence. It oontalne die October '89 report by <20> RJi. Wheeler. That was on the Peterson matter with pi) a bunch of paper cllpa and ao forth. (22) Q. Those are your paper dips and (23) your notee (24> A. And my notee sticking out and also in tha es) bock la a copy of the Oottoto Analytical Sorvicoa. Pago 25 (D THE WITNESS: Offlhep) record, p) MR. HOLUNGSHEAO: Sura. (WhaiauponadiacuaaioditBhaidafltha record.) to A. Thoro'o one file BJ3. work sheets on tha (h Potoroon matter, are my own notoo on reading tha w deposition tranaorlpta. And there's a copy of tha p) personal hiatory of Pataraon raoalvad from the <io> Lavlnaon firm. Summary. And in that folder (i i) actually ware those notes In the - in here I took <iq out of here. <i3) Q. The history of the documents that <) you pulled out before? (is) A. No. the one about cognate reports. Those (is) yellow pages actually belong In here. <i7) Q. So you're taking the yellow noiae os) tom you referred to in the cognate B.D. reports (is) He and you're placing ft into toe one tom aayepo) B.D. work sheets on Peterson, pi) (Whereupon a dtocuseion is pg held offthe racord.) (23) A. By tha way* I rsvtsw tham in parsNsL (24> It's |uat tha way Pat piBnj tham out of my bag. (25> Q. My original question was rMtat Page 26 (i) matarials did you review? I'm not interested in the order. (3) A. Sure. m Q. But may I ask that you reviewed (5) all of tham prior to the preparation of your report w of December 4,1962? (7) A. That's correct (8) Q. Okay. (3) A. There's one marked MaMko and In hare (id they're defendant's atatamsnfa of facta and my (ii) deposition transcript which I reviewed. (i2) 1 hava another folder hare marked Cotoy v. Unton Cftokf NOTES UCC 075764 MMnmp) ti3) and In there I have some natagririee, medical (u> reports, intern galoilsa, dspoehiona, photos and (is) statements of oowprfctre. All right Probably as you give <i7) them to me ike should stats tor the racord. since we (is) hat e a number of folders to do - Let me back > or a moment My by calculation the last folder (>0) that you just described was marked as Davkfs m-6. pi) And toe Wee torn you gave me that will (22) be marked between D>2 and D-7. S) at this point on [23) as you give them to me J wi I give them an exhibit ct*) number which wtilrriake it a lids easier. I have one here that le called Colby Page 27 (i> admlaalona. These are raqueeta for admissions, p) That's IL Just one kern In there. (3) QL That will be marked as (4> Davidson-9. Theaa. by tha way, are only the <s) requests as I'm too ting at them. This is Mr. s> Levinson's requee tor admissions to Union Carbide. (7) A Yea. Right w I peve another folder called Colby and facta and plants. Plants. Sothia ibs to no) do with atatamsnta of fact at the au 4ect aka In (ii) Perth Amboy. I have folders. OnecaUed(12) Q Why don't you identify Ihe <i3) folder. (14) A Union Carbide and industry hsakh and 05)1 of fact and In hare. There's datoptjanfa (is) stalemate of teat (17) C Is that for Maiiko? (it) 4 This is for MaHko. And a copy of a (') Than I have Intarrogatorise and i rare ad from (20) Colby. Cotoy anawara pi) Interrogatories, Cotoy. Cotoy. JuatCColby. And (22) than there's supplemental Interrogatories. Also pa) Cotoy. 04) QL I take it there are answers to (2S) both the infmroi latoriea and the supplemental Page 26 (i) ftnattogatoriee? (Z) A Yea. Correct (3) Q Okay. (4) A More of the came. Colby. Colby. <5) Q. That adl be marked as m DevideorvlO. (7> A Another foidar marked Cotoy bid thlnge In coa here are things taken out of other Wee. * here's p) one area called atandarde and oqdee and this cornea (i from ai of my )uet stuck them <ii) altogether. There's dootodmaa from EPA and safety <i2) data Arnett and there's an 06HA, there's a NIOSH (i3) rat mat by an employee WBBam Foder, Fmd i -r, (i4) requesting an analyala of tha anpoapra. There's (is) soma documents from Analytical Sarvtoee. (is> There's OSHA rsguhdlona and a draft copy of a (i7) report on raapln tor protection from OSHA. (id A id then I have one caged Mr*. Colby's o) de| oaWon w*h my marldngo on the front padLii s to ms items of specW Interest to me where I Indkmto a pi) oommant and a paga imiMm r. And than there's one pa) eaflad snplm sring controls end In there ie one of pa> the taw le Journals tai my field oaPed Chamloal g4) En losering Prograat. Intact, ft is the trade i i) Journal In chamloal engineering. Anoih sro'a a Paga2B d)artcs on VCM antoilcin conaoi. page 41. In fad.p) theta's a whole series of PVC.VCM and toala P) September 75. Volume 71, number ntoa. Pag* 23 to Paga 29 AO H) Q. That entire folder will be marked (S) as Davidaorvii. (6) A. I Iw wwtfif telJir wWdi la nltd to <7> U.S. government Nterature, mlacattaMoua I would <s) say but pertinent. Om on oncology overview, p) abetracta 1960 and than aoma NIOSH document. Thara'a a report by Jonae on worker on expoauro to vinyl ehlorida and PVC in production ci and fabrication. 78. There'ea * thia la a LML (is) governmam document EPA on the aclantWlc and (u> taohntoal aaaaaamant report on vinyl ehlorida and* (is) PVC, 1975, Dooambar. And than thara'a an artlela op on toxicology ot plaatlca, I960, (oumal article. (i7) Thafe that one. (is) Q.Thatvrtlbe marked a* (w> DavidaorvlSL (2ot A. Pataraon Intarrogatoriaa la another file, pi) QuaaOona and anawara. (22) Q. Devidcon-13. (23) A. Alao Pataraon material aafaty data ahaata <24) on a whole bunch of chemicale that ware ahippad to ps) or ueod at the aublact site Into the >B0a from Mr. Page 30 (i) HoMngahead dated November 10th, I960. And a p) report, medical report, from a Tad Loomus, p) Or. Loomua, mgmin indicated 3-26-90 wee alao In w there. (5) Q. That will be marked Davidaon-14. A A. And than I have one foldar which with juat (?) one bam In fc, a copy of my dcpocMon tranecript (s> In the Pataraon matter with a bunch of paper cSpe p) that I put In there end highlighting which I put In (io) there. (ii) Q. Davtdeon-15. (iq A. I have hare a madleal report I have here (is) medteal reporta In the I believe the Pataraon (u> matter from Epetaln, Velar Tide le work produot (is) that Mr. Lavlneon ahoultf look*. Theoe are two (i that you ahoidd look at (in Should I remind Mm on tMe paint? (is) Q. Well do it when we're done. (is) A. Okay. Notice to take depoetton and go) produca documonta In Pataraon. Another pi> correepondenoe from Mr. Lavlneon. Report by pq Dr. Goodman, pa) MR. LEVINSON: Off the p) record. pa) (Whereupona dlacuarton to"'* ----- PaQ0 31 P) haMdMmiocardy ^ P) THE WITNESS: Thia one why p) don't we leave out K) A. Thara'a a copy of a report englneerlnB (S) control aaaaaaaMnt of the ploetfee and raatoi m Induatry eaee study by Qldeon fordie National (7) InatHula for Oaot^attenel Safety and Health, () Auguet 77. P) Q. That wM be Davideon-16. (10) A. And here I have the Iwt, the MM folder (11) that I have wkh me. There an eeveral, probably a tia> dpyan or ao copMa o* arttdaa from the open (iQ tterature, tetde effect* of PVC and/or VCM dating (14) back many yaate and aoma of thorn era srtuaPy (is) marksd ki pravtouadapoaMona. Theae may actuady (i Oh Q. Afl rispttTMWall mark that a> o* Davideorv17. (is) A. And tha foldar la marked Maratura on (20) PVCR, meaning reaki, and VCM. Physical, chamleal pi) and/or teode proporttae and k p2) Q. And that's it of what you hava ps) with you? Pag* 29 to Pag* 35 Colby v. Union C^toldo NOTES ____ ______________________ MWWB P4) taTalL ps) w rina. Page 32 (D MR. HOLUNGSHEAD: Why p) don't we taka a short break and ask our p) raportar to mark theca, w A. Sura. m (Whereupon a recess la m taken.) (7) (Cognate B.D. reports recarved and rnwkadDavkls^tottartfflcaton.) marked Oavideor>-3 for IdanMcrton.). (ii) (Colby work history Is (i racaNad and martcad Oandaon-4 ter kiertMcaltoa} (is) (Reports - Union Carbide's cm) experts is lecaivad and marked Dwrtdaon-5 tor or > cm (BJ. work shaati la (17) received and RWfNH UCVKWOCVO lOr KWlOnCflCBOn.) (IS) (MsNmteldar It <i9) racahed and marked DaMdeon-7 tor idamMcailon.) po) (Damsdlno folder pi> racawad and markad Davtocon-6 tor Banttlcaflon.) P4 (Cotoy admiaatonc Is p* receivedand marked DavidsorvStor ktanttfleafion.) pp^Cotoy pr Sax/ptantAntonogatortea are teoaivad and fVmQHE .............. ... Page 33 py Oevidaon-IQ lor irtatrtktoim^ -. a (Foldar conMintog w documaraaton OSHA. ate... lew received and marked- - Davidaorvii tor Aktentfcaaian^ -- m (LLS. gpMBtmarsp) Hteraaseis tacai*ad^w andmsrkadttovidaofrtttormktonMflradnaf : py^(Pat*raon intonBgatorieehaafacaaalMto and markad OevUecthlStor tmMacileMfonlL (it) (Salaryriti ghartrraTt*lantoafrard 'L markad rwwtimi4toriiR|dan<9caic<a" tm "(DwMlaun diposMQnoRimnaorlptln pamracrtnNBir to pt) recaamo ano maraaO' Dsrtrtann fEto (i*Mte*6esdnrtj. flR^^iladteNrsportalnpsi Patetegn matter iej natoaaand msflta.a natftoon HLtn W --T idmaNoMbn.l'-' PR: QMMcnPVCRMd^aVCUia rscakisrl and marirarl rtetrtenn I7toryg;; kJterttoaton.) - 'T1 ps) MR HOLUNGSPHE_AD_: Juat so (t> tha record is straight, there was one p$ document that was taken out and which I p) bsliava tea attorney/diant prtvMaga la (4) being invoked. (S) MR. LEVINSON: That la m work product (7) MR. HOLUNGSHEAD: Would m you dsaertas It tor tha record ao wacan p) gat peat tftmwflhoutrevealingMimcontent? WhaCsthe nature of k? (11) MR LEVINSON: Thia wee an (ia> anglneertng report prepared, an artalyaia in or tha casa of MaUko versua Union Carbide prepared by Ptofeeaor Burton Oevldaon In (it) which ha aWred tor oarMin MOrmaion tom (ip me in the Mailco caa* and made aoma (i7> commarts on tha Intormallon and hawantid (is) funhardata. (is) MR HOLUNGSHEAD: So i m uidoietond. even though racallsd an pi) opinion and report R many waa Intondad pz) to bo guidance to you as to how to conduct ps> aoma part of tha mgnoa P4) MR LEVINSON: Yea. It ps) was a preliminary impraasmn and Page 36 (i)tooommandMtona. Thara'a aoma technical a quartern ha wanted answered and that waa a UCC 075765 nci ______________________________________________ about*. (4) MR. HOLUNGSHEAD: Would w you. it you don't mind, give ft back to w Dr. Davidson? (7) Q. Would you. Dr. Davidson, would m you keep that with tha other materials if the m question comes up a* to whetoer I'm entitled to ir? (io) At the moment I don't need to quarrel with ft (id A. In my deposition on page 42 le the story on (i2) tMs so <i3) Q. in the Maliko case? (u) A. Yes. in my deposition I sxptalned that it (is) wee work produet R was Intended to be work (is) produot (i7) Q. To your recollection, was it aver <i) produced in tha Maliko case? It's too long ago for (is) me to remember. I thought you might recall. (20) A. It wee not (2t) Q. What wa have marked here I <22) understand to be ail of the materials which you (23> reviewed prior to rendering your expert report on (24) December 4.1992 in tha Colby case or at least (25) materials available to you to review, is that Page 36 (t) Mr? (2) A. Among othar things, p) Q. That's what I was concamad (4) about You said before these are materials you o have with you. Are there other things that you mdonl have with you but which you recall reviewing m prior to drafting, writing your report of December () 4,1992? () A. Yee. (10) Q. Can you give me a laundry list of [in them or tell me generally what those materials (is) might bs? (13) A. Yea. 04) Q. Please. Before you start how <i5) long is the list? (i6) A. Not very long. There era - there were (in three books that I reviewed; Sax's book on no) Dangerous Properties of Chemical Materials. I (is) reviewed a textbook on PVC manufacturing, two <20) books, one addressing . environmental factors and one pi) addressing chemical processing factors. (22) Q. Do you remember the authors of (23) either of those books? (24) A. Yea. I don't remember offhand but I can (25) find It for you If you could Just give me a second. Page 3? (i) There's another book too. Onewwethe 1968 edition (2) of Sex's book Dengeroue Properties of Industrial <3) Materials. That was R 11 on page 17 of my MaHko K) report (5) Q.TheR? (8) A. Reference. (h Q. Excuse me. Doctor, was it toe m 1966 edition that you looked at for toe Cotoy m report? dot A. Yea. (11) Q.Okay. is that because that Colby (12) facts occurred in ihe 1960s? 03) A. Correct R 30 on page 18 of my Maliko 04) report, Saavetnlok, naked polyvinyl chloride. It (is) attacks tha book. Lefeun, Plastics Application, <t> aeries 19. <i7) Q. Would you please spell toosa no names for tha record? (is) A. Sure. 3 s-sv ttnlck. And R 32 (to) practical toxioology of plestloa, 1968. And the (21) author is Renee Lefaux, L-e-f-e-u-x. Thera wee the <22) on* on environmental factors ki PVC manufacturing. U3) It's a CRC Cotoy v. Union Carbide NOTES UCC 075766 -------J---------------------------------------=Mmn(7) publk alien. I don't have the date or <34 anyth ng. <a) (i.Oo you recaH toe author of that? Page 38 <i) ; A. I dent I have the book on my desk at (2> her is. (3> C i. If I need tost HI ask Mr. <) Levinson to ask ycu tor the Me. <s) 4. Yao. Yee. Thoee are the basic references. to C i. So torn between toe documents to (7) the foklsn that wa have marked and toe taxis or (to public eons that you have now referred to that is () you complete review of files or materials in order (io) to prepare the report of December 4, 1992, (ii) A.Correct (is) j C . Lst me direct you beck, if I may. (ia> to the m uest for documents that I served by way (i4> tif i ny tettsr of August 17 justto be sure that we (is) have covered everything to that request Do yd |i) haves copy of that? Oh A. Yea, I do. (is) C. Did I take your copy? <ie> kls. DECKER: You can use po> mine, pi) d. Without reading what toe request #2) is which vouid burden toe record, If you look at (23) thatca i you tail me If you have now produced (24) ev^rytotog to response to request number one? (25) A|. Yea. Page 39 d> C And number two I think toars p) primarfy what we have just gone through. Correct? Correct to C Number three which may be (s> somewhat duplicative, It talks about all fie p) e stared to your report (7) to c Number tour, which in general is m your complete and entire file regarding this (io) matter. (11) Yea. (12) Q Number tiva which is aH reports ns) prepend by you to connecdori with the Colby (H) A By the way, there's no comeebondenoe <tsj between mo and the (ih Q No. That was our request if (17) there wereaich. (is). A No. (is) Q Number five, all reports prepared (20) by you in connection with Colby. pi) A You have that (22) Q And that's the only record tiat pa) you prepan id is toe Daosmbar 4th report? (24) Correct (25) Hava you aver provided Mr. Page 40 (i) Levti won with an oral report to toe Colby matter? w a. No. to a A-nd you provided N...m...w..i.t.h..n..o (4) supple rental reports, is that correct? to A Correct A Q Request number six, copies of the (7) cogna a industrial hygiene lltsraftire' referenced to in yc jr report on page saver, to A Correct That's among the documents 1 (to) we hove here. (ii) Q|W may get into that In a UNO 02) more And number seven, all (is) additional ; reviewed by you. Wa have just (i4> gone vjrough that, 11 (is) AjCorrect Rags 36 to Pag* 40 RO (10 Q. I Pag your pardon. I miaraad my (t7) own request This asks tor fi additions! (ie> materials reviewed by you since preparing your (it) report of December 4,1992. Have you done anything po) on this Me since preparing your report of pi) December 4,1902 other than prepare tor today's (22) depoeition? (23) A. That's whet I did. I fust reviewed (24) everything that's here. (25) Q. So in that review in preparing Page 41 (D tor this deposition you did not go and review p) anything siss odtsr than what you have identified <0 this morning. Is that fair? () A. Correct, p) Q. Okay. Vary good. ( Just tor the sake of some convenience tor m the record. I'm going to ask the reporter to mark m as Davidson-is. i believe that's the next number, p) your report of December 4, 1962. (id) (Davidson report dated nt) 12-4-62 is received and marked Oevideon-lStor nz> identification-) (ia> Q. Before we actually turn to that <u> report let mo ask one or two other general (is> questions. (is) When I deposed you last which was in 1988, (i7) ws went through in some detail ths amount of time <is) youspend serving as an axpart to assist in (is) litigation as compared to the amount of time you 00) spend in your capacity as chairman of the chemical 0i) engineering department at Rutgers. 02) My recoWaction, please correct ms if !'m 00 wrong. Ill do that in a shorthand fashion; you 04} said that you tried to fallow the schedule of ps) allowing approximately five, tour to five days a Page 42 (D mortih tor your outside activities. Bythatl mean qi an wpart tn litigation. IsMat a Mr summary p) of what you said beck toon? (4) A. Wei, I don't think I uoed the word p) kOgetlon. I think I uoed the word ooneufUng p> work. (7) Q. That's fine. (8) iL TheCe correct. P) Q. i am distinguishing your actual [iq work at Rutgars as compared to your eonauMng work (ii) outside. Does that time frame stiN hold, tftm is. 02) that you try to spend only about lour or five days (10 a marttfi on your outside consulting work? (u) A. Correct and maybe even - <ts) Q.Lafs say over the pact year or (i so how much time have you spent? (17) A. Wed, thie peat - (is) Q. On outside work. (is) A. On this peal year khes been leee titan go) five daye. re getting deem le four and - three 01) toys by my osm eaatmL 02) Q. Doyouhavo titondardtaotargaryouT outside consulting work? 04) A. I have a elanSard fee at current os) Q. What is that? Page 43 <i) A. For normal work, review of documents, 0) oonferenos, phone cabs, travel time, things of m tlmt nature; unleee re long dtotance wwws w wtileli I have a dtttorsnl policy or uvoniltflit, n 178 on hour. And for daooaMoii or taattmionv In n east under oath le 278 an hour or any part of an (7) hour. And I think re been tike that lor a couple p) ol years. a) Q. Using lha last year, <10 apprctomaMy the last 12 month time frame as a (n> basis tor Pttg40toPagp4 Cotoy v. Union CarbtdP NOTES MMmtV Ms Jon, can you estimate tor ms 00 ths percwiiage of your tool income that comas - (is) your work on behalf of Rutgars as the chairman of (14) ths chemical snginsenrtg department as compared to osj your income from outside sources, particularly your <10 consulting work. (i7> A. Percentage. Taking in account the fact (ii) that the hourly rates ere very different, hourly (io> rata at Rutgars Is vary Mfarant than the hourly go) rata for a Seeneed protseelimal engineer doing pi) Independent consulting work. 02) Q. I think we could take judicial 00 notice of that 04) A. Yea. About 30 percent. 05) Q. 30 percent of your total income Page 44 (i) comes from outside consulting work? A. Correct 0) Q. Okay. Dr. Devidoon, with regard w to the materials that you have described tor us t$) and. in fast, many of which you have brought with p) you, I nornthm within your report that wa have (7) marked as DavtdsorvtS there's a reference to a m medical report by someone by the name of O. Aroback 0) dated June 25.1900. The reference actually <iq appears on page tour of your report Is that (n) report located aomewriaro between the materials inat na) you have produosd? (is) A. I have not yet received that report. I was - (14) at the time I made that elfmaiti I was under tha <10 tmpreeeion 1 woidd be anmMng reports front those (ip two metical pooplo but I have not yet rsoslved qt) them. I did reeefve Or. Goodman's report, (ip Q. AN right Have you ever soon (iq tie report from Or. Epstain dated August the 15to 00 of 1969? 01) K No, I haven't 00 Q. Let me see if t can refresh your 00 racoilection. 04) IVs had the abltty wtiNn ths past 00 several days to rereadyour deposition in the Page 48 (i) Peterson and in that deposition I believe the 0) Epstein report was referred to and you indicated 0) that you had reviewed it tor the Peterson 0) deposition. 0> A. Right m Q. Do you recall that? (7) A. I don't race* k but H you recall k 0) that's good enough. I have It m Q. But the important thing is you (10 don't racall having reviewed It tor the Colby case? pi) A. That*a correct (i2) Q. Okay. <10 A.ProbablybocouooIoouhbitBndIt El <i4) had k In my Me. (ip Q. fine. Other than wrfwa ill refer <10 to as tha PVC cases that you have had wtih the 00 Levinson trm over tha course of soma 15 years now, 00 we've talked about ihoea various cases, have you (10 had other work wtih tits Levinson Arm as a 00 oonsultont or an expert? 01) ft Yea. 02) Q. Rastricbg youraetf tor s moment 00 from 1909 forward, which is ths laet timet had a 04) chance to depose you, do you have a recollection of 0Q having worked wtih the Levinson Arm on arty other Page 46 (i)caaas? A. Yea. A Q. Can you tsU me just in gsnsral m what thoaa cease were, assuming that there was more UCC 075767 net is) than ona? m A. Yea. Exposure to toxic chemteale In tha (7) workplace. Several different kinds. (6> Q. Do you recall what tha materials is> ware that ware involved in thoaa eases? no) A. AM of those cease are atlM In litigation (H)OO- (12) Q. You can still Ml me, tho (ia> litigation is public, if you hawa rendered a report (u> in those cases. In parlicuiar, you should tall me (is> if you're acting as a consultant and you have not (is) surfaced as an expert then perhaps you want to (i7> discuss that with Mr. Levinson. <is) A. In moetof them Iheve rendered an expert (is) report. Yet to be deponed. They're add In <20) various etagee of Htyption. (2i> Q. How many cases are we talking (22) about since 1989? (23) A. Several. Two, three, tour. <24) Q. Are you dealing with different ps) lawyers within tha Levinson firm? Page 47 (D A. Hard to say. It ohangaa sometimes. (2) Q. I'm sorry. That's what I meant p> You are dealing with drffsrsnt lawyers hare? () A. I'm dealing with the Arm and dltfarant (5) lawyers. Correct Primarily ona but It sometimes (e> changes. (7) Q. Can you tell me what the p) chemicals are in those cases? (B) A. I can certainly. I'm Just wondering what (io> I'm about to aay to something which I shouldn't (n) aay. (iz) MR. HOUJNGSHEAO: let's (i3) go off tha record for a second. 04) (Whereupon a rlwriwtern is (is) held off tw record.) (IS) MR. HOUJNGSHEAO: W# have [it> hmi a discussion off the record regarding (i) whether or not Or. Oavldeon should imi (io> ferae to reveal any informaifon regarding an his other work for tha Levinson firm. It's <2i) dear to me foal ha`s uncomfortable doing (22) so because ha doesn't know whether or not (23) the information hae been made public and I (24) don't wish to make it uncomfortable by ps) pressing tha issue tor now. Page 48 (i) Ratter than do It that way, l will ask Mr. Levinson in a leoar to p) provide me with information regarding any <4> of thoaa expert reports in which - or p> rather which may have bean made public by p) tha submission of tie report to the (7) adversary. (6) Q. I do understand, however, m Dr. Davidson, from what you said off tha record <io) that none of those other case* invotved PVC or VCM. un Is that fair? ii2) A. Correct (is) Q. And that goes back to one of my (14) original questions today which I salted you if you (is) have dona any PVC or VCM consulting work sines 1989 (i> other than tfte Cotbycaee and your response as I <i7) recall was no, you have not (is) A. Not with this firm. I have ona other which (i9) I'm going to got you again. (20 Q. That's involving tha extrusion of pi) PVC? (22) A. Yea. Slnoa that's active, I don't know It (23) It's pubHc, fm going to ba restricted by the soma (24) thing but I think I can gat you tha name of tha ps) attorney to contact and correspond with. _____________________ Pago 49 (i) Q. That wiM be fine. Referring you to tha report that we've marked as Davidson-18 m Cotoy v. Union Carbto* NOTES UCC 075768 MnvanMB) which la your report of Oocember 4. 1992. I'm going |p) to fry to taka you through foot in soma g) fashion which I think might ba ihe beat way to p) proceed today. (7> in the first paragraph you refer to p) `dangerous chemical materials* in Mr. Colby's p> and elsewhere. Can you tall me what you (icj) mean by tha phrase dangerous chemical in on that sentence? (i2> A-Yea. It has the potential to pause (is) harm and/or property damage end/of environmental <i4> damage. (is) 6. Ware you utilizing any particular (ip list mat might ba called dangerous chemical <17) s? In other words, did anybody supply you (ii) wrih such a list or did you make tooee condusions ns) based upon your review of the film pc) 4 Oh. I can glean from tha material pi) data shaata and physical chemical . . and p2) material whether they have this propensity. I can p3) also determine this NI can, Sax's p4) book which la Dangerous Properties of ps) Materials and frjam the Mtaratura. l"H Page SO (i) What did you use in order to p) obtain evarij i mental list of soma dangerous p) i materials in Mr. Colby's workpiece a OTD? w tot reviewing Me work history, <s) It, oroes correlating It with a of p) coworkara over a long period of (h undaretandhtg of the physical taking place p) and the materials, the properties of the p materials. (id Q. All right Looking tor a bit of (ii) a approach here, your report which we <i2) wW gat to in more detail, contains rateisnuae to (i3> k number of chemicals. Obviously polyviftyf (i) chloride, wiy( chloride monomer, (is) polystyrene. Those are four of There are (i) others in here. Oh Id it lair for me to conclude that (is) chemical materials' you found in your (f) review of various documents ere within (20) this report? pi) ^Ydo. p2) Q. The amended complaint contains a ps) to several materials. I just want to be P4) sure I understand as to what you are ps) upon. Paragraph two of tha - Page 51 a) corkpiaM, paragraph two of that complaint to te following wid I )ust want to know or p) notyou have commented upon all of thpde In some w fatison. Polyvinyl chloride? (5) A* Yea. m 6. Vinyl chloride? (7) A. lAonomer. Yea. p) Q. The complaint says vinyl p) chloride. You're amending frwt to vinyl chloride (ic* which Is toe gas? <ii) A. You can have the monomer or the 02) Q. I'm only reading what's in hare, <is) You i on wnyi chloride monomer. Off , Yoa. dd Pofyethyfana? (IS) .Correct. (17) Poiyurtehorio? rid I dkl not spsolticaMy oommont on that In (is> i report nor do I ewlude IL I have no i n i iwiniQ mi mm iimv uui Pag* 46 to Pag* 51 RO, might be pi) coming tram. 122) Q. AJI right In your review of the (23) file materials that we have talked about you did 24) not see any reference to polyurethane. Is that (2S) correct? Page 52 ID A. That's correct P) Q. Polystyrene, the next? O) A. Yea. Thors Included. () Q. IsopropiMene bisphanol resins? ($) A. I looked at that Yea. (8) Q. By the way. does that go by (7) another name? (> A. Blephenol A. 9) Q. Also called bts-A on occasion? (10) A. Shortened, bie-A HD Q. Let me go back. This actually <i2) says In one phrase teopropUidene biephenoi resins. (i3) phenols. (H) A. Yea. (is) Q. You did comment on both of those, (is) Correct? (it) A. Reelne and phenols. I didn't comment on (is) that because of procedure. I obtained tram Mr. (te> Wheeler's report and In answers to interrogatories go that that pertiouler resin apparently was not pi> shipped to this facility during that time frame. (22) Q. You're talking about the bie-A, (2S) isopropilidena biephenoi(24) A. Correct PS) Q. And phenole? Page 53 (D A. Yea. P) Q. Heavy equipment machineiy p> lubricants and fuels. <4) A. I didn't spsoMcady oommont on that p> because I hed no epeeMc Information ee to what a) thoaa ganarte oompounda wara In any of tha fact (n baaa that t have in thaaa 17 vokimaa of rnaserisl. m Q. And tha lastly It says fumes from tha ham aaalar m tha vinyl main bag packing bay. (to) A. Yea, I dkL (11) Q. Okay. In a general sense, (i2) Dr. Davidaon. can you tail me where you oblSinad (is) your information as to what chamicals Mr. Colby had (i4> bean axposad to? By thal i mean, tor instance, (is> were your primary source documents obtained from (is) during discovery or the deposition of Mrs. Colby or (i7) something like that? (is) A. The first domino In that would have been - <ia> waa Mrs. Catty's dopoaWton where she explained, (20) outlined hie work history during that ported whore pi) she explained the he came home from work) her m of whet heeekl he wee exposedto. m Knowing the time frame and tha hlalory of (25) previous knowtogjhegenerte_______ Page 54 <i) materials that ware involved thoaa are tha (2> collective ways I deduced what probably he (4> Q. How did you utilize the $) intormaOon from tha MaUko, Peterson and Bemadlno p) cases, if you did, to determine what Mr. Colby waa m probably axposad to? Did you make an assumption m that ha was axposad to tht same products in ttaip) time frame as toe otters had bean exposed to? DO A. I wouldn't can It an assumption. I would <ti) call H an analogous situation. Ho woa In the came (i2) workplace, ha woo In the Pag* 51 to Pago 57 Colby v. Union Cairtokte NOTES ____ wmw(ifl) sen noting zones. Ha ns) worked In and arouiM rha earn# material*. The <i4> dssnrtpHnn In Mrs. Colby's description aorratoiart its> vary wall with the previous testimony about the (is) hygiene of the environment In which these workers (i7) were working and the generic materials were aH the (in) soma (i) Q. ware their positions as employees po) wittin the OTD facility the tame? ei) A. Tide I don't know. (22) Q. Let me go back. My recollection ps) of Mr. Paterson for sura is that ha was a p4> maintenance man. ps) A. There my rsooUsctton.; Page 55 id Q. And my understanding of Mr. Coiby p) is that he waa a supervisor. I'm not sure exactly pj in what capacity but a supervisor. <4) A. Correct (5> Q. Would tomfactor ed A. And a shop steward. (7) 0. Fine. If you assumed those two <s) facts to b* torn. Peterson was a maintenance man p> and Colby was a supervisor or shop steward, would (io) that fact alone cause you to want to know more n i) apacttcaHy vhm Mr. Colby might hava bean axposad <12) to? (i3) A. Wed, apscHloaPy yaa, but specifically (i4> wtti reapsot to the same matariaia that those other (is) kidlvteiiala were exposed to they're McnBoal (ip P's the PVC reein dust and tha alutad monomer and (it) tha element (ip that I found dating back now 15 years as a (ip conelatent ganarte tto element ter a^oaurato a on dangerous chemical. pi) Q. Old you assume ttat the degree of <22) exposure was tie same between all of these workers? pa) A. The degree was of the same order of P4) maoniiirta Different quantise but the same psj degree. The order of magnitude was very Skadar. pkm ee (1) Wes sfcnder. (2) Q. Lets mako aura. Whan I use the p) word degree I meant amount of exposure, length of w exposure and exposure to similar matariaia. There p> what I mean by the word degree. m A. Yea. (7) Q. I --uma you defined degree m almlariy to tost. (B) A. Yaa. Tha quantity and duration of two no) variables. (ii) Q. But they're very important <t2) variables In terms of the workers' exposure to (is) toodo materials. Are Stay not? (i4) K They're one of many important (is) Q.AHrpiL (i) A. You can have a short exposure to a Ngh (it) concentration being eqidvatont to a long exposure (is) to tow oonoentradon. And than there's many (ie> i me Q. in the Malfitt case involving pi) those four Individuate and in tha Peterson case in pp particular, you had deposition testimony from tto ps) individuate as to what they were specifically p4) exposed to. Did you not? ps) A-Vos. Page 57 (D Q. That is not true in the Colby p) case, la K? n A. Hot from the dacaessd. He weanT UCC 075769 RO______________________________ ____________ dtpoMd. (4) Q. Correct The best you had in m that regard was Mrs. Colby's recollection of m conversations with her husband as lo what he was <7) exposed to. Is that fair'? (8> A. Correct, and Ms work history, which ie 9) pert of the record. (to) Q. Where is hie work history part of n n toe record? 02) A. I think It wee submitted in the enewere to (is) Merrogatoriee that ho wae employed there, he had <i*) these fob assignments and he worked in that (is) packaging building and to that extant ha was there. (i6) O. That's right He was there. nr) A. Didn't involve the gasoline gas station <is) down the street. (is) Q. He was there but that does not po> tail you the degree of his exposure to these pi) products. Coned? (22> A. h telle me only that because of the nature pa) of hie supervision ea a shop steward he was tot the p*j same breathing zonae ee other ooworkers. They were as) all in the same breathing zona. They wars aM Page 56 (D Inaids the building. P) Q. Is that sufficient information p) tor you to determine the degree and order of m magnitude of his exposure to these products? is) A. It la to the extent that Mis. Cofeym indicated ho waa covered Mke a snowman. Ho came m homo with the poeticise ottngfng to his dotting, w oomplaMng of coughing end choking, pardetrtarty p) whan tha haat actfvatad machtotary waa working to (io) aaal the bags. That type ot thing correlated very (ii) wed with previous testimony from operators who (t2) ware sxpoasd. (13) 0. Ha was not an oparittor. When you (u) talk about operator you mean bagging operator? (is) A. Right And It waa indicated previously (ifl) team shop steward supervisors comtoigie with (i7) operators particuiarty when there are spilla and net mishape they gat right In there and baooma tha seme (i) kind of worker. They have to go and aaa what po> happened whan a bag broke open and tha partMee pi) ware flying all over tha room and budding up p2) layers on everything end a determination hae to be (23) made by tha super aa to what to do. They have to p*) be tot tha building. They have to point to the ps> exposure at the point of spin. They are Page 50 0) equivalently exposed at that point p) Q. Your assumption from tat (psttmant, I assume, is that a suparriaor or shop wstweerd who comas in tha room fodowlng an a incident involving a bursting bag is axpoasd to toe tn same degree m the bagging operator who at there (7) during the bunting episode? w A. t would be a similar order of magnitude, p) R wouldn't be tha same but R would be similar. (io) Q. Why would it be similar? (id A. Bacauaa he's in the same room ware there's <i2) no ventilation or no respirator, wearing no (i3) protector# dotting. There's naked exposure in <u) both instanoes. (is) Q. In the one instance. H we locus <i on the bagging operator, ha would have been exposed ti7) through the incident itself with toe bursting bag, (ip generally from above as I recall, with the material (ip in toe afrnosphsra and perhaps descending on him. Colby v. Unton Carbida NOTES ucc 075770 ii) po) A. Correct. pi) Q. And toe shop steward would come p2) in i supervisor would come in alter toe pai k, would he not? p4) A. Could be there while R happened, ps) Q. I understand that but- Page 60 Could be there before It happened. Let's talk probabilities as p> compared to iliiiee. Yes. he could be but w let's \ that he's not I'm using a different (5) ar 1 here. The bagging operator for sure 1 1 is hers because tost*s his job. Correct? to Correct. (6) That's what you understand his m job to be. (10) Correct hi) The supervisor may or may not (12) have IH he's not toere during the bursting (i3) and comes later is his degree of (u) similar to that of toe bagging lor the (is) reasons you've expressed? on Vary simitar. (in When you at least mentally did (is) your list at*1 isngsrous chemical materials* that o#> Mr. Colby) PQ) exposed to did you indude cigarette I pi) Yea. 02) What was your understanding of ps) Mr. Cotbyjs smoking history? p4) A. Ha waa a smoker. ps) ft. Do you know to what level or what Page 61 .re--I have my notes on that and tot Colby's deposition. Do you want ms (4) R? ft came from Mrs. Colby's tq deposition? Yea. My racoHsction Is toat she said p) that ha a pack and a half a day.- Is that (io> with your recollection? (> Rnwylbe. R might be, db 1 stand correctsd if I'm wrong. 03) Page 103. She la, finally after three of questioning her aa you did, and 'on (is) page 105 Una 14 wan above that did smoke aa (is) much aa two packs a day? I Her answer, not that I (in recall, (don't Your question, somewhere (is) between and two packs a day? Mrs. CoRiy <ie) maybe a pack and a haff. And than goes on to indicate what cigarettes. PD Did you, in reviewing tha various P2> that ware supplied to you, did you coms|p3) up with any information that would that his (24) smoking history was other thani PR No. That's too souros of my Page 62 ID Was it your understanding that p) hts i history continued at toat level p) ' up untl the frme let's say until he (4) nertoustyil? is toat your understanding (5)1 m R may be my understanding. I'm not cj> m AN right m How long ha did and when he dot torn 1 oa (W) You, however, drew some (i i) conclusion 1 had a pertinent smoking history (12) you talk shouttoo potanliai synargisOc wtto oceupebonai chamicais. ee. I found from my review of (is) Dr. Paga 57 to Pag* 62 Selskoff's autliufitetlve works on asbestos . and (i> other ohemicals ho end Or. Hammond, 1 believe, they (i 7) found some positive corretabone bstwMn tho eeM (is) at which you contract 1110000101101110 HbWoili ond MB) other asbestos related dbeaeM with cigarette (20) smoke end their advice wee net to have people work pi) In IhSM dangerous areas who have a history of {22) smoking because of that. (23) Q. Let me stop you. I'm going to (24) get to a question of synergism. The real point of (25) my question is that you did consider the smoking Page 63 (i) history to be of sufficient concern to talk to p synergists? 0) A. I certainly did. (4) Q. When you say in this first m paragraph that your charter was to render a report (6) on Colby's relative exposure to dangerous chemical (7) materials to his workplace and elsewhere does the (a) elsewhere refer to anything outside of his (9) employment with OTD? (10) A. It does. HD Q. Smoking history would be part of 02) that, I assume. (12) A. It would be part of that (i4) Q. What did you learn with regard to (is) Mr. Colby's exposure to dangerous chemical (is) materials away from OTD during the course of his (17) lifetime? (i) A. What I could glean from deposition (is) testimony from Mrs. Cotoy I oouMnl Ibid any (20) genarle compound that would be cteaaMlod m <2i) dengeroue other than poMlbly Ms smoking habit, p2) previous smoking habit, and drinking habit Thoaa pa) two. (24> Q. Mrs. Colby was your only source ps) fbr information to that; 1regard? Page 64 ^ MW anymang i gwrao ironi iimw (3) Q. Okay. In other words (4) A. And their questioning and delving Into the (s> aame area. m Q. Where toe doctors interviewed m him. asked him questions about his lifetime of m working? (B) A. Correct Correct (io) Q. Dkt you make any inquirias on (ii) your own of Mr. Levinson or anyone also to ordar to <i2) obtain graafer information regarding his potential (i3>axpoaurestoothar chamicilsaway from OTD? (i4) A. That tea my baste question that produood(is) the type of work Malory eomlng from Mr. Levtneon's (is) ofltoe which la part of the dooumanta here. (17) Q. That is the document I have some (la internet in. If you could find tool I toink it (it) was witoin one of toe flist law toktefe toatwa m marked. (21) A. Colby Matory. (22) Q. May Ism tow? (22) MR. LEVINSON: That came (W) out oMour. 05) MR. HOOINQSHEAP: Would * (i) * * * 5 Page 66 (i) you mark this as 4A? m (Work history provided by (9) Mr. Lmfraon it received and marked Dovtdsor>4AtorM toandficatioa) (5) Q. Dr. Davidson, with regard to toe m document you have given me toat is called history <7) which is markad as Davidaon-4A. is toat toe only document you received to resportM to your requaet p) for additional Pago 62 to Pago 66 Colby v. Union Carbide NOTES MMram(i2} into to regarding Mr. Colby's (io) work history is OTD? (ii) A. Correct <i2) Q. Ooss that dooumsm contain any |i3) reference to exposures 10 chemicals away from OTD? (i4> A. It doesn't indicate any specific compounds, (is) And there wee nothing specifically atatad. d) Q. In fact, you have never bean (i7> advised eitoer orally or in any of toe materials (is) toat Mr. Colby had ar exposure to a dangerous (ib> chsniical other than vtoat he was sxposad to at OTD (20) plus hie cigarette smoking? pi) A. Correct (22) Q. And potentially alcohol. (22) A. That's It That's fair. That's right g4)^ Q. Do you knowwhen Mr. Colby left ps) OTP's employment? _______________ Page 66 (i) A. I can't give you the date, to Q. Let me suggestto you it was 0) 1967. Does that ring a bell with you? He was (4) employed at OTD from 1961 to 1967. m A. I don't recall the month. m Q. About torn tame frame? (7) A. That time frame. (6) Q. If he had been sxpoaad to, to use p) your woid, "dangerous chemical materials1 following <10) his employment at OTD isn't that something that you (11) would want to know and taka into consideration In (12) preparing your report and opinion? (is) A. Correct (i4> Q. And it turns out that ha hod such (is) exposures I assume toat you would wish to consider ne) that and perhaps a supplamantel report? <i7) A. V k aurfacad and I had tha ganarfc <is> compounds and the oondkione of exposure it would (is) be very halpfid pa) O. Do you know anything as you sit pi) hare today about any exposures 10 dangerous (22) chemical materials toat Mr. Colby may have had (22) priorto his work with OTD starting in 1961? (24) A. Other than smoking and hia drinking, I ps) dent know e< any. Page 67 (t) Q. la it your understanding that his smoking and drinking history, whatever it may be, p) wall get to that later, commenced prior to hia (*) work wtth OTD? TO A. Yes. m Q- And you got that from Mrs. m Coiby's deposition primarily? a) A. Priinariy. <b) Q. As you ah here did can you toink (io) of any otoaraoureotoal gave you toat information? (it) A. May have bean some medical records on 19e (12) at OTD but I'm not certain but tha primary la Mra. <13 Cotoy's ifspceiricn. (i) Q. InMafly, did you aver sm any (is> of tha hoapitel records involving Mr. Cotoy's o>various trlmiBSinnssndbeaUhentetetoehospttifs? (it) A. I don't think I dM. I (font recall that (ifr Q. Did you sea the reports at any of (ib> hia vaafing physicians? M A.HO. No. pi) 0.80 In terms of medical records (22) what you saw, IT I heard you conedfy this ps> morning, was basicafiy Or. Goodman's report, single m report of October sometolng 1992? PR A-Right end hia statement in there that ha Pegs 66 UCC 075771 RCi (i) did ravtew those documents. I'm iiytng on Map) expertise In Ma review of the autopsy report which p) he Mid he reviewed. K) Q. But in terms of anything that Mr. p) Colby may have eaid ae to either hie treating <q physicians or the hospitals upon his admission you m did not nave moos materials to review to determine w what was said in terms of other exposures. (#> A. Correct (ico Q. If anything wee said. I'm not (ii) repreeenting to you that it was. I simply dont(i2) know as I sit hare but you didn't hare that ii3> material. (i) A. The1* correct (is) Q. Okay. What did you team from (is) whatever eourcee you had about Mr. Colby's <it> employment after ha left OTD? <is) A. Juat what waa stated In Mrs. Colby's (top* its) Q. Do you have e recollection of (SO) that as you sit hare without pulling it out? pi) A. I would have to puM It (22) Q. Let me see if I cotJd help you. (23> I believe he went to work with the operating (24) engineers and was then assigned various iobe, if (25) you will. l`m probably not saying it wail but is Page 08 (i) that your baaic understanding? p) A. WeN, I would Ilka to took at my notes O) which are written on the deposition. h) Q. Or. Davidson, did you find a <s> reference in Mrs. Colby's deposition to that area? <s) A. Yes. m Q. What does It say? (B) A. On page 87 Hne tan your question where did a) your huetmnd go after he left OTD, what Ad ha dot (to Anewer, ha worked aa an operator of heavy (i i) equipment Ha want out In the field. Now you (12) asked now, when you any he went on as an operator (it) of heavy equipment ettd he work tor Local S2fi or was (i4) he working tor other employers? No. From the <15) union. (iq Q. The anewer was no from the union? Mb A. No. No. RighL From the union. Ej^leln (is> to me what he wee doing. He worked at a union <ie) had. po> Q. My recollection of that part of pi) the deposition, and you can conffrm itfor ma. Is (22) that Mrs. Colby could not be more specific than (23) that aa to what ho actually did whan he waa out on 04) tha various Jobe. Correct? (25) A. That's oorrsot ^geTO _____ - (i> Q. AN right Hareyouhedtiiepjabifliyto team from any other matsrisl or <g reterence document of wtwt Mr. Copy's specific t*> dutae and jobs might hare been after he left OTD? P) A. TMo la the only eouroa I have. m Q. Would K be of assistance to you (7) in order to prepare a report or partteps supplement <s) tha report to know more spedfieaty of how ha A spent the next 20 years or so of Ms Me In tie op) employment sector in order to dotetmins otiier (i ij dangerous chemicals he might hare been exposed to? (is) A. It would be very helpful If I hod any (i3) speckle Information. (H) Q. Right Which you don't have (iq baaed on everytiiing you hare seen. (i) A. No. (I?) Q. Okay. Let ma back up for a (iq moment I thought l heard you refer to medical (is) records that were available from OTD iteelf. bo Perhaps I misheard tiwL Did you hare a ^wcMc pi) Cotoy v. Union Carbidg NOTES UCC 075772 refsranjxi Mns*e(i3) i in mind to that? (22) A> The reference I hod in mbid, but I don't (23> rec iN where the documents are, he compk fried at p4) work about ooughing and spMNn) | up and phlegm and pq so forth and I deduct id from that that he must have Page 71 (i) reputed ttda to tha medical people at the feeiky <2> and I would praauma (hare would be e repoi t on pj Me. (*) Okay. (*) I haven't seen that (h Q You're working backwards by m deductive reasoning, if you will, if that he made <s) any < amplaints and the fact that you probably did <) $ lean from Mrs. Colby's deposition and I even jn i) believe from the work history that Mr. Levtnscn <nj supplied you with, that he axtid haw, ti orefore, (iq complained to the medical people at OTD and that (ia) there ought to be record! available. <i4) A Yea, either directly or through Me union. (iq 0 You're not saying, however, that pq you saw an (such records and they were supplied to ii7) you, e.. medical records from OTD? (i*) A That's eorreet 08) Q Okay. When you talk on tw first pq page of your report that's been marked Davkta m-18 pi) you refer to an opinion that Mr. Levftrwc n waa pq seeking on * avoidance of exposures.' (23) A There's a mlaapaBad word there. 04) Q I sea A I'm ignoring it The ps) word ahotdd abviouely be oplnlona.________________ Page 72 (i) When you talk about avoidance of exposures P) I ass jme tiiat you're talking about slaps that axJd g ) hare bean taken, sispa by tha employ er, OTD or the h) manufacturer of certain maasria!, in title case a Union Carbide, to avoid or aUav ata exposures of m the workers. (7) A Correct. There are two primary media dame tor that Q Which well getto later. Iwantfiqto make sure I understand. We're not diking about (i t) avoidance of exposure by the workers themselves, [iq The avoidance mechanism being emptoyled by workers - (iq AiNo. They ooufd not have known that P4) couldn'tperceive. (iq Q{ Which you say elsewhere in your (iq report Yea. In that same paragraph you refer (iq to chemical agents identified in ih* pq report of Dr. Rowland D. Goodman dated 4n 10-22-02 and thoaa in Colby's history. What specific carcinogenic p4) chemical report? 1 identified by Dr. Goodman in ps) hie Page 73 A!The PVC powder and again mention that frhje. - q and then and again mentioned In fttre.Cofey's dap. P) Q, So we use the same phrase, when t*) you say PVC powder is that PVC resin? A iC That's resin. A Q. You don't mean to suggest tiist p) tiisre's a diftaranca between the two or do you? H A* NOi rVv flM m pOWQtor A Q- You uh tarn interchangeably? <io) A. toterchengsahly, yea. end stop that '(in means die entrapped monomer and Ptegp 68 to Pte0q 73 RO tha eluted monomer. (izj Altogether in on* terminology. da) Q. I understand that from your <i4) report Doea Or. Goodman in hie report dated <is) 10-22-92, refer to Mr. Colby's ctgaretta smoking? ns) A. Without reading it over again I can't 07) recall. Do you want mo to rood It over? (is) Q. Actually, I will tell you that on <i9) the third paragraph of the first page he says, (20) "this indicates the patient was aheavy smoker and pi) had heavy ethanol intaka but tha quantities are not (22) given in any detail.* So it's in there. (23) A. Yes. I eee It now. (24) Q. Ail right Are you aware that <2$> there are other reports prepared by Or. Goodman Page 74 (i) with regard to the Colby matter? d) A. I'm not aware of any. P) Q. You've never seen them? () A. This te the only report that I was In $) reoeiptot. <s) Q. And tfte only one upon which you m relied in preparing your opinion? (8) A. Part of my opinion. Yea. 9) Q. Part of your opinion. (10) A. Yas. Oh Q. Let me show you two reports. One(i2) has an examination dais of July 29,1986 and <i3) another one entitled death eaaa report dated 1-9-90 (U) and ask if you have aver seen either of those (is) before. (is) A. I haven't aeon either one of these but tha (i7) 1-MO looks very similar to tha 10-22-92. There's <is> a lot of afiwUartUoa. (is) Q. Going back to the report of (20) 10-22-92 can I direct your attention to tha second pi) page where Dr. Goodman undertakes a bit of the 22) summary of various hospital records that he has so) seen and I would ask you to look at the fourth line (24) down of that top paragraph. It says, This (25) indiestss patient smoked two pecks of dgarettoe Pegs 75 (i) daily and admits to heavy ethanol intake.' The <2) reference seams to be to tha Rlverview Hospital p) record of July 10,1983. You ware aware of that (*) statement in Dr. Goodman's report, I assume, ts) A. Yes. <4 Q. Did lhat give you greater (7) confidence that, in fact Mr. Colby would appear to <s) have bean a smoker to the extant between one and a (8) half packs and two packs a day at least? (to) A. Yes. It gave me confidence that there'aa (it) eonelaUon between what lire. Colby was laatlfyhtg (12) to and what was gleaned from a dMererd eourea os hare. (i) Q. A littie further on in tie seme (is) paragraph there's another rofarenca to (is* Or. Commentucd on a record In 1806 tint tie (i7> patient smoked two to three packs of cigarettes (i daily and drinks at least a six pack of beer daily, (is) So you had that information avaiabla to you as (20) waK? pi) A. Comet <22) Q. Coming back to Dr. Goodman's (23) report again, ee far as the carcinogenic chemical [24) agents are concerned, the only ones identified in <25) this report tien, are as far as you are aware, PVC Page 78 d> and in say PVC/VCM for the tme being and smoking. d) A. Yea. () Q. Tha other chemicals that we p) mentioned in here in Or. Goodman's report is it Pago 73 to Pag* 78 Colby v. Union Carbide NOTES ___ Wn4ran4Q*) my xManding mm they arenct carefc--vsnie (7) chamioai agents? m A. I dent know ttmt as a fact t) Q. Let's go back tp that After he (10) mentioned PVC again ifm looking at the paragraph 01) that says industrial history on ths front oMhe02) A. I am too. (i3> Q. Okay. After PVC and VCM it (u> mentioned polyethylene. (is) A. Yea. oe> Q. Are you aware jwrfiethar (17) polyethylene is a carcinogenic matoijal? (is) A. It depends on what reference and what ns) application. There are references on ad solid go) plastic materials, have a potential for pi) carcinogenic reactions. (22) Q. Let me ask yot| more specifically 03) A. In addition the one book that 1 referenced e^lsak about that subject Implantations under the ps) skin. Plastic of all types have produced, ___________________ Page 77 (i) carcinogenic raoctl)ana. Not all but many. 0) Q. In humane? 1 O) A. Not In humans. Animals. K) Q. Now, do you recall any specific litsratura that would support tie proposition tool (6) polyethylene, that specific dwmicat or plastic, (7) caranogenic to either animals or humans? A A. ft couldn't be the polyethylene, ft would p) be tha un reacted monomer, that la tha active (io> species or hitannadlate epsolss. in) Q. Wore you aware of any spedfle (ip literature that supports that proposition that the (i3) monomer is carcinogenic to etimr wtimals or (u) humane? os) A. Carcftiogente|l can't epecifteally state (if) but ft dees have TLV of loadc material. Oh Q. But my specific question now (is) deals whh cwdnogantclty. (is) A. I would have to rood almost every erode po* In my fa to pick up a specific - PD Q. I don't wish you to do that P2) A. And I Pont raced specifically. That*a(i) * * * 5 myp3) p4) Q. And my ie only what is ps) you recall speaftcalty and you could direct me 78 (i) to something specific. The same question if you p> would regard toipoiyurethane. Are you swore from p> any speofic Iftarature that it is considered to be m eardnoganic in animals or humans? (5) A. Yaa. Polyurethane la - I've hod a lot of w atiparlenoe with polyiwethmie and I can toft you (7) ft*e note pure subetance. There's un raectad p) components in ft ike TDI which carcinogenic motortoia. no) Q. CouldlintWTuptyou? I think (in we ssabUshsd earilor toot there's notiilng that (19 you tmm aeon in tha mtitorials that would suggest <19 tut ha was axpoaod to potyuretfiane. (i4> A. That's correct mid that atifi stands as to ps) today. I haven't found anything. I aaoura you N (ip I would haws found something I would be able to (17) comment on this of tide particular compound, lip Q. We can pace overthat The nood (is) is polystyrene and I ask you tha same question as pc) id whether tfiara'a liiaraiura in support for it pi) being a eardnoganic mmcrial? P9 K Not the polymer but the un reacted UCC 075773 net ________________________________________ monomer p3) because it's ethyl bertax*. 124) Q. Tho i in rootert monomer of ps> polyethylene is olhyl?_________________________ Page 79 d> A. No. Polystyrene. O) Q. Is ethyl benzene? o> A. Could be. (4) Q. It seems to be - 15) A. Wett, we don't know how much reactive - H is> it's completely purified there'e not but that's (T) never the case, is) Q. All right (8) (Whereupon a discussion is (i held off the record.) (id Q. With regard to the monomer, (12) whatever its consistency , are you aware as you (i3) sit here of the literature that supports die (i) proposition that it's carcinogenic? (is) A. I've eeen references to the un reected (ie> styrene monomer ee being a auepect carcinogenic (it> element in end of Itself. (is) Q. Is that because of the benzene <id) element? (20) A. It oouM be the benzene. Wed, benzene is (2i> In the ring. Ife pert ethyl benzene and then we <22) dehydrogenate to get the styrene monomer. The pa) benzene la also there Just like benzene Is also 124) there for phenol. g5) Q. Recognizing as l do that you are Page 80 (i) speaking generally in terms of literature that you (2) have seen, do you recall any specific literature on p> the issue of the monomer from polystyrene being (4) carcinogenic? P) A. I've seen IL I reeaN it specifically. W Q. Let's just run through lha rest (7) of mace. The same question, if you will, p> isopropHidene? It) A. 1 have no common! on thaL I haven't seen (iqthaL (ii) Q. All right Now, Dr. Goodman says (12) in his report disphertoi resins, and I take that to <ia> be an incorrect Term and I assume mat ifs (u) btsphenol resins. Are you aware of any other (is) literature supporting the proposition that (is) bisphend resins are or can be carcinogenic in (i n ansnals or humans? (ia) A. Yea. The phenol components of - <iB) Q. Ofthabie-A? <20) A. Yea, an extremely low threeheId I think It pi) is. p2) Q. Do you have a specific p3) recollection of a particular piece of literature p4) that supports that proposition? ps) A. Yea. I have seen oomments to the phenol (i) * * * 5 * 7 * * * * 12 * * * * 17 Page 61 (i) component an far ae phenol is In the suapeet p> carelnogente Nat p) Q. The list that you talk about (4) you're referring to the EPA? (5) A. It could be the EPA, It could be the OSHA. (8) Q. But that's where you have seen (7) A. It could be in Sex'e book alee but I've (8> aeen tt. Yea. ) Q. He hae phenols nexL I enums (io) that that's a retarance again to bisphanol and your (i i) answer would bo the same. (12) A. Yea. da) Q. Lubricants and fuels, probably (U) too general to know what that is in reference to. (is) A. I don't know what lubricants and what (i8> fuels. (17) Q. You'd naad to know more than (is) whafs here in order to determine whether ife (i> Colby v. Union Carbida NOTES UCC 075774 MfMim(l5) caran igenic? (20) J. 1 wouldHkatoeeetheMSOA. pi) C . In any avent. it did not antar p2) into your opinio 1 because you didnt have any pa) inform ition on iL Correct? (24) A. Yea. ps] C . And fumes from the heat saalar in Page 82 11) the rinyl resin bag pecking bay that was something p) that you did study. Are there careiniiganito (3) elements in that? (*) Yea. (S) C. What constitutes the carcinogenic in elements in the fumes from the heat sealer? m You've got quite an alphabet eoup of ()'chaidcala composed and recombined lama da from the <s> thermal activation of PVC (including benzene which no has been In the literature and scientific (i i> expert monte on the heat activation of PVC (i2) produ sera, that and a potpourri of other cheml cels (i3) Including - end Including the monomer VCM. (1*) As I recall, there's a os> substantial porbor of your report mat talks about os) tha fumes from the heat sealer so the best time (17) would be to do that is when we get to your report <14 kliR. HOLUNGSHEAD: Having <iq concluded that portion of the deposition pc> why don? take a break tor lunch. Is pi) that all right vrth'you, Mr. Levinson? B2) Fine1. he says. PS) (jWhareupon a lunch race-- pi) ie taken.) PS) Dr. Davidson, on paoe one of your Page 63 (i) repdrt down at the bottom AVCM appears. Can you m toll me what you mean by samoa >heric, local or near p) field, free 3~~-~rr vinyl c Sonde monomer? <) Particularly the reference to local or near Held, (5) does mat simpty refer to closer or further away? m *. And in-between. (7) C i. An in-between? m 1-Yea. It'secontinuum, pj (l. So local is does? no) i. Local meene and includes micro wopkally (in doee. Close, further away and tl an further and da) further away. There'e no ma glee! dividing line ns) except the term local 1 nd/or near field means from <i) the point hat It becomes fugitive, airborne which (is) ca 1 be very local at the mnlemdar level all the (141 way to and Including breathing zone and b ryond even (it) over the boundary fenoe Into n righborhooda. AN <ie> part of the epocti urn of near and tar afield. (IS) t >. When you refer to free gaseous po) monoi tier or chloride monomer mat's a reference to pi) the monomer whether it has been leached outof{the 02) ream or just exists as a monomer. You're pa) referring to mat as fie same? p) A.R*ghL There are several souroes tor It; ps) the free g--one component monomer that Page 84 (i) one way or another the resin particle ac an p) entrapped end elutod or aa a thermal p) decomposition In the heat scaling proosaa. <4) Q. On tie next page vrtien you refer <5) to PVCRl pdyyfnyl chloride resin, do you p> djaNnjulsh in your usage of me turn PVC. do you pi distinguish between various types of potywiyt (s> chloride resin? o> A. No. Rag* 78 to Pago 84 RO_____ _____________________ Colby v. Union Carbide (iQ 0. This is intended to refer to any in) A. It could be a copolymer as long mm ft (is) gMricaUy has ths cartoon hydrogen NOTES chloride (i3) grouping end any ottwr eopolymsr with It Is fins. (14) Q. Ars you awara of what the various (in terms of PVC resins were in the mid 1960s? We can (is) take Mr. Colby's lime of employment at OTD which ii7) was 1961 to 1967 as the time frame, if you will. (is) A. From Wheeler's report (is) Q. Is Mr. Wheeler from -po Dr. Wheeler from Union Carbide? (2i) A. I don't think ao but that's okay. Is he a 02) doctor? HIs report and deposition indloatad that (23) there were three Unde being produood and shipped (24) to the Perth Amboy facility: suspension, bulk and gs) solution.(i) 2 * * * * 7 8 Page 85 (i) Q- Do you know the characteristics of each of those? (3) A. Yea. (4) Q. Can you tell me in general what (5) they are? is) A. The suspension way of making the potymsr ki (7) a reactor according to Mr. Wheeler represented <s> about 25.7 percent e* the shipments by poundage. s> Basically It's a suspending agent alone, alcohol (io) and water, and the monomer Is aN put into a <ii) reactor, stirred up, temperature control and you 02) gat out particle fines In the SO to hundred micron <i3) range. And the residual free monomer concentration (u> averages up to as high as 2,000 parts par mHBon os) and averaged around >60 parte par mMHan prior to (i)1974. That's the suspension. <i7) The buto represents o lower percent, I (i8) think 12A aooordktg to Mr. Wheeler's testimony, 09) by weight R*s a different system. K doesn't eo uaa any advent ra a mixture el PVC and monomer pi> mixed together in a reactor and the atae of the (22) particles, average else, around 60 ndcrona but pa) oontalne a vary low residual free monomer (24) concentration. According to Mr. Wheeler, leas than ga) ton porta per mMton by weight Page 86 (1) And than the solution which ispreosnti 61 (2) and a hoH percent by weight Again ra dona in a (3) continuous flow atfrrad tank reactor or stir tank k> reactor and It has a~ comonomar and a advent m producing 76 microns alas particles but It has a w low oonoontradon ot residual boa monomer. Loos (7) than one part par mMllon by weight (8) Those ware primofBy ths three having a PVC is) make-up to the raabt wtdeh ware shipped. I balisva (i the auaponolon was something Ilka five minion fii) pounds a month, l bsHevs. Thoro'a some table data (ia) that Indlcataa how many mMBona ol pounds par (i3> month but there was a hugs, huge quantity. (i4> Q. Whet was tfw percentage of tw (is) solution PVC that was shipped to (is) A. 61 and a half percent the largest (i7> fraction, but the second largest was the suspension (ie> which had the torgoat raaldual free monomer. Or if (t9) you want to do ft; ths one that produced, shipped po) ttte moat raaldual bee monomer was a suspension. (2i) Q. But in terms of the percentage of ps) aU pounds or tons that ware shipped toe solution (23) had by ter the big - (24) A. Correct Pag* 84 to Pag* 88 MmIiw<16) as)__ > you haw any reason to "PSgeiT (i) disagree with Mr. Wheeler's sanemsnts as to the residual monomer, chloride monomer in ihose three p> types of PVC you've just identified? (4) A. Yea. I do have soma, soma rsakluBl doubt <5) as to how ha aoeompliehed. I haven't seen them description of the analytical teehnlque used to 0 maosura that and the statistics behind It The sampling taohnlqus was ovary pound that wad produced, aamplad or was sampled onoa a month for <io) raalduaL I would Hks to know how ha could ki the (i i> '60s know that one part par mNUon was residual (12) free ns) Q. Have you dona any independent () studies of your own to determine what those numbers (is) in torms of residual monomer, chloride monomer, (is) ought to be in your opinion as compared to the (i7) numbers given by Mr. Wheeler? dd A. I looked at that time, aea mental exercise (ia> there's -1 even asked and received soma 76 eg samples of several of thooo to owe quart Jare pi) hermetically sealed and I was going to produce to m have that B|2ia uf iJBiBP AraqfaCH svnnovVt (23) the same group that was retained by Union Carbide 04) to do the same thing. I never foiowed through os) xrNh that for one reason Pago 68 (i) probably because I didn't think those samples were 0 representative. 0 Q. Do you have any information 0 wtHn the material that has bean supplied to you 0 for w Colby ease tfiat would allow you to come up wwfih a cam iaMnntoatwould result in different (7) numbers than those put torih by Mr. Wheeler? m A. Yea. They would be the same Mnd of p) Mipna 6MunoMiMni wm omugn 1 went (io) through except I <M one thing dMerently. I (ii) relaxed some of the aaaumpttone that he made (id showing that II you relax one assumption and then (13) another assumption and relax them In rnaditoatlnns pi) you can dramatic--y change the atmospheric or the (is) raaldual free monomer concentration, the atmosphere <i#) concentration ki the breathing ions. (it) Q. Let's make sura we're talking (is) about tie same thing. Why was Mr. Winder's tip calculations just imandad to show what wo have (20 bean taking about thus ter, the residual vinyl pi) chloride monomer, in t particular PVC pwtide at re the time of manufacture? (23) A. No. HedUnY doany caicuJadonson that. p4) He just stated them ki a table. 35) Q. Which ttbla era you retorting to? Page 86 (i) A. Otoe a>e just a moment to regurghats that 0 which to right In front of see. Page 53 to rn Q. Of? W A. October *66. Peterson. If you beep wa go onto 61a 0 ntd sstkeotas of exposure to vinyl oMorido 0 monomer. Wo got to a pcM where he on page 96 at 0tfw bottom, wMoh to atoo ridar 96 ki wwwere to 0 Mia ftp that, where ho gives these Mia lor auapanaion a (ii) number of 660 without ready pip iot lip (19 oppim dpi pno wnpt UCC 075775 RCJ. ________ year that ha did the <i3) calculation. (i4) Q. Let's stop here to we can dear <is> up ihe record. (16) On the bottom of page 59 of the report that (17) you're referring to from the Peterson litigation he (is) says the following, at the time these resins were (is) shipped, which means from their point of (20) origination which i recall is Texas City, Texas &n primarily to OTD and go back to the road, Ihe <22) residual vinyl chloride, the residual vinyl (23) solution was estimated to be and then he lists 04) conclusion resin less than one PPM. as) A. Bight Page 90 (i) Q. Bulk resin 15 PPM and suspension <2) resin 660 PPM. Now he also cries to his resinc (3) table at ihe end as to his support for those (4) numbers and he cites to reference numbers two, (5) three and 93 so has he not provided you with at (6> least some specific reference as to where his (7) calculations or his numbers came from. (8) Reference number two in the literature is) cited is apparently a paper by R.N. Arnold called (io> current dale of the residual vinyl chloride in (i i) suspensoVnon-soivent vinyl resins. Reference <121 number three again is to Arnold, an analysis of <i3) suspension of vinyl resins for VCM content and <u> reference number 93 is to Wheeler's letter and <ts) report to Mr. Ren (phonetic) of the U.S. Department (is) of Labor in 1975. So frwre's some reference there, (i7> A. I don't deny the reference, I )ust don't ns) see any data. (io) Q. Have you seen the reference items <20) that are specifically alluded to her? si) A. I fust sew the reference to the -1 (22) haven't seen the meet <23) Q. You haven't seen Ihe document S4> thafs being referred to? (25) A. Thafs correct And how the measurement Page 91 (i) was ascertained, was It a gaa chromatograph or whattechnique waa used end the aecuracy of the p) technique. Standards were eel up to test the (4) accuracy calibrations end so forth. ($) Q. Ail right What you're saying, m if I hear you correctly, is that you have questions <7> about the calculation. You have not suWdentty w been made aware of how the calculations were done i) and the nature of the calculations but you have not (10) done specific cateUationt based upon data from the (ii) 1960s with regard to the resins that were being (19 shipped to OTD to come up with specific numbers on (is) your own as you sit here today. I* Viet fas? (i4> A. Thafs very fair and of oouree don't forget (is) the word was estimated to be. Didn't say It was (is) analysed to be. (it) Q.Yee. You're referring beck to <ii) ft* reference on - (20) Q Statement by Mr. Wheeler? (2t) A. That opens the doer to estimates end (22) simulation analysis. (23) Q. What do you know and from what (24) source do you Know It as to how Mr. Wheeler did hie g5) calculations for these estimates? Page 92 ii) A. I beHevs In hie deposition he said In the cn period around the 'BOe they were developing 1 m beHsvs e chromatograph or an anaiytkml teehnique (4) that could be ueed to take held samples back to a (5) laboratory for analysis that were limited to 50 m parts per Colby v. Union Carbidg NOTES UCC 075776 Mntnm(i7) mUUoii residual free monomer level. And m thafs why I'm raising doubts aa to how you can (8) measure one when they admit that their nodal was p) good to SO. I believe it wee In the period of the (ioj early '60s end I do recall reading that In Me (ii) deposition transcript. |i2) C1. That had to be from the MaJiko (13) case. I think that's the only time he's been (i) depostd. <i5) i. it wee that far back. Yea. (is) C . Okay. When you said aarfier that (it) you b< lieve he made, I'm paraphrasing, that he, Mr. (is Wheeler, made certain assumptions leadin j up to his (te> estimates or calculations what p articular eo assumptions did you think he made with which you (2i> quairei? (22) f. In my notes which were In Davidson numb ir (23) ten I tried to redo hie simulation with n y own (24> model which basically Is the same nodal he ueed but t2S) updated from the point' if view of application and Page 93 (i> teehnique and using exactly hie assumptions. With no equivocation I came up wk l a number of point, m an average numb 1r of .962 parts per mlWon atmot pheric monomer concentration In the breed ilng ts) zone in the begging room end he came up with a m number M. I figure thafs close enough. We both (7) agree ee to how to get til it number from the <$) aseumptiona. Q. Can I irrtemjpt lor a second? A. Yea. Where are the assumptions listed <12) so 1 understand what he wee doing? , Sure. Sure. The one eeeumpUon | he (u) got by hearsay wee from a Mr. ' who gave Mm (is> some input on the HVAC; heating ventilating end air (i condl toning. Thafs a modem way of saying what 117) wee the ventnetkm rate in the room. And Mr. (ta> Archer gave him, as 1 understand ns) figure of 4^)06 cubic feet per airflow (20) ventMation forced In a icublo foot begging (2i) room. That was He assumed two (22) things. One, tint that was correct; two, that the (23) 1 fan woe always working end on. (24> O. it might be difficult if l wait ps) to the end. Wee it your understanding that there * 1 * Ill Pago 94 only one exhaust tan for ihe room? . For each room, . One bagging room? .Yea. Where was that located? In the ceding. . Was there local atfiaust on the (a) 1 at ail in the begging room? ft oould be but thafs not oignlffeant. 1 Inside the room. Thafs not 1 In (ii) fresh ek. Without it it would be wheuating (i3> air and particles in the air from the <i4) A. It would be making the skuation worse H <ts) ftwes doing that which I understand k wee. It (is wee actually blowing air through the building and (i7) when they touohed k simply spread the pollution (is> further Into the roomjinto a wider breathing zone, ns) But wok to your question. Ill correct that later. n doing bock to your question, that waa one (22) assumption the! he mode. I have no probfeme with (23) Me assumption ee to the Pag* 89 to Pag* 94 no volume ol the room. 1 n m In tho room i I had taken not--, although I can't (25) --am to find thorn beck In *7> whan I w there. I Page 95 in agree with that numbar. That number la about a right It may bo off by 500 cubic toot That1* (3) not significant. (4) Tho other thing that ha eeaumed was tho [5) fros ts] Q. Before you move to that tall me (7) what's wrong with tho assumption. A A. Nothing. About tho volume a4 tho room? 0) Q. No, about the amount Of ihe 4,300 (io) cubic foot par minute. (i i) A. Yea. That's important. Whan It's off (is) there* no ventilation at aU in the room and avan <ia> whan it's on the aasumptlon la mad* that you era - (i4) you have unWormod distribution of pollutants in n*j the room which la not tho ease. You have oq tremendous stratification. You have white snow on it7> tho floor dsocrlb*d to bo she inch-- to a foot high <ia) of apurioua PVC powder that esmo from the broken (is> baga and the exhaust ki thaoaWng la not picking (20) this up at att. And accordingly VCM, tho gas In bd tha atmoopher* bsing h--vise than air la going to (22) otratlly Raalf and tl-- exhaust fan cannot pick it a) ad up. There's an atHclancy factor. B4> Ho a--umsd 100 poroont efficiency which la gsr by ovary ventilation standard book l*vo aver rood, Pago 96 (i) and Tvo road a lot of thorn, you never u-- in B) d--Ignlng variation of a room. You always throw (3)btan engineering dooign factor of at laaat 280 <*) bocauao offlcioncy very oft-- la only SO percent, (5) Q. Oo you have any information twt a would suggest that Mr. Archer's advice to Mr. (j) Whooior w--incorrect? By that I mean -- to a whether or not ha had facing support for that p) statement (io) A. From arhat I o--Infer from what h-- been (ii) stated, and M*s Just an Inference at tMa point, (i2> al Mr. Arehar dM w-- one of twoMngs. Ho (iQ oWtor got up on tho roof and road tho (u) aMHMitoeturor^ eubte foot por mlnuta ofl tho motor os) or ho hod seats anglnaor dooign drawing that atalad (in that So that's one assumption which I ohaHanga (i7> and It ahoukl and ooidd bo maooagod up and down to (ie> a-- tho off--t -- tits ns) The other one which I have peobfei-- with la <ao) tho gaum aUun Sana for raaiduai tor fr-- pi) monomer In tils Mr coatingtram -- many biaga being n preoasaad par ahull' and eo atuch air being M--M on tfaough the bog. Andbaaad -- araoMaalfr-- pq monomer concentration of, IbaB--ha had 550 bs) parts per mitten, IbePov* fc w-- Pag* 97 (D avoraga mimbor of I tfiMt Mr. Yfhooiar foh g) that oomo of that w-- loot In transit and oo forth, p) By tha Uma k got to Perth Amboy It w-- 500 w aomaWng oo I question that Ha doe--*t know that g) tor a foot Ho do--n't know It w-- 860 or M It a would ho-- boon twice or halt that. So I question (7) the generation term -- bsing not --at In concrete. A Q. I'm aony. I'm not aura I follow a on generation farm. Pago 94 to Pag* 100 Colby v. Union Corbido NOTES amKii) 110) lie calculation h-- a ventilation farm and c<jb generation term. 02) Q. Qanaraiion referring to what? (i3> A. Qanaratton referring to what - ftrat of <u> ad, ho1* admitting that there1* a generation of a (is) --rdnogan in the workplace in tho breathing sons. <ie That la tho moot aignMeant admission I've as-- In o?) aU tha dooumanta in my fils that ha, who la -- <i) export for Union Carbide, probably knows -- much (i9) about this -- any other Anglo person at Unkin so> Carbide in that Urns trams Is admitting that So pi) that w-- roafty a backbone to -- of my m Investigation, is that document His dopesMen (23) report was vary rev--Hng ki that eenee. Ha's a (2*) chemical an Q. And you addressed that in vour Pago -- (ijrapon? A. Yea. A Q. So welt got to that Lot's stay (4) with my A A.rraettlA Q- What's generation term? m A. Your question w-- a almpia question to sis a but It's a vary Involvad question for me. Only ) involvad in tha senes that has many parts. no) Tha generation larm iea very pi) BranKmiiy mvimdv# iinn win rvtpM to the (i2) final numbar you gat in tha breathing sons. If you <i3) double it you get twles. If you taka 80 percent of (i*)lt you got haft (is> Q. Tha only thing we're mitring - <ie> tot me stop you bacaues I donl think you (i7) understand my question, it's really much rimplsr dQthanthaL What do-- tho word generation refer to. m VCM that is generated bo A. Yea. bd Q.la02) A. In that bagging room A every instant of bq time. B) Q. I now understand generation term, ps) AatotharionlBcan--weUgetioftHaer. Page 96 (i> A. Yes. Okay. A Q. Let's go back to this assumption a that A A. Ha doesn't Mata Is the temperature. A Q. Ambient temperature in the room? A A Wei, that temperature A not so critical A to me. It's tha tempiattire of tha parttd-- bi a tho bag In ttta bagging proc-- what tamparalura a wore they In. That's Important bscau-- It w-- (iq statsd previously by Mr. Wheeler and other experts (in In tha bald that one of tha moat Important n vartabi-- for tha self elution of tho entrapped <is> monomer Io temperature adds from particle at-- and (i) tha method of preparation. That's nowhere in Me (is) aknulation. A higher tamper-- would ghra you a on higher generation. <i7) For example, lower tamper-- lower. The on exposure would be greater In tha eunaner and tide (in was not -- air eondttloned environment so I would bo estimate thot In tha summertime It's Hka any pi) tsHrir eendMoned factory attuetion. It's Bri reflecting outeido air and aisy oven bo hotter ps) boeou-- of tho oooumulatkm of B4) Q.AA right os) A. I chsPenge that. And I wont through* (i) Pago 100 (i) abnulatt-- to any relax tha assumptions up UCC 075777 RCj____________________________ _________ ________ and down p> and in combinations ni** . atiowod it quita easily to o> myaaM aa a demonstration that the combination of <) reducing the HVAC by 50 percent and incraaaing the <5> generation rate by just a factor of two gives me a *> parte per million average In the breathing zone of (r> VCM of 3.85 parts per million. (8) Q. Is that independent of which type oi of PVC resin it is? oo) A. No. This is based on suspension. I (i i) haven't deviated from his other aseumptione In the <i2> calculation. He was saying considered to be the <i3> worst case situation. I accepted that as a worst p4) case situation and I did the following simulation os) which was on pages one, five and... (is) Q. So you came up with 3-8 PPM with <i7> those changes. Is that right? <iB) A. Yea, and then I did one other thing which (i9) he did but we did it differently. He went through <20) the Qollob Analytical Services reports which arc (2i) attached in Davidson-5. They're 50 pages of data, (22) real data taken by analytical field chemists by {23) Qollob, brought back to a lab and under a) scientifically controlled conditions analyzed for (25) VCM. So I have e - this is the most accurate data Page 101 (D t have seen. And he picks out only those data a) points which agree with hie simulation In the one p) pvt per million range. But I have shown and I k) have pagas upon pages of evidence that Gollob <s> provided to Union Carbide to their own analytical (>) reports, k shows that one part par mlWon waa id violated a number of times to a number of plaoce (8) throughout the entire period of their examinations m which, by the way, took place In the *74, *75 time (io) heme which you would expect to be lower because ii n that's when they were making process changes to <12) Texes to reduce the hazard. So the situation in (is) tfw '60s had to be higher than that and yet Mr. (i) Wheeler ignored all of that In hia simulation os) chapter and only picked out those numbers which tiej agreed with hie simulation. (i7) Q. Administratively, let me dear (ia> something up. One of those comments that you've (is) just put on the record are specifically part of (20) your report in this case. Right? in other words, (2i) you've not written a report toat specifically (22) outlines ail of that in lha Colby C8M. (23) A. WeU, Indirsctiy, yes. (24) Q. No. No. Answer my qusstion. ps) I'll gat to the next Its not in the Colby case. 1 2 * * (S) Paga 102 (1) Right? (2) A. Ifa to the Colby caao aa tar aa my p) analysis and conclusions not explicitly atatod but (4) it waa part of the documents which you have to the (5) Peterson case ao I (S) Q. That's all I was getting to. (h A. i don't want to reproduce It again. (S) Q. You are relying upon the report p) and the explanation that you gave within ihe (io) Petarson case to describe your reaction topi) Mr. Wheeler's report as it existed in toe Peterson (i2> case and as It may exist in the Colby case. It (i3> doesn't yet but it may. Is that lair? (i4) A. Well, it doesn't exist and it is a factor, os) Ife(is) Q. It's not yet been written in the (it) Colby Colby v. Union Carbide NOTES UCC 075778 Wnem(i9> i. There's no report on toe Colby case. (is) A| About? (19) Qi By Mr. Wheeler. (20) A, Oh, by Mr. Wheeler. No. No. Thera wee (2t|) not I would like to eee that if there is. (22) o| Coming back to your figure of 3.8 (23) PPM. tois is what your calculation is for the (4) reasons you've expressed as to what the vinyl (2S> chloride monomer content in the atmosphere in the ; I Page 103 (i) bagging room is estimated to have been in toe I960efi) time frame. Is that fair? O) A| Thafa not fair. Thafa not what I showed (4) and Ife not what Wheeler showed either.[Neither (5) one is showing that Whet we're doing is showing a <e> particular modal applied to a particular eat of m aseumptione which |a - which aasumptiona fall into is) the big bel park of highly probable. However, I m i this even more. I could aay the no> i term waa ten times higher and the i was zero and instead of giving i parts per million end I would go 38 (is) million. I could even go 300 million. Do you have any support tor the ps) i thattoe ventilation of the room ought i magnified or toe lack of ventilation, if you (i7) put it that way. ought to be magnified by i no as tenfold? .Yea. What? pi) A. From the description of the witness, is going back to Mallko, Peterson, , (23) inducting Mrs. Cotoy's i of what her p4> husband looked he came home; there was no as> i in this room, if there had bean Paga 104 p) adequate ventilation in this room ha would not haW g> been sxpeasd. Ha would not have bean ooverd with m particle lines and not In the air suspended, at (4) cetera, at cetera. <s) Q. But you have fait comfortable in ts) adjusting ihe assumptions that Mr. Wheeler used as m y|ou have described to result in the 3.8 PPM numbdr? (S> Al Just to meeeags it to a direction that he a) did not look at to show how barometrically po> sensitive they ere. pi). Q. Was there a published TLV for VCM p2) in tois jime frame, i.e., 1981 to 1967? (t3) AL Yea. (u) d- Whose publication was it? PS) A. This wouM have been ACQIH. It waa either ip*) 50 or 500. I think It wee SO parts per P7) Q. ACQIH was putting out TLV* prior p) to OSHA which didn't exist as the time. Correct? (i9> A. Yea. (20) 0. OSHA came into existence around pi) 1972,1 believe, wtd then began to put out TLV? (22) A. They cal them TLVa. (23> Q. ACGIH continues today as an (24) organization, doss it not? (2s> A[.lt dose.* 1 Paga 105 I* it American - , American Congress of Government 1 <3) Hygisnlets. Let me return you to the p) temperature is it as imporant to know m toe tsmpefaura of toe particle at toe time of p) manufacture end that each time in-between before it m gets to its resting place it you recall at Pago ioo to Paga 105 no OTD m (9> order to determine whether or not residual vinyl (io) chloride monomar is bang leached out of. if that's oo the right phrase, during that antra continuum? (i2) A Temperature le one of several very <ia> Important variables that datarmlna how faat you can (uj atuta out entrapped monomar. Tha higher tha (is> tamparaitura tha taatar tha elution. lie) Q. You don't take issua with (i7) Mr. Wheeler's expressed concapt that from tha tima ns) of manufacture to the time of exposure at OTD VCM (is) was being eluted out of the PVC resin. Do you? (20) A. I take no exception with that. That pi) follow tha laws of physics. <22) Q. As a concept you agree with that? (23> A. Yea. a) Q. You have a concern in that regard ps> with hie calculations as to how much was being Page 106 (i) eluted out of tha PVC resin during that trip, if <2) you will, to OTD? <3> A. How much wee being eluted and what the (4) starting point wee. And also you have to (s) understand that In tha handling from tha point of (6) origin them la a lot of physical handling and you (7> can gat attrition lewas, you can gat particle state <a> reduction end that Iwcraaeee the surface area which p) atao affects the rate of elution. (io) Q. Do you know how tha material, tha (it) resins ware handled on the trip from point of <i$ manufacture in Texas City. Texas to point of origin <t3) which was OTD in Parth Amboy? (u) A. I have no details I do have details on (is) how they wore handled at OTD. (is) O. Lara say with tost for a (it> moment. How was it handled to OTD? no A. I have a photograph. o) Q. It was gravity fad? (20) A. Yea. kcame In a great big boxcar and k on was lifted up and physically dumped. (22) Q. It was tittsd? (23) A THted. 04) Q. The entire van box was placed up ps) on a cradle and fitted. Correct? (i) Page 107 (i) A. Right. Which to a ptece where you would m ttireet title attrition process to take plaoe and p> then you would inspect II again to the bagging w operation. (S> Q. lent it true that filers is very (8) IRtie attrition in the gravity fed concapt? (ri AI wouldn't aooapt that whhout data, m Q. Do you have data to suggest m otherwise? (io) A I have experience of handfcig s atide of aM (i D types under tide kind of oondMon and you do get (i2) particle flnas ad tha time. How much you'd have <i3) a run tha axportmora and do tha oatoulotiona but (i) It should be part of the data base when you express <is) particle states which l didn't find In the Wheeler n report. nr) Q. la there a leas abrasive method (is) of transport than gravity lead? (is) A Among tha maths da used by engineers fa <20) tha least abrasive. Pnsumatto conveyance would be pi) the highest but Vs atiH on ana and of the scale 92) being able to have the potential to cause attrition 93) baoeuaa k*a parttefsa In motion rubbing egafcnt 94) each other nibbing against ttta 0M00 of tin es> container and Pago 105 to Pago 110 Colby v. Union Cftoido NOTES UMnMftCI) gat 16 laat a second. Page 106 (t) Q. WHh regard to tha amount of 9) antappad VCM at tha point of manufacture at Texas 9) City. Texas am you familiar with any information w fiom tha materials you have seen that would stats 9) or indicate that Mr. Wheeler's calculations are 9) incorrect? (7) A Incorrect it not the word I would use. m There's nothing to* orrset about tha single 9) calculation that he dklaotaraak goes. 1 taka (io no exception to tha numbers plugging Into a steady (ii) rata material balenoo expression which ha bead. (12) Every sophomore In chemical engineering knows how ti3) to do that calculation. So that's not what i (14) Incorrect What le Incorrect, he has no knowledge (isj of what the raaldual free monomar Is in and (i6) ovary particle that Is shipped. Ha no generic (17) Information aa to It la on an average (is) The methods that ware used to analyze k <is) in the '60a ware only good to 50 pints par million 99 and queanenable. Ha has no concept about that 9D A ha knows Is that ha's given a number, an 9b average number, from someone else without checking 93) pa aright of that and hawing me In Me report 94) that he checked that ouL t find faufcakith this, ps) That's a deaeration - that's an Initial stats term (i) which le port of tha aaumptiona I changed in my (b simulation by raWng the number to show a higher a gonmation rate baceuae you have a higher starting (4) point And don't forget he's showing tin average 6) wkhouta standard deviation, la ha talking about m a wnn wwon oiont pm pw imion oy (7) weight or etandard deviation by 500 parte par m mMton? 1 don't have that figure either. 9) O- But you also don't have access to no) the reference documsnto ttnt he has placed in his (ii) reporttomwe were talking about before, 112) isierancas two, three and 83 which may contain such (is) information. (i4) AI cannot repeat to you what k says or dose (is) not say. I don't have k. I don't recall If I (is) have ever read IL Ife been a long time. (it) Q. But my question you don't have (tj access to it either. Do you? <19 A No, but I have eposes hors e reference that 99 says the range la 150 to 2,000 parts par mlon so 91> why la ha picking ago whan tha range is 2J0007 Tlha 9a worst case would be why didn't he pick 2,000 If he pi> admitted an answer of two that tha range could go 94) as high has 2,000. I would Me to know where that (2S) number le coming from. Pago 110 (i) Q. ITs fair lhan to say that you rj have a number of questions regarding tie 9) cataiaBone 9m you would tike further p) information an 5 R 1 evwiable in order lor m you to determine IT, 1, tie calculations were 9) done property or m A Yeah. The property. 9? They're on the pegs. Unfa 9) Q. Your concern le Ihe assumption (io) A The model kseti le wrong. Assumptions b (ii) tin model tint he used are rib O. Maybe (13) A Wtonginthe 1erne tint they're not (i4) oomprehenehre, they*'rennaolt osnaso, may UCC 075779 Cl' _______ don't (is) toko kilo account tnotftetoiw, jf mixes, they dent (is> toko kilo account the tact that a PVC resin call 117) partida that stilt haa entrapped monomer te highly |i) toxic as the Iras monomer itself and that's not in (i) his equation. <20) Q. To abbreviate that, you would pi) like an explanation to determine, which you've <22) never seen I assume from what you're saying, as to (23) more detail as to how the numbers were derived, why (2) the numbers were selected as they were when there's (25) a larger range that seams to be indicated. In Page ill (i) other words, the detailed explanation of that (2> A. And also I would like an explanation of why (3) hie simulation didn't go further and try to (4) correlate better with the higher number that the (S) Gollob Analytical Services ware producing in '74. p) Numbers are going up to three to ten to 20 parts (7) par million and he's going onty .9ft. That*a not (a) fak. The simulation model should have the capability of showing the high numbers as wail and (io> the reason ha cant do that is because his modal is ini not a detailed modal. (i2) Q. Weren't the Goilob numbers taken oaj from the warehoused area of OTD? (i4) A. That was one place. Also the bagging room, (is) They had harnesses put on operators and they (is) modeled them around In tho bagging room which was a nn vary Intelligent thing to do because that's the <io) breeding zone end those numbers were high. In (is) feet, I believe Schaffer wee one of those people ^20) who was going back ki tho early period. (21) Q. What determines the difference in (22) entrapped monomer in the three different PVC (23) resins? What are the factors that influence that? (2) A. it starts in the reactor. The method used, (25) whether it's a suspending or emulsifying agent or" ' Page 112 (i) not, the particle size and the porosity of the (2> particle end internal surface are*. P) Q. Did it follow, therefore, that w the smaller the partide the less porous the $) particle and the smaller internal surface area m transiatas in a lower amount of trapped VCM? (n A. Yea. m Q. And does the solution resin fit p) that description? Is that why it has the smallest (ioj amount of entrapped VCM? (i i) A. Yeah. In the vary next stage where they do (i2) the stripping It's In that stage where ail these (i3) factors come to play and you're able to atrip out <m> whatever residual monomer is left. It the parttete (is) la email has a high porosity, you can gat more ol (to ft out ki the vacuum stripping stage. Intact, (it) that la the case and that meenc that that la the (it) particle that you should probably ship exclusively (it) and stay away from those which you have difficulty m stripping. (2i> Q. Suspension PVC has the highest (22) content of entrapped VCM regardless ol the specific (23) number. Correct? Between the three of them it has (24) the highest by far? (25) A. That's correct Evan using Mr. Wheeler's Page 113 (i> number he puts Hat IS, 16, IS for bulk and lass (2> than one for solution. That saama rather dear. Cotoy v. Union Cartokte NOTES UCC 075780 Mmtrans(2l) (3) Q( Does suspension resin have a (4) reputation tor dustiness? Do you know? (5) A. R can. I don't know what Its reputation (6) is ki total but I can tall you from looking at the m microscopic pictures that they look Ilka piansajof <a> popcorn. R depends on tha history of tha physical p) handling also. (io) Q. Let's taka it at the limed (ii) manufacture (is) AJAndRo (i3) Q, When - (i4> AJ One other thing is the eWUng process that <is) determines tha separation at tha point of origin. <i*> There's a standard ASTM screening test for these nn partide fines, measure size that is used, and you <i) have to know details about tha efficiency ol that <io> screening, the separation to large particles from ffo) tha particle fines. Partida fines don't got mi separated out that easily. They 82) electrostatic and they tend to 1 everything (> including myself and 1 a particle which should *) not break 1 be carrying some unwanted smaller 1 with it which didn't fall through in Page 114 (t) screening process because of electrostatic 8) adhpaion. p> Q; Let's stay. Well coma to that <4) later. Let's stay with the subject at hand which <5) is looking at tha various PVC resins at tha time of m manufacture. At the lima of manufacture there has m been very liflla handling. If you wW, of tha (8) product. Right at that very moment At tho time (9) of manufacture there's virtually no handlkjg id (io creaks dust and linss. Is that correct? in) A. That's Incorrect (to Q; During tie manufacturing process (> itself(i4) A, In Texas. ns) Q[ Yea. ns) A. There's a lot of handling. |i7) Q. All right Do you know If one of (ia) the attractions of suspension PVC resin is the lack (is) of dustiness of the material? (20) A. R doesn't say that there's no dusting, pi) Qi I'm only asking you if it is 82) known to haws a lack of dustiness. 83) A. R has the least amount of dusting of those b4) present Yea.* * * 7 * * * (ii) 85) Q. Why is that? ! Page 115 (D A. Just tha physical nature of tha 8) Q. So of the three that we've talked p) about it's tha least likely to give off dust Can p> we put it that way? It's not to say that it does p) not I'm not Irnfang that, but tha least likely to m give off dust? (7) Ail would subaoribs to that, w Ql And which of ths others is tha m most likely k> give ofl dust? We're left with bulk (io) and solution. (ii) A, I don't know vrtthout checking tha rsfarskes <ia> on that which fa which order. I could gat k (i3) backwards. (i4> QlOkay. Back on page two RVCM says (i5) entrapped gaseous and/or dissolved (or absorbed) (is) residual VCM in a PVCR partida. is tha use of tha 417) word absorbed conocty or would k be adsorbed? 06) Airs realty adsorbed. (i> Qi AD now. Adsorbed that k dings <2o> to tho sides, does It not? Pag* 110 to Pag# 115 *ca (21) A. No. (22) Q. You Ml me (23) A. Adsorbed maans that Ifs adhering to the (24) outor aurfaoe. gs> Q. And absorbed meons? Pago llfl id A. With the B, absorbed mesne part of tho (2) potymor otrueturo Hko putting aaft tn water, tho (3) eeh moloculao ora dissolved In tho water (4) molecules. They Altogether. (5) Q. Put K a diflaront way for a m layman, would it bo whora tho oiement has (7) actually invaded tho partido and tho particles p) have boon absorbed almost like water into a sponge? (9) A. You C04JM describe It that way. Yea. (10) Q. I'm trying to gat tho picture (ii) hors. (12) A. Okay. (13) Q. What do you moan by dissolved in <i4) this particular definition at RVCM? d5) A. The same oe absorbed. (is) Q. Is vinyl chloride monomer listed (17) as a carcinogen, currently listed as a carcinogen [it) by either EPA or any OSHA or any other federal d) agency? (20) A. Yea. <2i> Q. Is polyvinyl chloride rosin also <22) listed as a carcinogen by any fadoral government (23) agency? (24) A. I've never aeon the resin dated. 125> Q. Carcinogens are listed by does, Page 117 (i) are they not darn one, two, at cetera, et cetera? <2) A. Correct. p) Q. What it VCM listed os? is that o w doss one carcinogen? (9) A. I'd have to review tho definition of m filstoss to tod you that (7) Q. There io a difference between 0 m known carcinogen and a suspected carcinogen, is p) there not? (10) A. Yea. (in Q. le VCM a known cardnogon? (12) A. Definitely. (13) Q. Is It a known cardnogon in both (u) animals and humans? (is) A. Yea. no Q. How many othar chardcala are <17) there that am listed as known carcinogens to both (i animals and humans, approodmeMy? (is) A. 1 couldn't begin to tad you. K'iim dynamic thing. It changes every day. (21) Q.Ae of the last time you might 03 have reviewed that information what was the number (23) approximately? 24) A. Years ago I looked d that and K erne over (25) 20 001 dent know where R le today. I have never Page life 0) aeon one dated that was taken oft the let though. <2) Q. Ones It's on tho list it stays p) and than then are added. Istf-tattwr? <4) A. Yea. <5) Q. Hava you determined m any of it) your review of documents and Information theft (7) been supplied to you that Mr. Colby was not exposed <s> to any of twee othar known cardnogons, both known m carcinogenic to bath animals and humane? In other (io) words, have you eliminated any of foots others (11) being pert of hie exposure history? (12) A. Watt, I've indicated that hie alcohol and (13) smoking problem are In Ida history. (i) Q. ThfcbYua You did. ls<is>dcohol Pbqb 115 to Pag* 121 Cotoy v. Union Carbide NOTES lick (in 1 don't know drank (i7> aM the (10 Q. However the Minww<22) kinds of alcohol ha has bean to (i) an A. I don't know. There's soma wines I know of gi) that eabsataa parades In them and I know 02) apedfleaJly that was shipped In PVC 00 that have taken out the monomer, 1 would have to k. eo Vs something a lot of 05) detail on. 119 (i) Q. This is anolhfer area where you and I am somewhat at a losk to know the rest of o> his history to know If toeri was anything site that (4) he was exposed to. Is tost fair? (0 A. That's fair. 40 Q. Whal is your understanding of foe m future of tha cancar that Mr. Cotoy contracted? to A. In looking at Dr. Qoodman's report k (9) appsare that what ha io saying, If I Interpret It (to) correctly, and this la strictly my engineering tit) determination, I'm not a 1 (i2) Me Initial aha may have bean In the kings and <10 than motaotaelzad to other organa. At least that's (u) what la referred, but I dent have any great (is) data*. I suspect you ask Dr. Goodman. (to Q. In Mine oflhe preparation of (17) your opinion, did It make adlfferenca to you as to no the nature of toe cancar when you were steering (19) the exposure history? an A. t doesn't ember to me what organ Is pi) attaofcsd first, whet the nature le wtti looped to an what olrgan la shewing up first The only thing pa) that la Important to me la what are the ways In 04) which It Invaded the body, got to tho body, gone to 00 the mouth, the eidn, qo to the breathing sons, got Page 120 (i) In Me nose. May or may not, dependfog on parttdo 0) etza, Into the bronchial was and than m emaler 1 Into the-these ora four things (4) to 1 I VIM 1 RDM ID pTDMfK to the medical g) 1 so they eon make an educated <6) of what actually . cdnicady happened. (7) Q. AH fight Y lob 1at it were waste provide that for Via medical p) sida so toot the medical or pert of Via team (io) could tien assets 1 Impact that lhat exposure (ii) would have upon Colby's (12) body (s body; in this case, Mr. fair? (13) A. Correct Aiio roooy poranQ out (14) 10 them how potantlally paMciaa with residual (is) monomer In ready Is and k doesn't have to be ns) Inhaled, k een be ingested, k eon Inhaled In (i7) the nootrtt, in the esophagus, attach to the akin (13 and there can bn ralaaaa of the monomer from those (it) sources whMn the body taking an And then I tadu bout the secondary pi> aepoauro; you bring l homo on your clothing, you pas am constantly caponed to tho chdad monomer In 03 your breathing sons to vorlous degrees of 03 Q. Going back to tha quosBnns(i) 1121 (i) involving listed carcinogens, is dgwaoe smoking 0) a Hstod< p) A. Wad, i says causa 44} oanear. 1 don't know d d ie, pair as, dotsd. I (3 am aware of aoma ot tha canoar eauatog agents that p) am part of Mgarotta UCC 075781 AO m Q. Are any of those listed as (a carcinogenic? (8) A. Yea. (10) Q. To both animate and humans? (11) A. Yes. (i3> Q. What elements of ogarette smoke <i3> are carcinogenic? (u) A. Probably cyclical compounds of benzopyrenea (is) and that family. (i6> Q. On page two of your report you o?) have a discussion regarding synergistic effects (iaj particularly as you know it between smoking and [ib) asbestos. (2o> A. Yes. (2D Q. Can you explain whai you mean In (22) mat first full paragraph when you talk about p3) strong synergistic effects between these exposures (24) in combination of occupational chemicals exposures ps) in respect to the chemical risk of iung cancer? Page 122 (1) A. Yea. TWe ia not my opinion ee a generic opinion. Thle I'm getting from reeding Dr. Irving p) Seiekoffa literature and Dr. Wagner's literature m that ia in my archives here. (5) Q. Joseph Wagner? (6) A. Yea, from The National Institute of Health. (7> Q, Whan I knew him I thought he was m wrthOSHA. m A. ft could be OSHA. These are two <io> authoritative people, two highly authoritative HD people, (f they're saying - Dr. Seletotf, that's (i2) Ms profession, that's whm he does. If he is (ia) saying that than I have to bring it out In my <u) aneiyeie because It's part of the expoaure picture. (is) Q. Was it* no A. ft*a In the parson's Watery and than you (i7) have the occupational exposure. ft appears to bo m analogous to what he's previously opined in <i9) esbsetoe exposure and cigarette smoking. I said <20) may wad be. (2i) Q. You must be reading my noise, cat That's a question that I have. (23) Didn't Dr. Seiekoff only know the p) synergistic effect between smoking and asbestos In g5) particular? * 2 * * (S) Page 123 <i) A. That's the one that I speeMoaUy have (2) read. Yes. 0) Q. Have you read in any other (4) IrtsraftJis any ofhar suggested synergistic aflact g) between smoking and a partaiar chemical other (S) than asbasloa? (7) A. Only Ms own statemartfs exactly Mm that (6) by analogy and ha aaM It with raapact to PVC and m the VCM monomer. do Q. Dr. Seiekoff did? (ii) A. Yaa, and eodMWagner. (i2> Q. Can you Mil from your documents (ia> as io what, if any, publication that was? (u) A. It's in hare. I can find IL ft may taka (is)aHttletfme. it was in Hke an EPA document ft (i) was a question and answer kind of thing. They warn (in both answering questions or being interviewed by a (iq reporter or something at e scientific meeting and (is) It was documented here as something published (20) Q. Did either Dr. Seiekoff or pi) Or. Wagner comment, to your knowledge, on any pact synergistic effect between alcohol and let's start (23) with asbestos? (2) AI haven't seen that Cotoy v. Union Carbids NOTES UCC 075782 _______ _________________________________ fcbwmgS) gs) (3. Have you eean any suggestion by 1 Page 124 (i) either of those two individuals as to a p) relationship between alcohol and PVC or VCM? O) A. I haven't seen that either. <4) Q. Are you aware of that suggestion is) of a synergistic effect between alcohol and PVC or ts> VCM from any other source? (7) A. No. Just with raapact to smoking, m Ql So that again explains why in t) this paragraph you talk about the fact toat there |io) may wfll be a link between alcohol consumption and (iif occupational chemical exposures. In other words, (ia> you're not saying there is. you're using 4ie word (is) may wall be based upon what you raed. (i4) A, Right I am aware that medical people wHt (is) be reviewing this report and I'm putting out in <is) that piece, and that's one place, an idea wMeh (ir> they should pursue and they should answer from a |i medical point of view. (is) Q. What did you mean in tftis (20) paragraph when you referred io Mr. Colby as `an pi) inveterate beer drinker"? (22) A. A habitual, according to Mrs. Colby's (23) deposition statements. (24) G|. Old you come to any conclusion on ps) your part as to how habituahhat was, i.a., how Page 125 (i) much did he drank? p) A* I think in the -I have to look at my p> notes but there was aome estimate, (don't have M w right offhand. P) Q. While yours looking Plough, m ant it fair that you've never seen the medical tn records from hospital admissions? (B) A. No. P) Q. I waa going to refer to that So (io) your only source of information was Mrs. Colby on no this subject? Oh A. Yaa. Thafs oorrect I don't have a (i3) number for thaL (i4) Q. That's right Whatever the (is) number was, you said that ha was a habitual bear (is) dnnkar is that far? 07) Ak Yaa. ns) Q. When you talk about the (19) correlations found far asbestos workers who smokad po in tvs paragraph you're referring to the Seiekoff pt) snide? (22) A. Yes. a.p3) Singular article? P4> A. There's more than one. There were several ps) that he wrote but- Page 120 (D Q. All on tie same subject? W A. Yee. m Q. Okay. w A. He waa. I believe, the IbaUiand. He and <5) Dr. Hammond was a oeftaottvs. I think both at p) Mount Sinai. (7) Q. Do you recall from the articles, <e> and I appreciate you don't have them with you, just m from your general know!edge of them, do you recall (io> how much smoking waa shown to create the (i n correlation? (12) A, I can't gfva you a prsclas number and I (is) doat want to gue--. (H) Q. It would in the article though in (iq ail likelihood? (is) A. Yeah, but my recollection is that a pack, (17) pat* and a had every day is in the baft park. (is> That's not light smoking. (is) Q. You say in the last part of tiis po) paragraph that, and I'll quote it Them is no pi) Pago 121 to Pag* 126 RCJ evidence that Cotoy was exposed to respirable (22) asbestos parteto in his workplace or elsewhere ps> but was definitely exposed to AVCM end PVCR at OTD p4) as discussed beiow.' 05) A. Yea. Page 127 ii) Q. Oo you recall from the Peterson case mat Mr. Peterson had asbestos exposure at the o) OTD facility? () A. I recollect that line of questioning but I (5> don't know where it's coming from. (6> Q. You don't recall (7) A. I don't know the source that he waa exposed (*> to at the facility if ha waa exposed. (9) Q. My recollection is that he was (io> involved with the changing of brake drums on the (ii) forklifts. oh A. H that's correct. (is) Q. I'm going by my memory now so I ru) don't want to mislead you. Does mat ring a bail (is) wrtto you as id that being the nature of me (iq exposure? d7) A. Wa'll And out I'm looking at my o) deposition. I don't know without going through it (is) Q. I don't moan to make this a p memory tost for you. pi) A. If there waa something strong In the data pa) base 1 would have remembered it I think my memory 03) Bays there wasn't anything strong. I ooukl be p4> wrong there. I don't want to guess. (25) Q. Afthough (read your deposition, Pago 128 (i) I don't have a specific reference to it Actually, 0) Or. Davidson, wtth the very able assistance ot Ms. p) Decker here she pointed me to page 71 of your (4> deposition in the Paterson deposition. 71. (9) There's a reference to asbestos. A A. 71? m Q. Yes. Starting around line 16. (a) A. Oh. Good. You have brake lining but d> where? (id Q. At OTD. (ii) A. Was it elsewhere? (i2) Q. No. I mink if you jump to page H3) 73, actually there's no - let's back up for a (i4) moment Since neither one of us have the Dr. Velez (is) deposition or the Henry Veiaz depositiondo) A. Top of 73 ho had some exposure to It (17) Q. Yes. lio) A. Okay. Fine. (it) Q. Down the middle of that page it pa> talks about repairing brake lines. So it least to pij the extant from the Petsreon c-- there was an gsj indication that there may waN have been asbaetoe ps) exposure to Mr. Petsreon. In fact there probably (24) was. You dont know whtohar or not Mr. Colby had es* simler axparianesa to OTP. You have not seen (i) * * * 5 Page 129 (i) anything that would suggest one way or the other p) that he did or didn't have exposure to asbestos. O) A. Correct W Q. At OTD? (5) A. Yeah. () Q. You don't have any knowladga that m he was exposed to asbestos at any time. Do you? <s> A. No. d) Q. Okay. Left talk about (icq synergistic effect lor just a moment, if we may. (ii)By synergistic effect between two chemicals. (12) Pag* 126 to Pag* 131 Colby y. Union Cartokto NOTES UMMI04) eager moke and Asbestos, tor axsmpie, do you <1* mean aay matthare a a more rapid onset of a (i4> particular end result or that something is more osi likely to occur? Justwhat you do you mean or 4hat (ie> did Dr. Saiakofr mean by synergistic effect? ii7) A. He woe very spaeMe what he meant and It's <i8) my understanding and la what I subscribe to because n^* to in with chemical enginaaring principles. (20) Apparently rlga|rette smoking and, for that pi) matter, other chemicals that may be kihalsd that p2) are dehydrating types like solvents, de tatting o3) agents and ---- smoking does effect the p4> defense mechanisms according to the medical 05) Btaratura In atortinatlng particle Unas in tha Page 130 (D mucous membrane area, and H this is dm caaa, and p) also deep Into the alveoli and bronchia whara you b are weakening the lunga* defense mechanisms to (4) eliminate parttclaa, particle tinea la where the p) aynergiam la coming from according to the mstocal m profeeeioi i which, therefore, make It easier and m pratu My at lower eoneentratlona for any toxic m material or cawcar causing material to do damage p> sarMsr and et a towel concentration H you happen (to) to be an inveterate smoker. That's rs (id saying (i2) Q. Somewhere I has said. it waa in (is) your report and I don't It offhand, I thought <u) lharowasaquick synergism (i5)totoa kntsnnaof that It increases the Nkalttood (iq of a andraaidtor increases toe risk of ii that and result dh A. The risk. Yeah. Swe. That explain* s - (is) ootdd explain - weS, soma people H they're heavy 00) emokere dont need a lot at exposure whereas people pi) who arent heavy smokers, uthaiwlaa vary healthy, an need longer exposure and there's even some people 03) who gat exposed and never get cancer >o. J 04) Q. Both nonsmokars and smokers? (25) A. Yea. There's a hereditary factor. I Page 131 ii) about ft. A Q. That's tha medical side. Right? P) A. Yea. (4) Q. Okay. At the bottom of page two, 0) the last paragraph, toera's a lafwanca - there's m to least a suggestion lhat Mr. Colby, and other m workers Aka him I suppose, but let's stay with Mr. (8) Colby; absorbed AVCM through the skin. Is toere p) Rtortoure to support toe proposition that VCM can no) be absorbed through tha sidn? (it) A. I don't know about the Rsrature but from (i2) a chemical enginaaring point ot view wo have an (is) Intarpfriaaa that la porous and Mvtng and ws have (14) VCM wNoh has a double bond and k seedy bonds to <is) proteins. You have to have absorption at that Oh point. d7) Q. So your concfi monk that you (i would have absorption thrombi the skin bassdonoo stondarda, chemical principles? po) A. Yea. And II would, M tha akin ware pi) scratched, H you had scratches of open wounds ol g2) any type where you might hove Mood or nsnoly fonaed ps) aldn which doesn't hove a Mg dslsnae moohaniam, p4) would be 1 stool akin absorption. gs) PI--w. for exantplo, is readily absorbed UCC 075783 HO Page 132 id through the akin and ia probably aa Hkety to bo a (3> invader into your body there aa through inhalation, oi Phenol, for example, but we're not talking about w phenol. I gave you an example of a chemical which < readily absorbs. Notorious for that. it) 0. If the skin were, in fact, with a (n PVC ream that had already eluted out all erf its <s) entrapped monomer that would not be a danger. (9) Would it? (10) A. It would have a very low order of danger n u providing it's not sitting on an open wound. Then |i2) I don't know even then. I will be highly suspect <i3> that It would causa an injury. We thought asbestos p*> was supposed to be Inert. PVC Is supposed to be (is) inert. We found that there's geometric <i> Q. So I'll adopt that as part of my nr) hypothetical that it's nert sitting on an opan <i) wound. In that situation, putting aside what other (is) effect there may be from the PVC reeling on the ecu skm. there's at least not a danger of absorption (2>) of VCM through the skin. It may be an irritant, it (22) may causa a rash. I'm not talking about pa) A. It can't have any VC (24) Q. That's right That's right Can es) the PVC act as an irritant on the skin to cause a Page 133 (1) rash or something seen without these entrapped VCM? (2) A. Of course of the allergic reaction. (3) Q. I donl mean that to exclude - (4) I'm asking if the absorption through the skin wouid is) only refer to entrapped VCM. m A. It's the VCM that is the culprit there. (h Q. Okay. Okay. Now, is it fair tom conclude working backwards that that position that <9> the lower the amount of entrapped VCM at the time (io) that the PVC resin is in contact with the skin the (i n less danger there is that it can be absorbed (12) through the skin? (ia) A. That's true. The potential la driven by (14) the concentration radiant, ns) Q. All right. All right When you (i speak on page three of your report about airborne (i7) suspension lime, it appears in the middle of the (is) top paragraph, could you tall me, pleats, why (19) airborne suspension time is a factor in . your (20) opinion? What role does k play? (2D A. Oh. That Just lingers around In the (22) breathing zone and the expoeure zone that much (23) longer. You don't want the particle flnee In the (24) air. You oanl avoid K with the trlboeletroatatlc gs) chargee. They rape! each other and they tend to(i) * * * * * 7 * * * 11 Pago 134 (i) gat suspended longer. CD Q. Is the reason they're suspended longer because the mboeiectroetaflc charge builds (4) up* <s) A, That's one and there's air turbulence. P) Q. It doesn't settle. (7) A. Correct And the shape factor of the 0) particle would have a bearing on h. C9) Q. Okay. Lets taka a moment Some no of this now is getting io some of these things ws (11) already talked about It will be faster If I go <i2) through the remainder of my outline now. (is) (Whereupon a rlieri inn is (u> held off the record.) (is) Q. On page three in particular of (is) your report you talk hare in some detail about (in thermal decomposition fumes. We have been through (is) this issue not only a little bit today Cotoy v. Union Carbida NOTES ucc 075784 ________________________ Mnwmfla) but also in n) some detail in Peterson so I don't want to fepeat (20> ail of that but I did have a few new thoughts in i) ttus regard. (22) Aetume that ihere were no PVC resins on the (23> heat sealing equipment at tha time the flap is <2f> sealed on the bag. which is how the process works (25) as I remember. With that assumption, what fumes Page 135 (i) would be given off by the heat sealing equipment? (2) Do you understand my question? 0) A Sure. K) Q. piminale any PVC resin from die <s) heat (6) A. touching any hot surface there wouldn't be m any PVC problem. There may be a problem from the m glue. (9) Q. Do you know what the glue was (io) made of? (ii) A.ta>. <i2) Q. When you talk in your report (i3) about thermal decomposition fumes you are assuming ii*) rhat there was PVC resin precam at the time the (is) heat was applied and everything you have given us (is) in the way of an opinion flows from that nr> assumption. Does it not? (is) A. It more assumes the tacts In the case from (19) the description of all the witnesses going beck to (2o> T9 is that from the beg break open, they can break (2i) open In most anyplace, and sometimes on the heat tzs) sealing machine. If it happens right there you (23) have copious amounts of dust on hot surfaces, then (24) you have the suspension in the - from the sir from casj thsss bags toughing the surfaces. Page 136 (i) When I wee at my Inspection, which was a cp dowrj time for the facility whers they deanep It p) up, I looked very careful. I wear a white Move (4) when I look around and I aaw in every srevtoe el (sj over the building, in the packing room. In the heat (S) eeaUng room, every place; etid white powder they m couldn't Mean up. K waa everywhere. Tha powdery is) nature Wee the rule, not the exception. Bags broke (^ open every day. And eo tha premise In your (io) assumption, although I understand It and I (ii) answered, It is falsa. You do havs particled on <is) the hot surfaces moat of time. (13) Q. What .I'm trying to establish is (i4) that whan you talk about thermal decomposition (is) within your report you're starting with the (i> proposition that there was PVC main present on die (i7) heat source. (is) A. And glue. (is) Q. And glue. Now, vtfty does the glue (20) become important in that consideration but not (2i) important if it vrara tie glue only that was being ps) heated by dm source? (23) A. 1 didn't say that (24) Q l would (25) A. I don't knew the gonerio glue but I've seen Page 137 (i) tills in tha literature that that la a suspect source of additional toxic fumes. O) Q. What kimss would that be In the (4) absence of PVC? P) A. It depends on what kind of glue It Is. It m k*e an epoxy you can gat all kinds. I couldn't (7) bsgki to tea you the exposure you would get from o the decomposition. Depends on the glue, but you do p) gat more fueiee from the glue. (iq 0. You mentioned hydrogen chloride (i t> as Pago 132 to Pag* 137 no______________________________ _________ being orw of the fumes mat is given off when f heat * applied to PVC mein. (13) A. Ife one of the major fumes. (14) Q. Can hydrogen chloride be given (is) off when the glue only is being heated in the (iq absence of PVC recin? <i7) A. Only if the glue eontaine a chlorinated n) hydrocarbon compound. 09) Q. You dont Know that Now, ispg hydrogen chloride toxic? * (2i) A If* an add. (2% Q. Ooae that mean that it's a pa) preliminary irritant? (24) A. S's an Irritant of every pert ot your (2S) body. Rret piece you cense it la in your throat Page 138 (D and In your noee and then In your pulmonary system, p> Hydrochloric add is whstthsHCI- (3) Q. Is it a(4> A. Encountered water you gat hydroehlorle (5) add. m Q. la It a carcinogen? (7) A. I don't know. (a) Q. When you say in this paragraph on p> page three, The lumas were composed of, but not (iQ limited to, hydrogen chloride, AVCM, some vinyl (n> acetate, a little benzene, and a cacophony of (iq leaser amounts of different hydrocarbon compounds*, (is) what you are referiinQ in this sentence is the (i4> primary fumes that ware given off from the heat (iq sealing equipment whan you list tham in particular? (iq A. In the presence of PVC rsalna. Yea. (i7> Q. Yea. When you say but not (iq limitad to in that aantanca do you maan that mare (is) are othars but that you can't identify them or are pq they at such a trace amount that they're not pi) importontlor consideration? p2) A. Both. M fact, QoNob in Me report also (23) aHudad to this and whan hecBdMsQC ndyala p4) they actuary saw SO peaks of SO other compounds ps] unidentified thet were present In there in the Page 138 (D breathing zone of operators along with the ones he p) did identify, namely, the VCM. So he agrees also <a> he found or experimenteSy what I aaM here, and of m eourae the Hterature shows this di over the m place. (s) Q. is vinyl acetate a by-product of (7) me thermai decomposition of the PVC resin? m A. Yea, in and of Rsdt or a oopolymar PVC rnredn. (iq Q. Is the same trus for banzana? di) A. Banzana istormsd or raccaiblned In tha (i2) decomposition process, oomaa elf as benzene la. (ia) Banzana doaan*t have to be pert of the compound to (i4) be formed. R*s formed - the ring structure la <iq formed in the thermal decomposition, it has bean pq measured half a part par mien range ta a. part (it) par million range in tha Ssniiw under hq scientifically uontroHed eondMona. HQ Q. Whan you say it's bean measured pq at that rangs do you mean upon the msrmsi pi) decomposition of P2) A. PVC resin. pq Q. By ms way, does It make a pq difference which type of PVC ream we re talking ps) about herein terms of thermal decomposition? Page 140 (i) A. Not so any great extant The fingerprint p> would be. There would be an overlap. You would p> got HCt In both cases, benzene In both cacao, you iq would get the Pag* 137 to Paga 142 Cott>y y. Union Carbida NOTES MMw(2Q mm r in both <s) trs the small alementB that <q would chanaa. (7) A Would chanda. Yea. IQ Q. Why would that be so? P) A. The time it spends on the hot element, the (to) amount of heat flux that ean be transferred to the nj) element based on the size of the particle. (i2) Q. As a layman I would have thought (i3> that tha femes you get upon thermal decomposition (iq of a ream like this would depend upon what tha <is) resin Mastf was composed of. Are you suggesting (iq that mat's not so? d7) A. No. Tm sugi testing that it ths resin <is) contains as one of t s oorepunenia monocMortds (is) m mompr It ooufct have other things In IL You're pq going to have some overlap. You' -e going to gat pi) HCIN there's e chloride si 4 hydrocarbon Is ps> present You got -] ou can gat monomer or add <23) whan there' i oxygen present Oxygen is always c* > present R*e the smaller concentrations that mi ps> vary but don't forget there would btse SCO to 100 of 141 m though eaach one may be half a part per mHBBon. mat adds up toe lot That component la p) still e eizeebls component If you add them as up. (4) Q. When you ha va thermal p) decomposition of e pVc resin particle, lore )uet (Q take e partde for simplicity's sake, it vinyl m ertohde monomer one of the by-products of that (q that is given off? m A It can oom* two ways. Roan oome by (iq simply unzipping the polymer to get R or the (ii) entrapped free monomer comae right off beeauee of on tha thermal activation. (iq Q. Are you indiraw tiat the by-products upon i of any studies that (i) ' VCM le one of ms (is) decomposition of PVC (iq ream? (i7> A Yea. If (iq you change said thet In tha report temperature you sluts more. As you (is) raising temperature you're thermal pq You're eluting by thermal PD the entrapped You're tonrsaelng Rs p2) dWfudcn chaiactertsttoa. R doesn't have to be p3) emoldng In e flame to he thermally(i) pq Q. We're talking here about die heat ps> In tie OTP fadPty. When we tdk about Page 142 (i) thermal deoompos don that's what we're talking p) about len" It? P) A I'm referring to InBrnete conted wRh the w heeled surteo i that la In excess of the ooupie (5) hundred digress centigrade, m Q.1>wonly surf ice of that sort (7> that you're aware of is tha hast seeling equipment p) In die begging room. Is mm right? p) A No. There's testimony also, If you reeaR, (iq to woldbig In and around these arses as machinery n) hoe to be fixed, some spot welding, and N there's tis> duet particles around or N a weldor has to wufc(is) through e duty floor and areothoooportlcloo ore (u) wRh him and ho duots Mo clothes off. Thoo* (is) portidoo getting anywhere Bices to the ere of a (iq welding torch or e flare of an aostylene torch (it) you're going to get a (iq O. ftw, So whan you talk about (is) UCC 075785 RCI thermal deoompo6rtion you're talking Suuut two (20) situations with, one, the heat sealing equipment in (2ij the baggmg room and the second, any welding that (22) might be dona in the facility itself. Correct? (23) A. The prior would be tha first and tha 120 secondary would be the second one. (2S) Q. So we understand our terms, Page 143 (1) you're not referring, when you use the phrase (2) thermal decomposit)on. you're not referring to P) either the ambient temperature surrounding a (4) particle of PVC or as I think you referred to it (5) earlier, the internal temperature of the PVC resin, (6) does not qualify as thermal decomposition. (h A. Correct That's correct (8) Q. With regard to the welding, are m welding fumes toxic in the absence of PVC resins? (10) A. Yes. (11) Q. Do you know the nature of the <i2) toxicity and the by-products of the heat created by (is) the welding? Ii4) A. Yes. [is) Q. What is the nature of Ihe (ie> toxicity? Start with that first ii7) A. Well, depends what you're welding. (is) Q. Not the materia) you're welding (i9) blit what you're using to weld it (20) A. Yes. (2d Q. What kind of 122) A. How much is chromium Is there In zinc? 123) Q. Are there carcinogenic materials (24> in those by-products from welding? (25) A. Coukf be if there's things Uke barium Page 144 (1) present Heavy metals. (2) Q. And again we don't know as to p) whether or not in Mr. Colby's case he was either (4) welding or exposed to welding fumes during his (s> position at OTD. Is that correct? (6) A. When there was welding in these areas that m he was supervising and If he was In those areas he (8> would be simHsrfy exposed to those fumes as weft (9) Q. But we dont know that That's a (io) supposition on your part and mine as to whether or in) not he was exposed to anything like that <i2) A. Correct. (is) Q. When PVC resin is not present in) during the welding operation what are Ihe (is> by-products of the welding operation in terms of (is) fumes? (17) A. Are you excluding atmospheric VCM? (is) Q. Yes. (19) A. Okay. It could be metal fumes of a large <20) variety depending whafs being welded. i2i) Q. So we're back to the same issue. (22) A. Yes. Yes. (23) Q. Perhaps I mis (24) A. Oxides, oxides of nitrogen. Nitrous oxide. (23) Q. All right Now, let's assume (i) Page 145 (i) that the welding occurs in the presence of PVC (2) resin or vinyl chloride monomer in tfre atmosphere, p) What is the by-product of the welding operation in (4) terms of fumes? <s) A. Predominantly the major fumes would be from (6) the welding Itself. <7) Q. Would you have hydrogen chloride m present again due to the presence of heat and PVC (9> resin? Colby v. Union Carbide NOTES UCC 075786 MWWM(27) (io) A. M the PVC reaina ware preeent, yee. no Q. Ths question deals <i2) A. H you would you would hava to odd to tire ii3) toxicity of thoaa lumas by making it more aeatle. (i4> Q. What s tha difference between a (is> homopolymer and a copolymer, if I got the terms (16) Correct? I'm referring to page three of your (17) report, third paragraph. (is) A. Yes. Yeah. Copolymer is the mixing or (is) Mending of two different polymers starting from (20) two different monomers. A homopolymer is a polymer an made up in chains of the same monomer. (22> Q. The three types of reeins, PVC (23) resine that were shipped to OTD In ihe '60s, (24) suspension, bulk and solution; were they all either gs) homo, poly or copolymer? Page 146 (i) A. Yes. The suspension was predominantly p) homo. The solution one is the one that will be p) more likely to be a copolymer. (4> Q. And bulk is more likely to be is) what? (8> A. Homo. And the same with emulsion but that (7) wasn't - (8> Q. Emulsion you understand to be the m fourth major PV <i0) A. Yee. (11) Q. Manufactured by Carbide at the <12) time but not shipped to OTD. (13) Au According to their representation, yes. (14) Q. And you've accepted that. You (is> have no information to suggest to the(16) A. 1 have no problem with that (17) Q. Does the fact that a PVC resin (is) either homopdymer or copolymer impact upon the <i9) nature of its toxicity? so) A. Yea. (21) a. In what fashion? (22) A. If they both have VCM as a starting block (23) then they both have similar toxicity with respect (24) to VCM. But the copolymer has In addition another (2S) chemical specie, vinyl soetete or whatever It might . Page 147 id be. It would add to the toxicity. P) 0. What determines if a resin is a p) copolymer or a homopoiymer? For example, why in [4) the situation of solution resin might there be I p) think you said vinyl acetate as the copolymer? (6) A. Yeah. (7) Q. Is that ttte'nature of the (8) beast*? Is it Indigenous to the product or is m there - does some chemical process have to occur <io> to create a copolymer as compared to homopoiymer? (ii) A. The tetter. Ife indigenous, Inherent ot (12) the two chemicals combining with themselves to make (i3) a copolymer in some complex way in solution In the (i> reactor. (is) Q. At the time of manufacture? <i) A. At the time of manufacture in the rsector (in vessel. (it) Q. All right And thereafter It (19) retains its oopoiymer nature once - In other (20> words, once the reaction has occurred and there is <2i> a copolymer of vinyl chloride monomer and vinyl (22) acetate that remains with the resine for the reet <23Q of Its ttte or until such time as ifs leached out (24) perhaps? g5) A. Yes. Page 148 m Q. So the Iasi thing la it wttl remain there K until euch time, if ever, that it p) leaches out? Pago 142 to Pago 146 rci__________________________ <4> A. Ye*. You may add thing*, ootoring gone* ip for the downstream user, but at tho point oi m distribution (to OTD tho onowor io yaa. (7> Q. On paga throe towards the bottom (p of tho third paragraph there is a reference to <p chemically producing oxychlorinatton of the (ioj ethylene. We're tabling now about I would nn imagine, polyethylene at this point Let me see tf (ie) I can find that Five lines up from the bottom, ns) Starting in the middle of the sentence "the <i4) potential to chemically produce come (is) oxychtortnaOon of the ethylene would* i assume the n6) word is exist Going back to the lull sentence rt (ir> talks about a source of heat Maybe I should read (is> the whole sentence. Sony. <ip 'Should atmospheric ethylene, released from m its polymer resin, encounter hydrogen chloride at <21) or near a source of heat (a.g. in excess of around (22> 300 degrees f at the PVCR heat sealing machines or (23) welding machines), the potential to chemically (24) produce some oxycWorinabon of the ethylene would (2S) exist* Page 149 (i) What is the significance of oxychtorinaflon (2) of toe ethylene? O) A. Okay. TMa is something that was revealed (4) to myeeif in the study of the chemistry which I (5) kind of overlooked previously. I stiM don't <e> consider K e major source. The major source Is m the Mutton of the residual free monomer in and of (t) Heed. However <9) Q. Excuse me one second. The (ip monomer as in PVC or (ii) A.YeahS) Q. Or poiyethylana? (13) A. No. Mo. PVC. (i) Q. Tho major source meaning major ns) source of toxic exposure to Mr. (in A. Cancer causing exposure. Since on pmOahVitJofhfianMjfVowinni --W--mm-- mOM ^II --mnmUV---w--U--n-^B m time (is) frame and since ethylene monomer can be Muted just (is> tevinyfchloride monomer from polyethylene resin go) you have, to soma extant, afthough I have not seen pi) a measurement - Qottob waanl looking for b or (22) wasn't asked to look tor ft. Just baaed on the ps) physios and the chemistry you get some ethylene In o) the air from these polyethylene pflto or psttsts, 0S) you have thermal activation of PVC In tho Paga 150 <i) of air, you have the ctaaefo oaychloilnatton g) reoettone taking place. The only thing missing to w make I ready residual lea copper cataiyat but It () would go on ha own with a oopper cetalyet making m ft go faster. Whet you have le athrae atap m raoottort; And I got this from SaovetnMfs booh, ff) 1969, but he's referring dating going about 20, 30 ) years. Title la an old way of making VCM. Oxygen p> raoetten to HCf wttteh chlorine gas wIM react with (io) the ethytens to prOOUM OMINOfOSOiyiini WTOOn (11) mmemry qqis opoofnpoMQ nhu vvvi who HCI end ns that right at the hot ourfaoa* your own factory for (it) producing more VCM. 04) Q. Because toe extra VCM, aa you (ip refer to it in this report, ia being created by (ip Me oxychiorinabon process? 07) A. Correot (ip Q. Do you have any information op within all toe mstariait supplied to you, not only pa, in Pag* 148 to Pago 153 Colby v. Union Carbide NOTES Mrtmw(2>) toe- case, but in blhar litigations su invoivig OTD that you've been associated with any ga> Infomriwion to indicate a level of ethylene monomer j) that was being given off in to# bagging operation p*) at OTD? (25) A. No. page 151 (D Q. Do you have any cakaiaflons that g) would assist you in determining how much, if arty, p) etoytana monomar was being given ofl in toe bagging (4)< (S) A. I have not <p Q-All right Am] therefore m making some form of an i fact tost potyethytene' (B) facility? basad upon them being begged at the HO A. Yaa. (ii) Q. Okay. What is your understanding (ia) as to toe nature of the form, toat is of to* (i3) polyethylene, toat was. being bagged at toe OTD (i4) facility in 1960s? I (ip A. Pallets and pjfBa. By that you mean the (ip asms thing? (in O. Yea. (ip A. Yaa. (is) Q. As compared to resin? pc) A. Waft, a main - pi) Q. ITs a compressed rewn. P2) A. Correct p3) Q. Have you aver examined either a p*) pellet or a prill of polyethylene toat was bagged 05> at the OTDtedIHy in toe 1960a? 0) A. Yaa. Ts 152 Q. When did you Id0 that? 0) A. 79. 1 IP Q. As part of to* MaUko case? <p A Yee. 1 had a Jar of ft and 1 photographs of ft afl over die floor In the (7) : breaking open. hr* i ft m on the floor! Q. Would you classify a paUat as (icq being soft or held? HD A. ft*e not aofl arid It's net hard. (ip Q. So it's a degne^ of - (is) A. re eoftd but i (i4) Q. Is it your view toattoe petiet (is) in some fashion decomposed through handling? (ip A. Yea. (i7) Q. Or had parts break off? np A. ft could. up Q. Is there any otter source tor it po) breaking off or as you understand the pi) operation at pp A. Sure. Hie -In the i you 03) do ere P4) 0. Let me torn. I'm pp talking about the actual of the product, (i) simlar to wltot you've deecribed in the handling of 0} toe PVC mein wham you have expressed yourself <p with toe opinion toat k breaks off, B crcatae a dusting situation, at analysis Into toe | equation, when you l i that same type of m side of the pellet what m to toe handling atthe OTD i to become duet or i smaller particle - toat would (p cause it or decompose into m dp ft flier the final handing. the physkiel <ii) nibbing. tip Q. On* pellet rubbing against the (ip otter? OP a* woiHmni p non OP Q. Based on your rtew of toe pellet (ip toat you had or peNeto toat You had in hand and (it) able to inspect in the IPs 1970s, did you com* to UCC 075787 RGt ns) that conclusion? (i9) A. There was dust inside the glass bottle. iso) Q. Of the sample boats that you pnhad? (22) A. Correct But that's not what Is causing (23) the ethylene to come out It comes out on Its own. (24) Q. in other words, it elutes out? 125) A. Just Hke the VCM. It's a does cousin to Page 154 (i) VCM. 12) Q. Do you have any calculations o) based upon literature or experience that would *> indicate how much ethylene monomer leaches out of (s> or elutes out of the pellet? (6) A. Haven't Been any data. (h Q. Do you have anything to suggest p) that at what rate it would elute? (9) A. No data. (10) Q. With regard to the polystyrene. (ii) was that in pellet term or powder form? (12) A. Pellet (13) Q Similar to the composition of the (H) pellets of the polyethylene pellets? ns) A. Yea. (is) Q. Is it your view that it also <i7) could decompose through handling as just described? (is) A. Yes. And h also elutee its monomer, the (i9) styrene monomer, the same way and K could be the (20 heat activated either heat sealing beg in the (2i presence of arc welding, acetylene torch welding. (22) Q. But as with polyethylene I take (23) it you donl have calculations or information to (24) indicate what levels of styrene monomer was being (25) leached out at the OTD facility in the mid 1960a. (i) * * * * * 7 Page 155 (i) A. Correct (2> Q. On page tour of the first full p) paragraph you state that The scientific literature (4> generally cautions users of PEL'S in toe study of (5) occupational carcinogenesis to be conservative when (6) a multiple of toxic agents, other than the culprit (7) carcinogen, are concurrently present to the (6) workplace exposure pool.1 m Is that intended to be a general statement (io as to what literature to the main supports or do ii i) you have particuJar literature in mind that (i2) cautions users in this way? 03) A. Actually, that whole sentence should be in (u) quotes because I Hated the! from a NIOSH or EPA or <is) a NIOSH document which I have here someplace, (is) Slightly paraphrased but Ifs 90 peroent tteraL <it> It's not my opinion. Ifa the optoion of the im scientific people working in the field. And Ifs (is) also my experience In working wtth Lateshars's poj (phonetic) principles, which la a mathematical pi) principle used by toxicologists throughout the p2) field. The formula Itself says that So that p3) statement is accurate end applicable. (24) Q. When you say you have Ihe formula psj right here to front of you you're looking at your Raga 150 (i> report? P) A. Yea. p) Q. Whafs the formula? K) A. Okay. (5> Q. Here? 16) A. Yea. (7) Q. You wrote it on your version of {*) the report. p) A. Yes. Yea. Colby v. Union Cortokie NOTES UCC 075788 Mvrtms09) no) Q. Would you compare, kind of in) translate that formula for the record? Baftsusa I m (i2) not going to try. d3) A. It simply says that as a start approximate <u) that this parson goes back to 1900, thlo formula (is) goes back to 1900. Ifa staled In every toxicology (is) engineering, quantitative toxicology book. Ifa to (in Sex's book we referenced before. (is) We use It as a flrat estimate of the <i9) combination of ail effects of multiple toxic po> elements and Ifa a formula that adds them up in a pi) weighted average to show the total effect. And you p have to know the fraction in the breathing sons of p3) each component and you have to know the individual p4> PEL of the component end from that you plug it into ps) this formula. You gat out the average effective Page 157 (i) PEL of the mixture which ie always greater than any pi individual. And Ifa a first estimate and tt'a (3) Instructive and ifs bean used. It's quits a ML (4) Ifa a standard kind of formula and that that <5> sentence is simply another way to say that (6) Q. Weil, later to this paragraph you (7) talk about synergistic effects again. Is this <a) sentence that we've been talking about to soma way p) instructive on the whole issue of synergism? <io) A. Yea. This - that sentence and the formula (i i> are one of the same thing. Doesn't really address (i2) synergism. R addresses addhlvs affects of <i3) muklpla exposures. (U) Q. So you can have additive affects <i$) of working with more or placing a combination, more (iq than one chemical, and on lop of that you could <i7) have a synergistic effect as we talked about <isi before? Ii9> A. Exactly. In other words, H you're smoking po but not smoking at the time you're inhaling the pi) carcinogen, say two carcinogens, some of the two p2) carcinogens wM follow this addRIva thing but ps) than tha synergism comas from the smoking. They p4) both aynorgisticaUy behave In a way where tha sum ps) la greater than tha Individual components. Page 158 (i) Q. R was this paragraph, p) Dr. Davidson, that I had in mind earlier today whan p) I said to you somewhere within your report there (4) seems to be a very easy way to describe synergism (5) and I couktotlind it and I recall ifs hare. You say to ths middle of this paragraph with regard to (7> synergism effects the following. The idea is that n these effects would facHttata foe carcinogenic p> action of tha VCM.' do A. Yes. (ii) Q, Give ms a definition of <i2) fadUtato to that santance, please. (i3) A. Yea. Taking tha ease smoking, as I <m> indicated eecordtog to Dr. Salakoff and others, <is) tNe reduces the body's natural dafenee mechaniam (is against tcodne of all types including carctoogana (i7) and, therefore, tha poaalbllRy exists where lower (iq concentrations over Mwrtar periods of time ean (io> give you as dramatic effect as higher po) concentrations over long periods of time or even pi> lower concentrations over longer perioda of time. 0Q There why In eebeetoeie eases. I've reviewed this p3) aittanaivsfy, I found one that had exposure lor Page 153 to Pag* 158 RCl as (34) Uttte u six months in South Africa, cams down (2S) with mseothsMcma, 12 yssr old, gorng all ths way _______________ Page 159 (i) 20 to 30 years gestation period depending on ths (2) nature of ths whether they smoko or dent smoke; o) concentrations so forth. Al those factors you can (4) got wide ranges of possibilities so you can never <s) aay that one minute exposure la not dangerous. It <8) could be highly dangerous, (h Q. In general based upon those (8) prinaptss would you say that the heavier a smoker p) someone is, by that l mean the more cigaraoaa on a <io> daily basis, toe mors likely it is that ffie (i t) synergistic effect of that with a particular (ij) chemical might cause a cancer to come earlier <i3) rather lhan later? (u) A. It certainly could explain that But, (is) again, you're getting vary picas, if not In a (i6) medical situation, asking me to give you msdioal (i7) expertise. (is) Q. Ill taka it up with the proper (is) medical psopie here within the case but - po) A. That's a good question. I don't have the gi) precise answer. I don't rule out any combination (32) of dose, response, duration. (23) Q. But you certainty don't disagree (24) with my logic that the more someone smokes, sinca os) that is their main element of synergistic effects, Page 160 (i) the more licaty it is that the cancar, if them is to be one, would come earlier. P) A. N you take out of your - out of your w V^IBDOVl MMTBEvQ (5) Q. Or add into the equation those *> other factors. (h A. Exactly. Exactly. So, you know, In and of p) itself there's a correlation. Don't forgot, n there's many other factors ae we al know. (io) Q. Back to the medical report of <n>0. Araback, A-r-o-b-a-c-k. that you rafsnad to on (i2) page four, I realtza you said earlier that you have (13) never reviewed it; did I understand you afao to say (14) that you have never received itas wall? (15) A. I ooukf have received IL i don't reeaft. (is) Q. IVa never seen it (i7) A. That's two of us. (is) O. Okay. (i9) MR. HOLUNGSHEAD: But in (20) that case Mr. Levinson and I will go oyer pi) whether that's available. (23) Q. But in any event, you've rwt pa) seen It nor reviewed it? p) A. I thought oomeono sold as ^nayha ft's ps> Florence, ft's coming and K never coats. I think (i) * * 4 Page 161 (i) that's IL Something Hka thd. Pat Mg on that, p) really. Except that ft was In my notsa some plaoe p) to review end that's why I put ft here. (4) Q. Lot me go back to eomotMng tost (5) I touched on |ust before lunch. <8) I osicod you at ihm lime if you would <7> estimats tor me the percentoge of your income over <s> toe course of toe past 12 months or eo that was p) related to your outside consulting activate and no) you gave me a number of appraodmawfy 30 percent. (i i) My question only is if I wars to say fiat back over (i the course of the last several years would tost (is) psrcsntsgs approximation ba ths sama or (i4) spproximalaty the same? Pag* 158 to Pag# 164 Colby v. Union Carbida NOTES Mil4lWtP0> (is) Mnk over the last five years, yea. (is) (j. it's about 30 percent? d7) A. I'm saturated ouL i cant afford any more (is) time than four or ftve days a month. In feet, (i) every year now I can afford leas. Problems at pen Rutgers are getting too complicated end they need pi) my fuft attention seven days e week, ft appears P2) Q, But you're comfortable at least pa) until recently, even ihough your outside consulting p4) work has apparently decreased a little, it's been as) at a fairly steady rale for the past five yearn or Page 162 (1) co and it's been about 30 percent of your lime. (2) A. Maybe 20 to 30. Now in the doftare, not (3> time. Time Ife been around four or five days for (4) the lest out of a month. (S) Q. Just s few more questions. On ts) page six of your report, actually page five because m it carries over to page six, you talk about design p) and improvamant of various manufacturing processes m within the PVCR chemical process industries. And <io> on page six you taik about three mutually exclusive m) safety management engineering modalities that are (12) generally used. (13) I note that the sentence is in the present (i4) tense there, attoough earlier to the paragraph you (is) refer specifically to the tima frame of prior to (ip *61 end even up untit 1967. So when you talk about n?) these three mutually exclusive safety management <is) engineering modalities that are generally used do (i) you mean to suggest that they ware atoo used po) industrywide back to the early 1960s? pi) A. Thoee three modalities are generic. P2> Industry has forever tried to follow thoaa three p3) separately or In combination beoauee they are (24) engineering controls that do protect It le the pfl) Industry standard. Hoe been the standard ever Page 163 (i) tinea f*ve boon 0 chemical engftiser which la over p) 36 yaara, taught bt achoota and undergraduate, 36 m yeare ego. W Q. Do you have any knowledge ae to (5) what efforts Union Carbide was making in the early m 1960s to eliminate hazards to particular with (7) regard to exposure to vtoyl chloride monomer? m A They were making progress in aft of these p) areas. The problem Is they started too lata and 00) Bra follow-through wasn't there and I have proMoma (i 1) with the management aspects. Had they hod e greet (i3)infkienoe on management of the-from the oraefte (13) to grave of the monomer they would have only <u) deduced horn logic that sines they dMnt have (is> anoworo to vary important quoetlona about how much (10 rwui monoimr m more rai m onvy vdy to Q7) protect workers downstream In the handMng ns* redistribution center at OTD wore to provide Scott (in Air Poke worn 100 percent of the time which woo po> state of the art ot that Hate whleh would have pi) protected theee people 100 percent of the p2) Inhslolluii, respiration, Ingeetion oxpoauro and p3) than with proper protective clothing, eroamo and 00 (24) forth they can be ueed to protect the reeL And ps) that could have been done and should have bean dona Pago 164 (i) in tha 'SOo and '60a roadlly and vary coat p> ffective until they had the hard answers that they pi have today. They should have UCC 075789 RCJ anticipated, Thay () admitted that thy knew about tha monomar problem. (S) Tha rsildusl. That in and of itadl ia a siren (e> call. It is a ban ringing off in any safety (7) engineer's head. That tails you that tha active is> component that makes the polymer is going along p> hitchhiking Itself right down the chain of commerce (toj to and users, intermediate users Ilka Colby and <n> Bamadino and without protection warnings and so (i2j forth. That's the problem.I have. (13) Q. Wasn't it true, however, (i) throughout the chemical manufacturing industry, (is) certainly in the 1960s, that a lot of the action (i) that was taken was based upon the best information (17) available at the true as expressed in the threshold (is) limit value'for exposure to various chemicals <i> including PVC? (20) A Wa Uva by safety. Safety says that H you i2i) don't know the lower limit. If you don't know, you iss) protect until you do know. They admitted they (23> didn't know in the 'SOe and '60s that this was a 04) definite cancer causing element until 1974 in the ps> Wall Street Journal, let's say. That is a signal Page 165 (i) to protect against this highly reactive chemical 0) just from tha point of - forget that It's (3) carcinogenic. It's highly toxic. Just to protect (4) against toxicity. H you don't know what tha lower 3) limit is and certainty if you follow the literature (6) with other materials the TLV or tha PL goes down (7) every year. It does so with asbestos. If you is) follow that history by analogy it goes down with m every chemical and they should have recognized that do grading. I made have plots of benzene, I made (ii) plots of asbestos, I made plots of aH of these 112) compounds and showed them in my studies in my (is) safety daaa, and just because every curve goes to (14) zero, what Salakoff says and Wagner, no limit la (is) safe. ii6) H Salakoff was working for-Unton Carbide (i7) in tha '50a and '60s he would have said to them wa <ie> don't have tha answer. No limit is to bo trusted. (i9) You must protect positively, and that tha engineers poj at Union Carbide would have determined wa cannot ei) control at tha point of risk with ventilation local (22) problems and, therefore, you protect tha worker <23> with respiration. (24) Q. Wouldn't that be true, however, (25) with regard to virtually every chemical in every Page 166 (i) industrial manufacturing process, i.e., that e> following that theory that every worker should be d) completely protected with a Scott Air Pak at least? <4) A. Or equipment fume hood, glove box and other <s) ways of affecting tha same. Yea. True. ) 0. For any manufacturing process of (7) any chemical. Correct? is) A. You have to put in that formula the word (9) reasonable. Ifa not rsascinabls to do It for (io) water. Ifa not reasonable, tfs not reasonable (t i) to do It for air, both chemicals. It ia reasonable (i2) to do It for VCM considering its history going bock i) to 50 or 75 years with an Indication from the <i4) medical people that there are suspect highly toxic ns) unexplainable raactlona and eventually cancer cornea (ie> out. This ia different than water. This la <i7> different than air. Colby v. Union Carbida NOTES UCC 075790 _________________ Mrwa(3i) (is) Q. But neither water nor air by (i9> itself is carcinogenic. Correct? (20) A. I'm not aware of It 0i) Q. UnDi such time as any particular (22) chemical is shown affirmatively not to be 03) carcinogenic are you suggesting that these (24) precautions would have been reasonable throughout 05) the chemical manufacturing industry In the 1960s Page 167 (1) for any chemical? (2) A. Not any chemical. Just those chemicals 0) where you do have a history from tha literature a (4> pattern of It getting worse with the knowledge with (s> every year. Tha ingredient was steep enough in (> that for Union Carbide to aay vinyl chloride m monomer, we know the unsaturated bonds ia a highly <ei reactive Item. Whan it is protein it has - tha () medical field knew and understood that SO years (io> ago. That's not water. Water doesn't dothat with (ii) protein. Unsaturated carbon bond does. That's why (i2> benzene is a carcinogen, that's why VCM Is a ii3) carcinogen. Ifa that double bond that la a (u) problem. Ifa a vary reactive group. (i$) Q. You already received your degree (i) as a chemical engineer by the time the early '60s (i7) came about (is) A. Right d9) Q. Was that the view of chemical <20 engineers in the industry with regard to any highly 01) reactive chemical, i.e., that there is a very 02) strong likelihood with a highly reactive chemical 03) that it may eventually turn out to be a carcinogen? 04) A. Not necessarily a carcinogen. Highly g5) toado. Thafs enough. Page 168 (i) Q. IK amend Ihe question id a 0) highly 9) A. You don't know tha word cancer In thera to (4) be tha trigger. 9) Q. IK taka it oul Was that the ts) general view of the chemical engineering tirade, (7) your practice as wall as the chemical industry in p) the 1960s, that a highly reactive chemical just by pi having that knowledge could mean that It could (io) eventually be shown to be a highly toxic chemical 01) so that workers needed to be protected from it? <i2) A If you add to that equation the pattern and (i3> the divuigence of the medical literature that la iu> paralleling tha engineering concerns. ns) Q.Whatwaatha medical literature (is) involving PVC in tha 1950a? oh A. You read my Maliko literature survey? (i9) Q. Yes. A long time ago. (i9) A That's what I'm talking about AH that 00) Htersture. Thafs a pattern. You don't sea that 0t) for water and air. You soe that for PVC and by 02) analogy you oaw It tor asbestos. ftsbsetne had tha 03) same parallel history. It started in 1920, was tha *) ftrat one, and k became increasingly worse each 05) and every year and every year you had a growth and (i) Page 160 (i) than the number of publications in tha Mtarature. 0) Whan you toHow the Ntarature that way and than 0) look at tha years tor control and ask them how to <4> detect this is getting worse each year, wa don't p) know It could head as far aa cancer, but Ifa p> highly tinxto Ifa highly reactive. You wouldn't (7) have your child -1 wouldn't have my child Pago 164 to Pag* 169 ftCJ______________________________________ breathe <p VCM Md I wouldn't do this in 19& We knew enough m about IL You wouldn't do It If* too reactive o so you protect The only way to protect ta(ii) engineering control*; ventUetlon, end eleo H if* (it) e turn* hood or box. He didn't hove diet at OTD. (i3> Do we have i aspirators in the inerketplece <i4j that would protect? Yea, Scott Air Pmk, end then <is> you have to warn, inetruct your operator why you (16) heve to wear the air pak, beceuee we don't have the (i 7) enewere to the questions bid we heve enough. dW Q. Oid you work with PVC or VCM In (is) your practice ee a chemical engineer in the I960*? do) A. No. I wae at Northwestern. (2i> Q. I wee going to ask you where you (23) were precisely back then. (23) A. Ye*. Ye*. (24> Q. You obtained your Ph.D- from (25) Northwestern in 1963. Page 170 m A. Correct (2) Q. You immediately went into Ihc teaching field. Didn't you? You started in (*) February '63 until 1964 and then you stayed in the ($) teaching field from that point on. Is that right? <6) A. I had multiple industrial assignments each (7) year tor from '63 through TO. <a) Q. So you were not out in me industry? ii(9 A. Yea, full-time ter two months at e dm# in <ii) the industry. (it) Q. Okay. I misunderstood that <ia) That was a* part of your teachingIi4) A. No. ns) Q. Separate from teaching? ns) A. In academics you have one or two (in appointments; a 12 month appointment, a nine month [ip appointment. H you chose a nine month you have (ie> two monthe off In the eummer to gain Industrial oo> experience, at oetera, at oetera which I ohoae to pi) do in the firet four, five years, etx yeere end a p2> few year* after that pa) Q. Are you aware as to whether other p4) chemical manufacturers other than Union Carbide ps) were taking these types of steps mat we have just Pegs 171 (i) had a long discussion on in the early to mid I960*? p) A. I have no Brathand knowledge.O) Q. As to whether Vtey did or did <4) not? (5) A. Right. I do have knowledge about Union (6) Carbide because I have a bunoh of facta In evidence m hare and things to read and statements made, m corraapcndanoa I read between Union Carbide and OTD p) people and so forth. I heve a vary good picture in (io) readbig Whaalai'B report and depoalUen. It paints (ii) a picture for me of fMwmy MOM ffM DUN (i2) Q. My question in partcuiar wee (ip whether or not you have knowledge as to what other (i4> chemical manufacturers were doing and the answer to (is) that no, you hava no such knowledge? up A. In 74 and five wa had B-F. Goodrich oome (i7) tat with a SimBar program of positive protection. (ip Q. if you recall, when wee the (ip incident orihe report from ihe B.F. Goodrich pp Company, whatever proper cmports name it may be, pi) that imuaari anybody to look again Rags 169 to Pag* 175 Cotoy v. Union Cartoidb NOTES Mntnm<32) nh _ eot aaVCty? Was that around final same urha frame? PP A. 74. Wed Street Journal. 74. (24) Q. And that was the incident ps) involving the reactor worker* at1 B.F. Goodrich. Pag* 172 (i) Have you ever seen a study either in the p) literature or elsewhere lhat shows or indicates p> that exposure to | [ chloride resms even (4) with the-or leaching i 'entrapped VCM has caused ($> cancer in i ' B.F. Goodrich reactor workers that (p ware I i manufacturing end of the process ea <n l to workers who are exposed to me final (tiI product, i.*., the resin? Correct? p) A. Correct up Q. Back to my question. Have you (i never seen a study or ary reference in the (ip literature to a study that indjester that exposure (ip to PVC resins including entrapped VCM has resulted pp in cancer? np A Nottheraain. Just the VCM. (ip Q. But the only studies involving (i7) the VCM are those studies that show exposure to tip workers in me manufacturing end waters apparenfiy (ip there's no question but that the exposure level* po) much higher by many multiples. Is thatfair? PD A. Parbcuiarty i reactor* pp or oNo* I i they dean out much higher. Yea. ps) Q. Weenttheti B.F. Goodrich p) experience ini that- pp A. That wae th* poM but that dosent Page 173 (D point, rule out other data point* that they dMn*t g) *tudy. I P) Q. But you're no| aware of any other (4) date points or studio*? (5) A Correct IP Q. Okay. dp. record.) is (Phaid offtut <p MR. HOLUNGSHEAO: l'm(ipdon*. (it) {Mtsnupgn*dapasbjon (ip mnrturta* t433 p.m.) Pus 174 (i)CERTIFICATllON (4) I, GINA MARIE LATHAM, a Notary Public and tp Certified Shorthand Reporter of the State of New ip Jersey, No. XKHS66, do hereby certify (7) that to the commencement of tha examination pj RTON Z DAVIDSON, Ph.D., P.E was swomll me to p) testify the Irum, tha whole truth nothing but (ip the tnrih. (ii) I DO FURTHER CERTIFY that the foregoing is e (ip Hue end accurate transcript of me taettmony ee (i3) taken stonographicaliy by and before me at me (u) tit ns, piece and on tha dal* hereinbefore set forth. OP i DO FURTHER CERTIFY that I am nattier a (ip relative nor employee nor attorney nor counsel of <it) any of tike parties to this action, and mat I am (ip neither a relative nor employee of such Homey or <ip| counsel, and that I am not IlnandaUy intoraatad pp in tits action. (23) A Notary Public of New Jersey Uoanee No. Xl! "t7" (i) INDEX ESS DIRECT m BURTON Z. DAVIDSON. Ph.D., .E. (4) By Mr. HoUingshaad 3 IP INDEX TO EXHIBITS NO. DESCRIPTION PAGE UCC 075791 no_________________________ . to) Davidson-1 Letter dated 8-17-33 p) Davidson-2 Cognate B.D. reports (io) Davidson-3 Colby correspondence (i n Davidson-4 Colby work history (uj Davidson-5 Reports Union Carbide's experts (is) Davidson-6 B.D. work sheets (i> Davidson-7 Maliko folder (is> Davidson-8 Bemadino folder <i> Davidson-9 Colby admissions <i7) Davidson-10 Colby Sax'piant/'interrogatories (it> Davidson-11 Folder containing documents from EPA, OSHA, etc... Davidson-12 U S. government literature Davidson-13 Peterson interrogatories Davidson-14 Safety data sheets Davidson-iS Davidson deposition transcript (23) in Peterson matter <2*j Davidson-16 Medical reports in Peterson matter Page 176 Davidson-17 Literature on PVCR and VCM Davidson-18 Davidson report dated 12-4-92 Davidson-4A Work history provided by Mr. Levinson Colby v. Union Carbide Mnmns(33) UCC 075792 Pag* 175 to Page 176 no Look-See Concordance Report 2,393 UNIQUE WORDS 386 NOISE WOROS 28,557 Total words single File concordance CASE SENSITIVE INCLUDES OCCURRENCES IN QUESTIONS & ANSWERS ONLY WORD RANGES @ BOTTOM of Page -1 - 1-9-90 [2\ 74:13, 17 10 [1] 75:3 10-22-92 [5] 24:6; 72:21; 73:15; 74:17, 20 100 [4] 95:24; 140:25; 163:19, 21 103 [1] 67:73 105 [1J 67:15 10th (1] 30:1 11 [1 ] 37:3 12 [4] 43:10; 158:25; 161:8; 170:17 12.8 [1] 85:18 14 [2] 21:14; 61:15 15 [5] 31:16; 45:17; 55:18; 90:1; 113:1 150 [1] 109:20 15th [1)44:79 16 [3] 107:25; 113:1; 128:7 16,500 [1] 93:20 17 [3] 37:3; 38:14; 53:7 175(1143:5 16 [2] 37:13; 113:1 19(2] 20:2; 37:16 1900 [2] 156:14, 15 1920(1] 768:23 1935 (1) 769:8 1950s [11 768:16 1960 [I] 29:16 1960s [141 37:12; 84:15; 91:11; 103:1; 151:14, 25; 154:25; 162:20; 163:6; 164:15; 166:25; 168:8; 169:19; 171:1 1961 [4] 66:4, 23; 84:17; 704:12 1963 [1] 769:25 1964 [11170:4 1967 [5] 66:3, 4; 84:77; 704:12; 162:16 1968 [3] 37:1, 8, 20 1969 [1] 150:7 1970s [1] 153:17 1972 [1] 704:21 1974 [2] 85:16; 164:24 1975 [3] 22:22; 29:15; 90:16 1977 [1] 22:13 1980 [11 29:9 1983 [1] 75:3 1986 [21 74 12; 75:16 1989 [15] 5:8; 6:7; 9:4, 70, 78; Cofoy y. Union Carbide .2, a, 21; 22:12; 30:1; 41:16; 44:20; 45:23; 46:22; 48:15 1990 [3] 22:9, 10; 44:9 73 (2) 128:13, Its 74 [5) 707:9; 171:5; 171:16, 23 1992 {11} 20:2; 21:5; 26:6; 75 [3] 86:5; 101:9; 166:13 35:24; 36:8; 38:10; 40:19, 21; 41:9; 49:3; 67:24 19th [1] 19:19 77(1)37:8 78 [1)29:72 79 [4] 87:19; 94:25; 135:20; -2- 2,000 [5] 85:74; 109:20, 21, 152:3 -8- 22,24 20 (6) 70:9; 111:6,-117:25; 150:7; 159:1; 162:2 60s [1] 29:25 825 [1] 69:73 860 [6] 85:75; 89:77; 90:2; 20th [2] 22:9, 12 25 [1] 44:9 25.7 [1 ] 85:8 250 [1] 96:3 275 (ij 43:6 26 [1] 22:73 29 [1) 74:12 2nd [1124:17 -3- 97:1, 5; 109:21 87 [1) 69:8 89 [5] 22:24; 23:4; 24:11, 19; 89:4 9- - 90 (1) 155:16 92(1)22:7 93 [3] 90:5, 74; 709:72 962 [1 ] 93:3 3-26-90 [1)30:3 3.8 (3) 100:16; 102:22; 104:7 3,85 (21100:7; 103:11 98 [21 93:6; 111:7 -A- 30 [9] 37:13; 43:24, 25; 150:7; 159:1; 161:10, 16; 162:1, 2 300 [2) 103:13; 148:22 31st (1) 22:22 32 [1 ] 37:19 35 [2] 763:2 38(1) 703.-72 3rd [1)22:70 -4- 4 (9) 27:5; 26:6; 35:24; 36:8; 38:10; 40:19, 21; 41:9; 49:3 4,300 [1] 95:9 A-r-o-b-a-c-k (1) 760:77 abbreviate [1] 110:20 ability [2] 44:24; 70:2 abts [S] 78:16; 107:22; 112:13; 728:2; 153:17 abraatvs [2] 107:17,20 abaancs [3] 137:4,16; 143:9 absorbed [10] 775:75, 17, 25; 776:1, 8. 75; 137:8, 70,25; 733:71 absorbs [1] 732:5 absorption [5] 737:75, 18, 24; 132:20; 133:4 4,306 [1)93:79 abstracts [1] 29:9 42 [1)35:11 4th [2] 22:7; 39:23 academics [1] 170:16 accept [2] 75:20; 107:7 -5- accepted [2] 100:13; 146:14 access [3] 709:9, 78, 19 50 [15] 65:72; 92:5, 9; 96:4; 98:13; 100:4,21; 104:16; 108:19; 138:24; 140:25; 166:13; 167:9 500 [4] 95:2; 97:3; 704:76; 109:7 SOs [3] 764:7,23; 165:17 53 [1] 89:2 550 (1) 96:24 58 [1] 89:8 59 [3] 89:7,16; 97:79 accomplished [1 ] 87:5 According [2] 85:24; 146:13 according [6] 85:7,18; 124:22; 129:24; 730:5; 758:74 account [6] 14:23; 16:19; 17:3:43:17; 110:15, 16 accumulation [1] 99.23 accuracy [2] 97:2,4 accurate [5] 4:7; 6:25; 10:23; 100:25; 155:23 acetata [5] 738:77; 139:6; 146:25; 147:5,22 -6- acatic [1) 745:73 acetylene [2] 142:16; 154:21 80 [1] 85:22 ACGIH [3] 104:15,17, 23 60s [10] 87:11; 92:2, 10; 101:13; 108:19; 145:23; 164:1, 23; 165:17; 167:16 acid [4] 137:21; 138:2, 5; 140:22 act [1] 732.25 61 [3] 86:7, 76; 162:16 acting [1] 46:75 63 [2) 170:4, 7 - 7- action (318:8; 158:9; 164:15 activated [3] 58:9; 141:23; 154:20 70 (1] 170:7 70s [1] 23:2 71 [3) 728:3, 4, 6 activation [5] 82:9, 17; 141:12, 20; 149:25 active [3) 48:22; 77.9; 164:7 UCC 075793 A*Wort lndmS) activities [2] 42:1; 161:9 actual [3] 20:19; 42:9; 152:25 AD [1] 775:70 add [6] 141:3; 145:12; 147:1; 148:4; 160:5; 168:12 added [1] 778:3 addition [2] 76:23; 146:24 additional [4] 40:13, 17; 65:9; 137:2 additive [3] 157:12, 14, 22 address (2) 5:5; 157:11 addressed [1] 97.25 addresses [1] 157:12 addressing [2] 36:20, 27 adds [2] 747:2; 156:20 adequate [1] 704:7 adhering (1) 115:23 adhesion [1] 714:2 adjusting (1 ] 704:6 Administratively [1] 101:17 admission [2] 68:6; 97:16 admissions [5] 27:1, 6; 67:16; 125:7 admit [1] 92:8 admits [1] 75:7 admitted [3] 109:23; 164:4, 22 admitting [2] 97:14,20 adopt [1] 732:76 Adsorbed [2] 175:79,23 adsorbed [2] 115:17, 18 advice (2) 62:20; 96:6 advised [2] 16:15; 65:17 affects [1] 706:9 affirmatively [1] 166:22 afford [2] 161:17, 19 afield [1] 83:78 Africa [1] 758:24 agency [2] 176:19, 23 agent [2] 85:9; 777.25 agents [8] 72:19,24; 75:24; 76:7; 121:5; 129:23; 148:4; 755:6 agree [5] 18:3; 93:7; 95:1; 101:2; 105:22 agreed [1] 707:76 agrees [1] 139:2 Air [3] 763:19; 166:3; 169:14 air [23] 4:7; 93:15, 19; 94:11, 13. 16; 95:21; 96:21, 22; 99:19,22; 104.3; 733:24; 734:5; 135:24; 149:24; 150:7; 166:11, 17, 18; 168:21; 169:16 airborne [3] 83:74; 133:16,19 al [2] 22:74, 22 alcohol [9] 65:22; 85:9; 118:12, 15, 16; 123:22; 124:2, 5, 10 allergic [1] 733:2 alleviate [1] 72. 5 allow [5] 3:19,24; 5:10; 15:8; 88:5 allowing (2) 3:21; 47:25 alluded [2] 90:20; 138:23 alone [2] 55:10; 85:9 alphabet [1] 82:7 Altogether [1] 73:12 altogether [1)28:77 alveoli [1) 130:2 Ambient [1] 99:5 ambient [1] 743:3 From 1-9-90 to ambient no Amboy [4] 27:11; 84:24; 97:3; 706:73 amend [1] 168:1 amended [1] 50:22 amending [1] 57;9 American [2] 105:1, 2 amount [11 ] 41:17, 19; 56:3; 95:9; 108:1; 112.-6, 10; 114:2% 133:9; 133:20; 140:10 amounts [2] 735:23; 733:72 analogous [2] 54:77; 122:18 analogy (3] 723:8; 165:8; 168:22 analysis [10] 18:2, 22; 28:14; 90:12; 91:22; 92:5; 102:3; 122:14; 138:23; 153:5 Analytical [5] 24:25; 28:15; 87:22; 100:20; 111:5 analytical [5] 87:6; 923; 100:22; 101:5; 108:18 analyze [2] 17:24; 108:18 analyzed [3] 87:22; 91:16; 100:24 animal [1] 19:7 Animals [1] 77:3 animals [9] 73.-9; 77:7, 13; 78:4; 80:17; 117:14,18; 1183; 121:10 Answer [2] 69:10; 101:24 answer [17] 3:20,21, 25; 11:16; 17:1,10; 61:16; 69:16; 77:23; 81:11; 109:23; 123:16; 124:17; 148:6; 159:21; 165:18; 171:14 answered [1] 736:77 answering [1] 123:17 answers [11] 4:3; 27:20,24; 29:21; 52-19; 57:12; 61:19; 89:8; 163:15; 164:2; 169:17 anticipated [1] 764:3 anybody [2] 49:17; 171:21 anyplace [1] 135:21 anywhere [1] 14215 Apparently [1] 129:20 apparently [4] 52:20; 90:9; 767:24; 172:18 appear [3] 74:7; 76:73; 75:7 appearance [1] 53:27 appeared [5] 9:5; 10:10, 14; 11:10, 17 appears [6] 44:70; 83:1; 119:9; 12217; 133:17; 161:21 applicable [1] 755.-23 Application [1] 37:15 application [2] 76:19; 9225 applied [3] 703:6; 135:75; 137:12 appointment [2] 170:17, 18 appointments [1] 170:17 appreciate [1] 126:8 approach [2] 121; 50:11 approximate [1] 156:13 approximately [8] 6.7; 9:9; 41:25:43:70; 117:18,23; 161:10, 14 approximation [1] 767:73 are [3] 14215; 15223; 154:21 Archer [4] 93:74, 1% 96:6, 12 archives [1] 1224 area [15] 11:11,20; 126; 19:9; 289; 64:5; 69:5; 106:8; Amboy to burden Colby v. Union Cmbids 111:13; .Z 5; 119:1; 120:2; 730:7; 742:73 areas [6] 62:21; 14210; 144:6, 7; 152:22; 163:9 aren't [1] 130:21 Arnold [2] 90:9, 72 Aroback [2] 44:8; 160:11 article [7] 9:70; 29:75,76; 77:19; 125:21, 23; 126:14 articles [2] 37:72; 126:7 Asbestos [2] 78:24; 768:22 asbestos [21] 19:2,-62:75, 79; 118:21; 121:19; 122:19, 24; 1226, 22 125:19; 126:22; 127:2; 128:5,22; 129:2, 7, 12; 132:12 165:7, 11; 168:22 asbostosis [2] 62:78; 158:22 ascertained [1] 97:7 aside [4] 22:19; 2215; 99:13; 132:18 asking [5] 20:2, 7; 774:27; 733:4; 750:76 asks [3] 4:22; 5:78; 40:17 aspects [1] 163:11 assess [1] 720:70 assessing [1] 779:78 assessment [2] 29:74; 37:5 assigned [1] 68:24 assignments [2] 57:14; 170:6 assist [2] 47:78; 757:2 assistance [2] 70:6; 1282 associated [1] 750:27 Assume [1] 134:22 assume [14] 40:14; 55:27; 56:7; 59:3; 60:4; 6212; 6815; 72:2; 75:4; 80:13; 813; 770:22,-144:25; 14815 assumed [4] 55:7; 9221; 95:4, 24 assume# [1] 735:75 assuming [2] 46:4; 735:73 assumption [18] 54:7, 10; 59:2; 8812 12 921% 21; 94:22, 2% 987, 12 9818 982 1103; 134:28 135:17; 136:10; 151:7 Assumptions [1] 710:70 assumptions [12)88:11; 9218 20; 921,8 11; 1081, 11; 1027; 104.-6; 109:1 assure [1] 7a-15 ASTM [1] 11216 ATC[1] 27:76 allnosplisis [5] 59:79; 8815; 95:27; 10228 145:2 atmospheric [5] 822 8814; 924; 144:17; 14819 attach [1] 120:17 attached [1] 10821 attacked [1] 710:27 attacks [2] 17:12 37:75 attended [i] 11:25 attention [2] 74:20; 161:21 attorney [2] 5*77; 48:25 attractions [1] 774:76 attrition [4] 1087; 107:2 5, 22 August [3] 31:8; 3818 44:19 author (2] 37:21,25 aitthorttative [3] 62:75; 122:70 author* [1] 36:22 autopsy (1 ] 68:2 available [6] 35:25; 70:19; 71:13; 75:19; 110:4; 164:17 AVCM [4] 83:7; 126:22 131:8; 13810 average [10] 11:5; 85:22; 93:3; 97:1; 100:6; 108:17, 22; 109:4; 156:21, 25 averaged [1] 85:75 averages [1] 85:74 avoid [2] 72:5; 133:24 avoidance [3] 71:22 72:11, 12 voidance-of-exposures [1] 72:1 aware [20] 79:70; 73:24; 74:2 75:2 25; 76:16; 77:11; 782; 79:12; 80:14; 84:14; 91:8; 121:5; 124:4, 14; 141:12 142:7; 166:20; 170:22 1723 -B- B.D. [5] 228 25:8 18 20 B.F. [5] 171:18 19,28 172:5, 23 backbone [1] 97:21 backwards [3] 77.-8; 775 73; 133:8 bag [11] 25:24; 53:9; 58:20; 50:5, 77; 82:7; 96:23; 99:8; 134:24; 135:20; 154:20 bagged [3] 757:8,13,24 bagging [19] 56:14; 59:6, 16; 60:8 14; 925,20; 94:2 8 9822 99:8 1021; 107:2 111:14, 18 1428 21; 150:22 151:3 Bags [2] 736:8; 1527 bags [4] 58.-70; 95:79; 9821; 135:25 balance [1] 708:77 bail [2] 1028 12817 barium [1] 14225 barometrically [2] 85*77; 704:9 base [3] 53:7; 107:14; 127:22 Based [1] 755*75 baaed [14] 49:19; 70:15; 97:70; 96:23; 700:10; 724:73; 131:78; 140:11; 14822 151:7; 154:3; 159:7; 164:18 171:11 basic [3] 385; 64:14; 681 Basically [1] 65.-9 basically [3] 222 8732 9224 basis [3] 4211; 10817; 159:10 bay [2] 528 821 bearing [1] 734:8 beast [1] 1473 becomes [1] 65*74 bear [4] 7818 11818 124:21; 12815 bag [1] 40:76 behalf [3] 7.-78; 75.-75,-45-73 behave [1] 157:24 behind [1] 87.-7 believe [24] 4:12 2810,77, 18 24; 2217,24; 3812 41:8 AIMWBfB InawtQO 45:1; 62:76; 68:23; 71:10; 86:9, 11; 921, 2 9, 17; 96:24, 25; 104:21; 111:19; 126:4 bell [3] 66:3; 127:14; 164:6 belong [1] 25:76 Benzene [2] 739:77, 73 benzene [15] 76.-23; 79:2, 78, 20, 21, 23; 82:9; 13811; 139:10,12 140:2 165:10; 167:12 benzopyrenes [i] 121:14 Bemadino [6] 22:9,11; 26:12; 54:5; 10822 164:11 biochemically [1] 77:78 bis-A [4] 52:9, 70, 22; 80:79 Bisphenol [1]52:8 bisphenol [6] 52:4, 72, 22 80:14, 16; 81:10 bit [4] 50:10; 74:21; 134:18 157:3 blending [1] 145:19 block [1] 146:22 blood [1] 737:22 blowing [1] 94:76 blown [1] 96:22 bodily [1] 49:72 body [11] 15:5,6; 17:18; 119:24; 120:11, 12 19; 1322 137:25; 158:15 bond [3] 737:74; 167:11, 13 bonds [2] 737:74; 767:7 book [13] 17:12 36:77; 37:7, 2 15; 38:7; 4934; 76:22 81:7; 96:25; 150:6; 15816, 17 bookkeeping [1] 110:8 books [3] 36:17, 20, 23 bottle [2] 755-79, 20 bottles [1] 11822 boundary [1] 83:17 box [4] 706:20,24; 166:4; 169:12 brake [3] 127:10; 128:8 20 break [3] 775-24; 135:20; 15217 break-open [1] 735:20 breaking [2] 1527,20 breaks [1] 755*3 breaths [1] 169:7 breathing [16] 76:77; 54:12 57:24,28 8818 8818 954; 94:78; 97:15; 9812 700:6; 779:25; 120:22 13822 139:1; 15632 breading [1] 777:76 brief [1] 9:2 bringing [1] 94:70 broad [1] 11:11 broaden [1] 103 broke [3] 77:74; 58.-20; 736:8 broken [1] 95:78 bronchia [1] 130:2 bronchial [1] 1203 building [6] 57:18 581,21, 24; 94:18 1385 builds [1] 134:3 Buie [1] 90:7 bulk [6] 8434; 85:77; 1121; 1182 145:24; 1484 bunch [4] 24:27; 29:24; 30:6; 171.-6 burden [1] 3822 UCC 075794 RO___________________________________ bursting [4] 59:5, 7, 17; 60:12 by-product (2] 139:6; 145:3 by-products (5] 141:7, 15; 143:12, 24; 144:15 -c- cacophony [1] 133:11 calculation [10] 26:79; 88:6; 89:13; 91:7; 96:18; 97:10; 100:12; 102:23; 108:9, 13 calculations [19] 23:12; 88:9, 19, 23; 90:7; 91:8, 9, 10, 25; 92:19; 105:25; 107:13; 108:5; 110:3, 5, 7; 151:1; 154:2, 23 calibrations [1] 97:4 call [4] 54:70, 77; 704:22; 764:6 calls [1] 43:2 Cancsr [1] 149:16 cancar [16] 7:24; 119:7, 18; 121:4, 5, 25; 130:8, 23; 159:12; 160:1; 164:24; 166:15; 168:3; 169:5; 172:5, 14 cancarous [2] 74:76; 75:2 capability [1j 111:9 capacity [4] 70:75; 74:7; 47:20; 55:3 caption [1] 8:8 car [1] 706:20 Carbide [18] 3:13; 23:8; 27:6, 14; 72:5; 84:20; 87:23; 97:18, 20; 101:5; 146:11; 163:5; 165:16, 20; 167:6; 170:24; 171:6, 8 carbon [2] 64:72; 167:11 carcinogen [19] 78:8; 97:15; 116:17, 22; 117:4, 8, 11, 13; 118:15; 121:2; 138:6; 155:7; 157:21; 167:12, 13,23, 24 carcinogenesis [1] 755:5 Carcinogenic [1] 77:15 carcinogenic [29] 72:19, 23; 75:23; 76:6, 17, 21; 77:1, 7, 13; 78:4, 9,21; 79:14, 16; 80:4, 16; 81:2,19; 82:2, 5; 118:9; 121:8, 73; 143:23; 158:8; 165:3; 166:19, 23 carcinogenicity [1] 77:18 Carcinogens [1] 116:25 carcinogens [6] 117:17; 118:8; 121:1; 157:21, 22; 158:16 career [1] 70:22 careful [1] 136:3 carries [1] 762:7 carrying [1] 113:24 case [62] 6:3, 6. 20; 70; 8:2, 5, 17; 13:5; 14:2, 6, 13; 15:13; 17:4,24; 18:25; 19:17; 20:4, 15; 24:13; 37:6; 35:13, 18, 24; 39:13; 45:10; 48:16; 56:20, 21; 57:2; 72:4; 74:13; 79:7; 88:5; 92:13; 95:15; 100:13, 14; 101:20, 22, 25; 102:2, 5,10,12,17; 109:22; 112:17; 120:11; 127:2; 128:21; 130:1; 135:18; 144:3; 1S0:20; 152:4; 158:13; 159:19 cases [17] 9:4; 21:16; 45:16, 18; 46:1, 4, 9, 10, 14, 21; 47:8; Cotoy v. Union CsrtoMs 4e. 70; 54:6; 740:3, 4; 758:22 cast [1] 97:7 catalyst [2] 750:3. 4 categories [2] 11:13; 26:13 category [1] 72:20 causation [5] 74:74; 75:4, 76/ 16:18; 17:4 caused [3] 16:25; 171:21; 172:4 cautions [2] 155:4, 12 calling [2] 94:6; 95:79 cell [1] 770:76 center [1] 763:76 centigrade [1] 742:5 cetera [8] 704:4; 777:7; 753:4; 170:20 chain [1] 764:9 chains [1] 745:27 chairman [3] 9:76; 47:20; 43:73 challenge [2] 96:76; 99:25 chance [1] 45:24 change [4] 66:74; 740:6, 7; 747:76 changed [1] 709:7 changes [5] 47:1, 6; 100:17; 101:11; 117:20 changing [1] 127:10 chapter [3] 17:12; 18:21; 101:15 characteristics [2] 85:7; 747:22 charge [1] 134:3 charges [1] 733:25 charter [1] 63:5 check [3] 5:22; 7:13; 8:18 cheeked [1] 108:24 checking [3] 6:24; 108:22; 115:11 Chemical [2] 2&*23; 36:78 chemical [70] 9:76; 70:76; 11:12; 12:15; 13:3; 14:3; 15.6; 16:20; 17:13, 19; 18:2, 25; 28:25; 31:20; 36:21; 41:20; 43:14; 49:8, 10, 16, 21; 50:3, 18; 55:20; 60:18; 63:6, 15; 65:79; 66:9, 22,- 72:19,24; 75:23; 76:7; 776; 97:24; 10812; 121:25; 123:5; 124:11; 129:19; 131:12, 19; 132:4; 146:25; 147:9; 157:16; 159:12; 162:9; 163:1; 164:14; 165:1,9,25; 166:7, 22, 25; 167:1,2,16,19, 21, 22; 168:6,7,8,10; 169:19; 170:24; 171:14 chamicaity [4] 77:77; 746.-9, 74, 23 chamicals [31] 72. 75; 73.2, 9, 17. 21; 74:8, 75; 15:1, 4; 16:8; 29:24; 466; 47:8; 50:13; 53:13:62:13, 16; 64:13; 65:13; 70:11; 76:4; 82:8 12; 117:16; 121:24; 129:11,21; 147:12; 164:18; 166:11; 167:2 chemistry [2] 749:4,23 chemists [1] 700:22 child [2] 169:7 chloride [45] 6:4; 9:12; 10:4, 5;29:11, 14; 37:14; 50:14; 51:4, 6, 9, 13; 83:3, 20; 84:5, 8, 12; 87:2, IS; 88:21; 89:6, 22; 90:10; 102:25; 105:10; 116:16, 21; 137:10, 14,20; 138:10; 140:21; 141:7; 145:2, 7; 147:21; 148:20; 149:19; 163:7; 167:6; 172:3 chlorinated [1] 737:77 chlorine [1] 150:9 choking [1 j 56:8 chose [2] 170:18, 20 chromatograph [2] 97:7; 92:3 chromium [1] 143:22 cigarette [11] 60:79; 62:19; 65:20; 73:75; 121:1, 6, 12; 122:19; 129:12, 20, 23 cigarettes [4] 67:20; 74:25; 75:17; 159:9 circumstance [1] 60:5 cited [1 ] 90:9 cites [2] 90:2, 4 City [3] 89:20; 106:12; 1083 class [4] 116:25; 117:1, 4; 165:13 classes [1] 1176 classic [1] 150:1 classified [1] 63:20 classify [1] 752:9 clean [2] 736.-7; 172:21 cleaned [1] 736:2 clear [3] 89:14; 101:17; 113:2 cling [1] 113:22 clinging [1]587 clings [1] 115:19 clinical [1] 76:70 clinically [1] 720:6 clips [3] 24:21, 22; 30:8 clossr [1] 63:5 clothes [1] 742:74 clothing [4] 58 7; 59:13; 120:21; 163:23 co-exist [1] 76:9 codes [1] 26:9 cognate [4] 22:5; 25:75,76; 40:7 cognizance [1] 75:23 Colby [96] 73:5; 74:2, 75,25; 76:4; 19:17; 20:4; 22:1, 8; 23:25; 24:9; 26:25; 27:8, 20, 21, 23; 28:4, 7, 18 35:24; 37:8, 11; 39:73,20; 40:1; 45:10; 4816; 49:8; 50:3; 53:73, 16, 19; 54:6, 14; 55:1, 9, 11; 57:1, 5; 58:5; 60:79,23; 61 *3f 5,18; 63:6,15,19,24; 64:21; 65:9,18,24; 66:22; 67:7,13, 15; 68:5,16,18; 69.5,22; 70:3; 71:9; 72:21; 73:2,15; 74:1:75:7,11; 84:16; 88:5; 101:22,25; 102:2,12,17; 103:23; 118:7; 119:7; 120:11; 124:20,22; 125:10; 126:21; 128:24; 131:6,8; 144:3; 150-20; 164:10 collective [2] 54:2; 126:5 coloring [1] 1484 combination [6] 700:3; 727:24; 756:79; 157:15; 159:21; 162:23 __________________ AH-Wofd maw(37) combinations [3] 56:79; 86:73; 100:2 combining [1] 147:12 combustion [1] 73:74 comfortable [2] 704:5; 161:22 Coming [2] 75:22; 702:22 coming [7] 57:27; 64:75; 96:21; 109:26; 127:5; 130:5; 160:25 comingle [1] 56:76 commenced [1] 67:3 comment [8] 28:27; 57:78; 52:15, 17; 53:4; 78:17; 90:9; 123:21 commented [2] 57:3, 73 commenting [1] 50:24 comments [2] 60:25; 707:76 Commentuecl [1] 75:16 commerce [1] 764:9 comonomer [1] 86:4 Company [1] 171:20 compare [1] 156:10 compared [9] 70:72; 41:19; 42:10; 4814; 60:3; 87:16; 147:10; 151:19; 172:7 complained [2] 70:23; 71:12 complaining [1] 58:8 complaint [4] 50:22; 51:1, 8 complaints [1] 77:8 complete [2] 36:9; 39:9 completely [2] 79:6; 166:3 complex [1] 147:13 complicated [1] 767:20 component [7] 87:7; 63:25; 747:2, 3; 756:23,24; 764;8 components [4] 78:8 80:18; 140:18; 157:25 compose [1 ] 74:27 composed [3] 82:8; 138:9; 140:15 composition [1] 154:13 compound [5] 76:76; 63:20; 78:17; 137:18 739:73 compounds [7] 53:6; 65:74; 66:78; 727:74; 736:72,24; 165:12 comprehensive [3] 17:24; 18:21; 110:14 compressed [1] 757:27 concentration [12] 56:17, 18; 85:13,24; 866; 8815, 16; 984; 9824; 120:24; 130:9; 13814 concentrations [6] 130:7; 140:24; 15818 20,21; 759:3 concept [4] 105:17,22; 107:6; 108:20 concern [3] 63:7; 105:24; 110:9 concerned [3] 17:4; 36:8 75:24 concerning [1] 70:4 concerns [1] 16814 conclude [2] 50:17; 133:8 conclusion [6] 75:3; 62:11; 89:24; 124:24; 131:17; 153:18 conclusions [2] 49:18 702:3 concrete [1] 97:7 concurrently [1] 755:7 condition [3] 74:76; 15:2; UCC 075795 From bursting to concurrently no 107:11 conditioned (2] 90:79, 21 conditioning [1] 93:16 conditions [3] 66:18; 100:24; 139:18 condolence* [1} 9:23 conference [1] 43:2 confidence (2) 75:7,10 confirm [1] 69:27 Congratulations [1] 9:22 Congress [1 ] 705:2 connection [2] 39:13, 20 consecutive [1 ] 9:27 conservative [1] 755:5 consider [4] 76:76; 62:25; 66:16; 149:6 consideration [3] 66:11; 136:20; 138:21 considered [2] 78:3; 100:12 considering [1] 166:12 consistency [1] 79:12 consistent [2] 55:79; 67:70 constantly [1] 120.22 constitute [1] 27:25 constitutes (1] 82:5 consultant (2] 45:20; 46:15 consulting [10)42:5, 10, 13, 23; 43:16, 21; 44:1; 48:15; 161:9, 23 consumption [i] 724:70 contact [5] 20:6,19; 48:25; 133:10; 142:3 contacted (1) 20:70 contain [2] 65:12; 700:72 contained [1] 50:19 container [1] 107:25 contains [6] 24:19; 50:12 22 85:23; 137:17; 140:18 content [3] 90:73; 702:25; 11222 continued [1] 62:2 continues [1] 704:23 continuous [1 ] 66:3 continuum [2] 83:8; 105:11 contract [1] 6218 contracted (1) 119:7 control [5] 31:5; 4221; 65:77; 165:21; 169:3 controlled [2] 100:24; 139:18 controls [3] 28:22; 16224; 169:11 convenience [1] 41.-6 conversation [2] 4:1; 20:16 conversation# [2] 20:21; 57:6 conveyance [1] 107:20 copies [3] 23:21; 31:12; 426 copious [1] 135.-23 CopolymW [1] 745:76 copolymer [14] 64:77,13; 139:8; 145:15,25; 746:31 76, 24; 147:3, 5, 10, 13, 19, 21 copper [2] 150:3,4 copy [13) 4:11; 2211, 18,21; 24:3,25; 25:8; 27:18; 28:16; 30:7; 37:4; 38:16,18 corporals [1] 171:20 Corporation [1] 3:73 corrected [1] 81:12 correctly [6] 1211; 18:14; 67:22; 91:6; 115:17; 119:10 correlate [1] 111:4 conditionad to disagree Cotoy v. Union Carbide corrals* v2] 54:74; 56:70 conflating [1] 50:4 correlation [3] 75:11; 126:11; 160:8 correlations [2] 62:77; 725:79 correspond [1 ] 48:25 Correspondence [1] 23:22 correspondence [8] 5:75; 79:7ft 27, 27:7; 23:17; 30:21; 39:14; 171:8 cost [1] 764:7 coughing [2] 56:8; 70:24 couple [3] 3:18; 43:7; 142:4 course [9] 3. 75; 17:13; 45:17; 63:16; 91:14; 133:2 739:4; 757:6, 72 court [7] 11:2 9, 10, 17, 79, 25; 43:6 courtesy [1)3:27 courts [1] 77:74 cousin [1] 153:25 cover [1 ] 23.fi cover-d [1] 704:2 covered [2] 36:75; 56:6 coworkers (4) 26:15; 50:6; 53:25; 57:24 cradle [2] 106:25; 163:12 CRC [1] 37:23 creams [1] 763:23 crest* [3] 114:10; 126:10; 147:10 created [2] 143:12 150:15 creates (1) 753.-3 cravice [1] 136:4 critical [1)99:6 cross-correlating [1) 50:5 cubic [5] 93:70,20; 95.2, 70; 96:74 culprit [2] 733:6; 755.*6 ctarent [6] 4:22,25; 5:72; 9:74; 4224; 90:10 cunently [1) 116:17 curve (1) 765. 73 CV [4] 4:23, 25; 17O; 18:14 cyclical [1] 121:14 -D- 0-2 [1)2622 D-7 [1] 26.-22 daily [4] 75st, 7ft 759:70 damage \2f4213, 74; 130:8 danger [4] 13ft 10,20; 13211 Dangerous [3] 36:7ft 37:2 4224 dangerous [17] 428,10,18; 502. 7ft 5SL-2ft 60:7ft 6221; 626, IS, 21; 66:18; 66:9,21; 70:11; 150:5, 6 data [20] 2ft72; 29:23; 40:27; 86:11; 90:7ft 7ft 01:70; 70027,22 25; 101:1; 107:7, ft 74; 127:21; 7$fcft ft 17225; 1721,4 data (5) 2224; 24:4; 37.22 66:1; 74:12 dated [10] 21:5; 22:73, 27; 24:77; 30:1; 44:9, 7ft 7220; 7214; 74:13 dating [3] 37:73; 55:7ft- 7 Davidson [13] 27; 16:24; 21:22; 35:7; 44:2 482; 53:12; 65:5; 69:4; 8225; 9222; 1282; 1582 0avidson-1 [1)4:22 Davidson-10 [1)28:6 Davidson-11 [1)29:5 Davklson-12 [1)29:79 Davidson-13 [1) 29:22 Davidson-14 [1)30:5 Davidson-15 (1) 30:77 Davidson-16 [1] 37:9 Davidson-17 [1)31:78 Davidson-18 [4] 47:6; 44:7; 492,71:20 Davidson-2 [1] 23:16 Davidson-4A [1] 65:7 Oavidson-5 [1] 700:21 Davidson-8 [1] 26:20 Davidson-9 [1] 27:4 day [8] 5:22 61:9, 7ft 7ft 75.9; 117:20; 126:17; 136:9 days [8] 47:25; 4212,20,21; 44:25; 167:7ft 27; 762:3 ds-fatting [1] 129:22 dealing [3] 46:24; 47:2 4 deals [3] 9:11; 77:18; 145:11 death (1) 74:73 deceased [1] 57:3 December [12] 27:5; 22:7; 26:6; 29:15; 35:24; 38:7; 38:10; 39:23; 40:19,21; 412; 49:3 Pecker [1] 72&3 decompose [2] 753:8; 154:17 decomposed [2] 750:71; 15215 decomposing [2] 14120; 15220 decomposition [21] 7:7; 129, 17, 22 84:2 134:17; 135:12 136:14; 137:2' 139:7, 12 75,21,25; 140:12 141:2 15; 1421, 79; 1422 6 decreased [1] 16124 deduced [3] 542; 70:25; 16214 deductive [1] 71:7 deep [1] 730:2 defendant [3] 212 26:10; 27:15 dafanaa [4] 12924; 130:2 131:22 158:15 defer [1] 17:5 deferred [1] 16:72 defined [1) Sft-7 definite [i] 184:24 Definitely [1] 117:12 definitely [1] 12623 definition [3] 176:74; 117:5; 15211 degradation [2] 1214; 127 degree [14] 7fttft 55:27,22 25; 56:2 5, 7; 5720; 522 59:6; 60:12 61:1; 15212 167:15 degrees [3] 120:22 1422 14222 dehydrating [1] 729:22 dehydrogenate [1] 79:22 delivery (2) 20:22 212 delving [1] 64:4 demonstration [1] 700:3 deny [1)90:77 dep [2] 68:78; 73:2 Department [1] 90:75 department [5] 9:77; 10:2; 17:14; 41:21; 4214 depend [1] 740:74 depending [3] 720:7; 144:20; 159:1 Depends [1] 137:8 depends [4] 76:18; 1128; 737:5; 14217 depose [1] 45:24 deposed [5] 8:5; 47:76; 46:70; 57:3; 02:74 deposition [39] 5:6; 2215; 25:8; 28:11; 2219; 30:7, 19; 35:11, 14; 40:22 41:1; 43:5; 44:25; 45:1,4; 53:16, 19; 56:22; 61:3, 6; 63:18; 67:7, fft 69:3,5,21; 712; 84:22 921, 11; 97:22; 124:2ft 127:7ft 25; 1224, 12 171:10 depositions [4] 3.-76; 70;7ft26:14; 37:75 derived [2] 89:72; 770:23 descending [1] 59:19 describe [4] 10:17; 702:70; 1122 1524 described [6] 2220; 44:4; 95:17; 104:7; 1521; 154:17 description [7] 54:14; 87:6; 10221,22 1129; 135:19 design [5} 70:3; 93:7ft- 9ftft 75; 162:7 designing [i] 96:2 desk Ml 3ft1 detail [9] 40:12 41:17; 50:12 7222 110:23; 116:25; 710:15; 734:7ft 79 detailed [3) 110:14; 111:1,77 details [4] 222 106:14; 11218 detect [1] 769:4 determination [2] 58:2ft119:11 determine [11] 49:23; 54:2 58:2 627; 70:10; 81:12 87:14; 1029, 7ft 170:5, 27 determined [2] 1122 165:20 determines [3] 777:27; 11212 147:2 determining [1] 757:2 developing [1] 92:2 deviated [1] 100:11 deviation [3] 700:5, ft 7 dichioroetiiytene [i] 150:10 difference [7] 124; 727; 11121; 117:7; 119:17; 139:24; 14214 differently [2] 86:70; 700:79 difficult (3) 27, 7ft 93:24 difficulty (1) 772:79 diffusion [1] 141:22 dire [1)72-3 direct [4] 36:7ft 74:20; 77:25; 107:2 dirsetion [2] 70:ft 104:8 diaagrss [2] 87:1; 759:23 UCC 075796 RCj discovery [1] 53:16 discuss [1] 46:17 discussed [1] 126:24 discusses [1] 75:75 discussion [3] 21:23; 121:17; 171:1 diseases [1] 62:79 disphenol [1] 90:12 dissolved [3] 115:15; 116:3, 13 distance [1] 43:3 distinguish [2] 84:6, 7 distinguishing [1] 42:9 distribution [2] 95:74; 148:6 dividing [1] 53:72 divulgence [1] 763:73 Doctor [1J 37:7 doctor [2] 34:22; 119:11 doctors [2] 78:9; 64:6 document [16] 4:21; 24:2, 9, IS, 16; 29:9, 73; 64:17; 65:6. 8, 12; 70:3; 90:23; 97:22; 123:15; 155:15 documented [1] 723:79 Documents [1] 20:12 documents [21] 4:9; 20:72; 23:20; 25:13; 28:11, IS; 30:20; 38:6, 13; 40:9; 43:1; 50:19; 53:15; 64:16; 68:1; 70:23; 97:17; 102:4; 109:10; 118:6; 123:12 Doesn't [1] 157:11 doesn't [16] 65:74; 85:79; 97:4, 5; 99:4; 702:73, 74; 774:20; 119:20; 120:15; 131:23; 134:6; 739:73; 747:22; 167:10; 172:25 dollars [1] 762:2 domino [1] 53:78 door [1] 97:27 dose [1] 759:22 double [3] 98:73; 131:14; 167:13 doubt [1] 87:4 doubts [1] 92:7 downstream [2] 748:5; 163:17 dozen [1] 37:72 Dr [50] 3:7; 15:14, 21; 16:12, 74, 75, 24; 17:5; 21:22; 24:3; 30:3, 22; 35:7; 44:3, 17, 19; 48:9; 53:12; 62:15, 16; 65:5; 67:23; 69:4; 72:20, 24; 73:14, 25; 74:21; 75:4, 16, 22; 76:5; 80:11; 8225; 84:20; 119:8, 15; 122:2,3, 11, 23; 123:10, 20,21; 126:5; 128:2,14; 129:16; 158:2,14 draft [1] 28:76 drafting [1] 36:7 dramatic [1] 158:19 dramatically [1] 88:74 drank [2] 778:76; 125:1 drawing [2] 15:12; 96:15 drew [1] 62:70 drinker [2] 724:27; 125:16 drinking [3] 63:22; 66:24; 67:2 drinks [1] 75:18 driven [1] 733:73 drums [1] 127:10 Cotoy v. Union Carbide due [1] 745:8 dumped [1] 106:21 duplicative [1] 39:5 duration [2] 56:9; 159:22 dust [9] S5:76; 774:70; 775:3, 6, 9; 135:23; 142:12; 753:8, 79 dustiness [3] 7 73:4; 114:19, 22 dusting [3] 774:20, 23; 753:4 dusts [1] 142:14 dusty [1] 142:13 duties [1 ] 70:4 dynamic [1] 117:20 -E- e.g. [1] 748:27 early [6] 92:70; 111:20; 162:20; 163:5; 167:16; 171:1 ease [1)62:17 easier [2] 26:24; 130:6 easily [3] 100:2; 113:21; 131:14 easy [1] 758:4 edition [2] 37:7, 8 educated [1] 720:5 effect [15] 73:8; 96:78; 122:24; 123:4, 22; 124:5; 129:10, 11, 16, 23; 732:79; 156:21; 157:17; 158:19; 159:11 effecting [1] 166:5 effective [2] 756:25; 764:2 effects [12] 17:20; 31:13; 62:13; 121:17, 23; 756:79; 157:7, 12, 14; 158:7, 8; 159:25 efficiency [4] 95:23, 24; 96/4; 113:18 efforts [1] 163:5 electrostatic [2] 773:22; 114:1 element [9] 55:77, 79; 79:77, 79; 776:6; 740:9, 77; 159:25; 164:24 elements [8] 15:24; 17:17; 82:3, 6, 8; 121:12; 140:5; 156:20 Eliminate [1] 735:4 eliminate [3] 730:4; 152:24; 163:6 eliminated [1] 118:10 eliminating [1 ] 129:25 eleewhare [7] 49:9; 63:7, 8; 72:15; 126:22; 128:11; 172:2 alula [3] 105:14; 141:18; 154:8 eluted [9] 55:76; 73:77; 84:2; 105:19; 106:7, 3; 720:22; 132:7; 149:18 elutes [3] 753:24; 754:5, 78 eluting [1] 147:20 elution [4] 99:72; 105:15; 106:9; 149:7 employed [3] 57:13; 66:4; 72:12 employee [1] 28:73 employees [1] 54:79 employer [i] 72:3 employers [1] 69:74 employment [6] 63:9; 65.25, 66:10; 68:17; 70:10; 84:16 emulsifying [1] 111:25 Emulsion [1] 146:8 emulsion [1] 746:6 enclosed [1] 20:3 encounter [1 ] 148:20 Encountered [1 ] 138:4 end [10] 5:23; 90:3; 93:25; 107:21; 129:14; 130:16, 17; 164:10; 172:6, 18 engineer [10] 14:3; 78:2, 25; 43:20; 96:15; 97:24; 163:1; 164:7; 167:16; 169:19 Engineering [1] 28:24 engineering [27] 9:16; 10:16; 11:11, 12, 13,20; 12:6, 12; 14:20, 22; 28:22, 25; 37:4; 41:21; 43:14; 96:3; 108:12; 119:10; 129:19; 131:12; 156:16; 162:11, 18,24; 168:6, 14; 169:11 engineers [6] 17:13,19; 68:24; 107:19; 165:19; 167:20 enter [1] 81:21 entitled [3] 35:9; 49:24; 74:13 entrapped [19] 55:17; 73:11; 84:2; 99:12; 105:14; 108:2; 110:17; 111:22; 112:10, 22; 115:15; 132:8; 133:1, 5, 9; 141:17, 27; 172:4, 13 entry [1] 17:16 environment [5] 16:2; 17:20; 18:24; 54:16; 99:19 environmental [3] 36:20; 37:22;49:13 EFA [7] 28:11; 29:13; 81:4, 5; 116:18; 123:15; 155:14 epidemiological [2] 79:7, 77 epidemiologist [2] 78:79; 19:73 epidemiology [1] 18:18 episode [3] 59:7,23; 60:13 epoxy [1] 137:6 Epstein [3] 30:14; 44:79; 45:2 equation [5] 770:79; 753:6; 160:4, 5; 168:12 equipment [10] 53:2; 69:11, 73; 94:8; 134:23; 735:1; 738:75; 142:7,20; 166:4 equivalent [1] 56:77 equivalently [1] 59:7 equivocation [1] 93:2 esophagus [1] 120:17 essentially [1] 62:3 establish [1] 736:73 establishsd [1] 78:11 estimate [6] 43:77; 99;20; 725:3; 156:18; 157:2; 161:7 estimated [3] 69:23; 97:75; 703:7 estimates [4] 89:6; 97:21,25; 92:79 et [10] 22:74,22; 104:3, 4; 117:1; 753:4; 170:20 ethanol [2] 73:21; 75:1 ethyl [4] 78:23,25; 79:2,27 ethylena [13] 77:16; 148:10, 15, 19, 24; 149:2, 78, 23; 150:10,22; 151:3; 153:23; 754:4 evaluation [1] 720:5 svsnt [2] 67:27; 160:22 AJHftord inaccOft) i eventually [4] 8:3; 166:15; 167:23; 168:10 evidence [4] 79:1; 707:4; 726:27; 171:6 evolution [1] 7:8 exact [1] 152:22 Exactly [3] 157:19; 160:7 exactly [3] 55:2; 93; 7; 123:7 examination [1] 74:12 examinations [1] 707:8 examined [2] 74:9; 757:23 examining [2] 20:8; 44:15 example [8] 78:24; 79:4; 99:17; 129:12; 131:25; 132:3, 4; 147:3 Except [1] 767:2 except [2] 63:73; 88:70 exception [3] 705:20; 108:10; 136:8 excess [2] 742:4; 148:21 exclude [2] 57:79; 733:3 excluding [1] 144:17 exclusive [2] 162:10, 17 exclusively [1] 112:18 Excuse [2] 37:7; 149:9 exercise [1] 87:18 exhaust [5] 93:23; 94:1, 7; 95:79, 22 exhausting [1] 94:72 exhibit [1] 26:23 exist [7] 15:5; 18:23; 102:12, 14; 104:18; 148:16, 25 existed [1] 702:77 existence [1] 704:20 exists [2] 83:22; 158:17 expand [1] 20:22 expect [1] 101:10 experience [7] 5:72; 78:6; 107:10; 154:3; 155:19; 170:20; 172:24 experiences [1] 728:25 experiment [1] 107:13 experimentally [1 ] 139:3 experiments [1] 82:11 expert [18] a-14; 6:3; 9:5; 10:10, IS; 11:18; 12:1; 14:2; 15:14; 18:6, 8; 35:23; 41:18; 42:2; 45:20; 46:16, 18; 97:18 expertise [6] 13:4, 18, 24; 17:11; 68:2; 159:17 experts [2] 75:8; 99:70 Explain [1] 69:17 explain [3] 727:27; 730:79; 759:74 explained [3] 35:74; 53:79, 21 explains [2] 724:6; 730:78 explanation [4] 102:9; 110:21; 111:1,2 explicitly [1] 702:3 exposed [34] 74:78; 53:14, 23; 54:3, 7, 8, 9; 55:11, 15; 56:24; 57:7; 58:12; 59:1,5, 16; 60:19; 65:19; 66:8; 70:11; 78:13; 104:2; 118:7; 119:4; 120:22; 126:21, 23; 127:7, 8; 129:7; 130:23; 144:4, 8, 77; 172:7 Exposure [1] 46:6 exposure [69] 7:9; 12:15; 13:2, 7, 9, 10,21; 14:8, 15, 25; UCC 075797 From discovery to exposure no 15:24; 16:21; 17:16, 24; 16:23; 19:2; 26:14; 29:11; 53:24; 55:19, 22; 56:3, 4, 12. 16 17; 57:20; 56:4. 25; 59:13; 60:13; 63:6, IS; 65:18; 66:18; 72:11, 21; 89:6; 99:18; 105:18; 118:11; 119:19; 120:10,21; 122:14, 17,19; 127:2,16; 128:16,23; 129:2; 130:20,22; 133:22; 137:7; 149:15,16; 155:8; 158:23; 159:5; 163:7,22; 164:18; 172:3,12, 17,19 exposures [14] 16:4, 6, 16; 64:13; 65:13; 66:15, 21; 68:8; 71:22; 72:5; 121:23, 24; 124:11:157:13 sxpress [4] 14:5, 7; 16:17; 107:14 xpresssd [5] 60:15; 102:24; 105:17; 153:2; 164:17 expressing [1] 14:24 expression [1] 10611 xtsnsivsty [1] 158:23 xtent [9] 17:21; 18:5; 19:4; 57:15; 565; 75:8; 128:21; 140:1; 149:20 xtra [1] 150:14 extracted [1] 118:23 extremely [1] 80:20 extrusion [3] 6:19; 7:8; 48:20 -F- F-o-d--r [1] 2A13 fabrication [1] 29:12 facilitate [2] 158:8 12 facility [15] 21:16; 52:21; 54:20; 7f:1; 84:24; 127:8 8 136:2; 141:25; 142:22; 1519, 14, 25; 153:7; 154:25 fact [27] 11:19,22, 28 15:23; 27:10, 15,'16; 2624; 43:17; 44:5; 53:6; 55:10; 65:16; 71:8; 75:7; 766 97:6 110:16; 111:19; 112:16; 124:9; 12628 132:6 13628 146:17; 151:8; 161:18 factor [8] S5:5; 95:28 06:3; 100:5; 102:14; 130:25; 13819; 134:7 factors [9] 36:20,21; 37:22; 56:14; 111:23; 112:18 159:8 160:6 9 factory [2] 99:21; 150:12 facts [7] 26:10; 27:9; 37:18 51:19; 55:8; 135:16 1719 fair [26] 1610; 1616 167; 19:14; 36:1; 41:8 486 4611; 50:17; 57:7; 6628 91:18 14; 102:18 1086 8 110:1; 111:6 1163; 119:4,6 120:18 125:6, 16; 133:7; 172:20 fairly [1] 161:25 fail [2] 1087; 11825 falsa [1] 136:11 familiar [2] 816; 1063 family [1] 121:15 fan [3] 9823; 94:1; 95:22 faahion [6] 15:21; 41:28 49:5; 51:4; 146:21; 152:15 exposures to growth Coitoy v. Union Carbide fast [1] .13 faster [3] 105:15; 134:11; 150:5 fault [1] 108:24 Fabruary [1] 170:4 fad [2] 106:19; 107:6 federal [2] 116:18, 22 tea [2] 4822,24 faad [1] 107:18 teat [4] 93:79; 95:70; 96:14; 107:25 felt [2] 97:1; 104:5 tenca [1] 8817 AaM [18] 10:15, 16; 14:28 18:7; 19:6; 2623; 69:11; 83:3, 4, 18 984; 99:11; 100:22; 155:18, 22; 167:9; 170:3, 5 fiaWs [1] 75:9 figure [5] 10:23; 986,19; 702:22; 709:8 fila [25] 6:24; 7:13,15; 8:78, 20; 19:18; 21:13; 2810, 13; 23:11, 14, 17; 25:6, 19; 29:20; 39:5, 9; 40:20; 45:14; 49:19; 51:2867:11; 71:3; 77:20; 97:17 filas [4] 2621; 28:6 10; 369 fill [1 ] 5:23 final [3198:72; 753:70; 1787 find [15] 8:6 21,24; 3628 45:18 6819; 64:18; 69:4; 94:25; 107:16 10624; 12814; 127:17; 14618 1865 Fina [5] 37:25; 45:75; 55:7; 12616 14818 fina [5] 4:18 289; 487; 49:1; 84:13 flnaa [10] 85:72; 704:3; 107:18 11817,20; 114:10; 129:26 130:4; 13823 flnqaiprtm [1] 740:7 finish [2] 3:19,21 fire [5] 1814, 16 1816 16 17:24 firm [16] 3:77; 7:11,16,16 69,16 61; 19:28 24; 2616 4617, 19,25; 4625; 47:4; 4618 First [2] 27:77; 137:25 first [19] 19:16 2816; 49:7; 5816 684; 04:16 71:19; 7816 97:18119:21,28 121:28 14228 14816 155:8 15616 1572; 16624; 170:21 firsthand [2] 1264; 1712 fit (2] 1186 1164 Ftva [1] 148:12 flat [16] 23:77; 39:72, 79; 412642:18 2666:10; 100:15; 161:15, 16 25; 1686 6 17021; 171:18 fixad [1] 742:77 flams [2] 747:23; 14816 flap [1] 134:23 floor [4] 95:17; 14818 1586 6 Ftoranca [2] 20:16 160:25 flow [2] $68 9819 flows [1] 135:16 flux (1] 140:10 flying [1] 5621 focus [1)59:75 Fodar [1] 28:73 foWar [19] 285, 7,6 10, 11; 23:16; 24:16 25:10; 26:12, 19; 27:8, 9. 73; 28:7; 29:4, 6; 30:6; 31:10, 19 foldSTS [6] 27:24; 22:2; 26:18; 27:11; 38:7; 64:19 follow [9] 19:7; 41:24; 97:6 112:3; 157:28 162:22; 785:5. 8; 769:2 follow-through [1] 163:10 followed [1] 87:24 Following [1] 20:5 following [7] 57:2; 59:4; 65:9; 89:78; 700:74; 156:7; 166:2 follows [1] 705:27 foot [3] 93:20; 95:8 17 forcad (1)93:20 forever [1] 762:22 forgst [5] 91:14; 109:4; 140:25; 160:8; 165:2 forklifts [1] 127:11 form [4] 151:7, 18 154:11 fornisd [5] 131:22; 139:11, 14, 75 forms [1] 84:15 formula [10] 155:22,24; 1566 11,14, 20, 25; 757:4, 70; 166:8 forth [11] 17:25;281824.21; 70:26 88:7; 91:4; 97:8 159:8 16824; 164:18 171:9 forward [3] 5:8 20:3; 45:23 found [15] 11:6 19; 181; 186 16:21; 50:16 55:7$; 6814, 17; 7616 16 12616 132:16 139:8 15823 Four [1] 7:4 four [IS] 9:8; 366 41:26 4812,20; 44:10; 46:23; 50:75; 56:27; 720:3; 15&8 16818 161:16 1686 170:21 fourth [3] 24:78; 74:23; 1462 fraction [2] 8617; 15622 frame [19] 7:1,4; 10:6 20:22; 42:11; 43:10; 5821; 5824; 54:9; 662, 7; 84:17; 97:28, 101:10; 1088 104:18 14816 762:75; 171:22 free [18] 888 19,26 8813, 28 86:6, 16 20; 87:18 8815; 986; 95:5; 96:20, 23, 708:75; 110:16 141:11; 749:7 frea-teUing [1] 107:25 fresh [1] 94:11 front [4] 28:19; 76:77; 89:2; 155:25 fuels [3] 588 81:18 16 fugitive [1] 83.-74 full [4] 121:28 146161S&8 16121 full-time [1] 170:10 fume [2] 166:4; 169:12 fumes [25] 7:6 17:26 586 87:25; 82:6,16; 134:17,25; 13616 137:2, 8 6 77,18 1369,14; 140:18 1489; 144:4, 6 76, 79; 1464, 5, 73 am Wera mdw(40) -G- gain [1] 170:19 gas [S] 57:70; 57:17; 91:7; 95:20,j 750:9 gaseous [5] 83:3, 19,25; 115:15; 116:6 gasolene [1] 57:17 [1] 20:76 gave 18] 26:21; 67:10; 75:10; 93:14,}l8; 102:9; 1384; 161:11 GC [1] 13623 generated [1] 98:79 [2] 97:12,13 [14] 96:20; 97:7, 9, 11, 14; 98:6, 10,18, 24; 99:16;100:5; 10810; 10825; 109:3 generte [11] 16:20; 53:6, 25; 54:17; 55:79; 63:20; 66:17; 10616:1281; 136:25; 162:21 ganarieaHy [1] 84:12 gsomstrle (1] 732:75 gestation [1] 759:7 gets [2] 705:8; 150:11 [4]GWeon [1] 37:6 Give 10:25;89:1; 158:11 give [16] 9:5; 70:23; 26:16, 26 36:10,26 66:7; 75:6 99:15; 775:3,6,9; 726:72; 758:79; 159:16 given 112] 65.6 73:28 87:17; 10621, 735:7, 75; 137:11,14; 13614 141:6 150:28 757:3 gives [2] 69:10; 100:5 giving [2] 73.4, 10811 glass M] 753:79 glean |3] 49:20; 63:78; 71:9 gleaned [2] 64:7; 75:12 glove ]2] 136:3; 166:4 glue [12] 135:6 9; 136:18,19, 21, 25; 137:5. 6 9. 15, 17 go-around [1] 3.-75 goes pi] 79:79; 4A-73; 61:20; 108:9; '56:14, IS; 165:6 8, 13 Gotlob [10] 24:25; 28:15; 87:22; *00:20, 23; 101:4; 111:5, 18 138:28 14921 Goodman [21] 15:14,21; 16:18 14, IS; 17:5; 24:6 i:77; 67:23; 7820,24; i; 74:21; 75:4,28 1:77; 779:8, 75 Goodrich [5] 171:16, 19,25; 172:5,23 gotten h] 1202 Government [1] 1052 government [3] 29:7, 16 11622 | grading [1] 165:10 grave [1] 16813 gravity [3] 106:19; 107.-6 18 great [4] 10620; 119:14; 140:1; 16811 greater [5] 64:72; 786; 09:18; 157:1,25 group [2] 87:28 167:14 grouping [1] 84:73 growinti [1] 17:19 growth [1] 16825 UCC 075798 no____________________________ guus [3] 23:17; 126:13; 127:24 -H- habit [3] 63:27, 22 habitual [3] 124:22, 25; 125:15 half [10] 61:9, 19; 75:9; 86:2, 16; 97:6; 98:14; 126:17; 139:16; 141:1 hall [1] 69:79 Hammond [2] 62:76; 726:5 hand [2] 114:4; 153:16 handlad [4] 106:11. 15, 17; 149:17 handling [14] 706:5, 6; 107:10; 113:9; 114:7, 9. 16; 752:75, 25; 153:1, 7, 10; 154:17; 163:17 happans [1] 135:22 Hard [1] 47:1 hard [5] 17:10; 152:10, 11, 13; 164:2 Hardin [1] 3:11 harm [1] 49:13 harnesses [1] 111:15 hash [1] 3:24 Havan't [1] 154:6 haven't [11] 44:21; 71:5; 74:16; 78:15; 80:9; 87:5; 90:22, 23; 100:11; 123:24; 124:3 hazard [1] 101:12 hazards [1] 763:6 HCI [5] 736:2; 740:3, 27; 750:9, 11 ha'll [1] 5:2 head [3] 4:5; 164:7; 169:5 Headaches [1] 70:7 Health [2] 31:7; 122:6 health [1] 27:14 healthy [1] 130:21 hear [1] 97:6 heard [3] 72:77; 67:22; 70:18 hearsay [1] 93:74 heat [29] 73:6; 53:9; 56:9; 81:25; 82:6, 77, 16; 84:3; 99:23; 134:23; 135:1, 5, IS, 21; 736:5, 17; 137:12; 138:14; 140:10; 141:24; 142:7,20; 143:12; 145:8; 148:17,21,22; 154:20 heated [3] 136:22; 137:15; 142:4 heating [1] 93:15 heavier [2] 95:27; 159:8 Heavy [2] 53:2; 744:7 heavy (7] 69:70, 73; 73:20, 21; 75:1; 130:19, 21 held [1] 72:3 help [1] 68:22 helpful [2] 66:19; 70:12 Henry [1] 128:15 hereditary [1] 730:25 hermetically [1] 87:21 high [7] 56:76; 85:74; 95:17; 109:24; 111:9, 18; 772:75 higher [11] 99:75, 76; 707*73; 703:70; 705:74; 709:2. 3; 111:4; 756:79; 172:20, 22 Colby v. Union Carbide honest [3] 107:21; 112:21, 24 highlighting [1] 30:9 Highly [1] 167:24 highly [16] 703:8; 110:17; 122:10; 132:12; 159:6; 165:1, 3; 166:14; 167:7, 20, 22; 168:2, 8, 10; 169:6 history [37] 5:9; 23:25; 24:9, 76; 25:9, 73; 50:4, 5; 53:20, 24; 57:8, 10; 60:23; 61:24; 62:2, 11. 21;63:1, 11;64:1S, 21; 65:6, 70; 67:2; 71:10; 72:21; 76:11; 113:8; 118:11, 13; 119:3, 19; 122:16; 165:8; 166:12; 167:3; 168:23 hitchhiking [1] 764:9 hold [2] 79:72; 42:77 Hollingshead [2] 3:10; 30:1 home [5] 36:2; 53.22; 58:7; 103:24; 120:21 Homo [1] 746:6 homo [2] 745:25; 146:2 homopolymer [5] 745:75, 20; 146:18; 147:3, 10 hood [2] 166:4; 169:12 Hospital [1] 75:2 hospital [3] 67:15; 74:22; 125:7 hospitals [2] 67:16; 68:6 hot [5] 735:6, 23; 136:12; 140:9; 150:12 hotter [1] 99:22 hour [3] 43:5,6, 7 hourly [3] 43:76, 79 huge [2] 86:13 human [1] 78:70 humans [10] 77:2, 3, 7,74; 76:4; 80:17; 117:14, 18; 118:9; 121:10 hundred [2] 65:72; 742:5 husband (4] 53:22; 57:6; 69:9; 103:24 HVAC [2] 93:75; 700:4 hydrocarbon [3] 137:18; 138:12; 140:21 Hydrochloric [1] 738:2 hydrochloric [1] 138:4 hydrogen [7] 84:72; 737:70, 14, 20; 138:10; 145:7; 148:20 hygiene [2] 40:7; 54:16 Hygienists [1] 705:3 hypothetical [1] 132:17 -I- I'd [2] 27:23; 117:5 I've (18} 5:70; 9:20; 11:22; 44:24; 78:5; 79:15; 80:5; 81:7; 95:25; 96:1; 97:16; 116:24; 118:12; 136:25; 152:7; 158:22; 160:16; 163:1 i.e. [6] 71:17; 104:12; 124:25; 166:1; 167:21; 172:8 idea [2] 724:76; 158:7 identical [1] 55:15 idantmed [6] 16:20,41:2; 72:19, 24; 75:24; 87:3 identifies [1]23;9 identify [4] 21:9; 27:12; 138:19; 139:2 identifying [1] 24:2 ignored [1] 707:74 ignoring [1 ] 71:24 ill [1] 62:4 Imagine [1] 746:7 7 immediately [2] 150:11; 170:2 impact [2] 120:10; 146:18 Implantations [1] 76:24 important [14] 18:21; 45:9; 56:11, 14; 95:11; 99:9, 11; 105:5, 13; 779:23; 136:20, 21; 136:21; 163:15 impression [1] 44:75 improvement [1] 762:6 in-between [4] 56:79; 83:6, 7; 105:7 inches [1] 95:77 incident [4] 59:5, 77; 777:79, 24 include [1] 60:79 included [1] 523 Includes [1] 63; TO Income [4] 43:72, 75, 25; 767:7 Incorrect [1] 108:7 incorrect [7] 80:73; 96:7; 108:6, 8, 14; 114:11 increases [3] 706:8; 130:15, 16 increasing [2] 700:4; 747:27 increasingly [1] 168:24 independent [3] 43:27; 87:13; 100:8 indicate [9] 22*2; 28:20; 61:20; 65:14; 108:5; 141:14; 150:22; 154:4, 24 indicated [12] 15:24,25; 22:14, 15; 30:3; 45:2; 58:6, 15; 84:22; 110:25; 118:12; 158:14 indicates [5] 73:20; 74:25; 86:12; 172:2 12 indication [2] 128:22; 166:13 indigenous [2] 147:8, 11 indirectly [1] 707:23 individual [3] 156:23; 157:2, 25 individuals [4] 55:75; 56:21, 23; 724:7 Industrial [1] 37:2 industrial [5] 40:7; 76:11; 166:1; 170:6,19 industrial [1] 762*9 Industry [2] 705.-2; 162:22 industry [9] 27:14; 31:6; 162:25; 164:14; 166:25; 167:20; 168:7; 170:9, 11 industrywid# [1] 162:20 insfficisncy [1] 770:75 insrt [2] 732:74, 75 infer [1] 96:10 inference [2] 15:12; 96:11 influence [2] 777:23; 163:12 information [31] 17:23; 19:5; 53:5, 13; 54:5; 58:2; 61:23, 25; 63:25; 64:12; 65:9; 67:10; 70:13; 75:19; 81:23; 88:3; 96.5; 706:3, 77; 109:13; 110:4; 117:22; 118:6; 120:8; 125:10; 146:15; 150:18, 22; 154:23; 764:76; 772:24 UCC 075799 AJMNWd Ift0#x(4t) ingested [1] 720:76 ingestion [1] 163:22 ingredient [1] 167:5 inhalation [2] 132:2; 163:22 inhaled [3] 120:16; 129:21 inhaling [1] 157:20 inhsrsnt [3] 73:70; 50:8; 147:11 inherited [1] 760:4 initial [2] 108:25; 119:12 Initially [1] 67:14 initials [1 ] 22:6 injured [1] 7:19 injuries [1] 78:23 injury [3] 6:27; 7:22; 732:73 input [1] 93:15 inquiries [1] 64:70 inside [3] 56:7; 94:70; 753:79 inspect [2] 107:3; 153:17 inspection [1] 736:7 instance [4] 77:22; 72:4; 53:14; 59:15 instances [4] 77:9, 17; 12:5; 59:14 instant [1] 98. 22 instituta [2] 31.7; 122:6 instruct [2] 3:25; 769:75 instructions [1] 3:17 instructs [2] 157:3, 9 insulation [1] 79:3 intake [2] 73:21; 75:1 intelligent [1] 111:17 intended [4] 35:75; 84:10; 88:19; 755:9 intention (2] 11:18, 25 Interchangeably (1] 73:10 interchangeably [1] 73:9 interest [2] 28:20; 64:18 interested [1] 26:7 intermediate [2] 77:10; 164:10 internal [3] 112:2, 5; 143:5 intsrphase [1] 131:13 interpret [1] 119:9 interrogatories [11] 26:74; 27:19, 20, 21, 22, 25; 28:1; 29:20; 52:19; 57:13,* 89:9 interrupt [2] 78:10; 93:9 interruption [1] 5:24 intersection [3] 75:77; 76:79; 17:3 intersections [1 ] 74:22 interviewed [2] 64:6; 123:17 intimate [1] 142:3 invaded [2] 116:7; 119:24 invader [i] 732:2 investigation [1] 97:22 inveterate [2] 724:27; 130:10 involve [1] 57:77 involved (16] 7:3, 5,24; 9:25; 10:3; 13:14, 24; 19:16; 43:3; 46:9; 48:10; 54:1; 98:8, 9; 127:10 involvement (1] 79:20 involving (13] 6:3,20; 19:10; 21:16; 48:20; 56:20; 59:5; 67:15; 121:1; 150:21; 168:16; 171:25; 172:16 irritant (4] 132:21,25; 137:23, 24 Irving (1} 122:2 From guess to Irving RCI Isopropilidene [1] 52:4 isopropilidene {3] 52:12, 23; 80'8 issue [6] 80:3; 105:16; 134:16; 144:21; 157:9; 171:21 issued [1] 24:12 tom [3127:2; 30:7; 167:8 toms (2) 28:20; 90:19 - J- jar [\] 152:5 jars (1 ] 87:20 job [5] 18:6; S7:14; 60:6, 9; 120:7 jobs [3168:24; 69:24; 70:4 Jonas [1] 29:70 Jossph [1] 122:5 Journal [2] 164:25; 171:23 journal [2] 28:25; 29:16 journals [1] 28:23 Jr [1} 22:23 judicial [1] 43:22 July [5] 22:70, 12 21; 74:12; 75:3 jump [1] 128:12 Juns [1] 44:9 -K- kaap [4] 4:3; 35:8; 89:4; 141:19 kinds [4] 46:7; 84:23; 118:16; 137:6 Kipp [1] 2*12 Knowing [1] 53.24 knowing [1] 53:25 knowledge [71] 108:14; 123:21; 126:9; 129:6; 163:4; 167:4; 168:9; 171:2, 5, 13, 15 -L- L-e-f-e-u-x [1] 37:21 lab [1] 700:23 labal [1] 27:18 Labor [1] 90:16 laboratory [1] 92:5 lack [3] 103:16; 114:18, 22 largo [2] 113:19; 144:19 larger [1] 110:25 largost [3] 86:76, 17, 18 last [19] 4:10; 5:7; 6:25; 9:8; 11:6; 26:19; 31:10; 41:16; 43ft 10; 45:23; 117:21; 126:19; 131:5; 148:1; 161:12, 15; 162:4 lastly [1] 53:8 lata [3] 5:8; 153:17; 163.9 Latasbara [1] 155:19 latter [1] 147:11 laundry [1] 36:10 law [5] 3:77; 7:77; 8:9,13; 9:1 laws [1] 705:27 lawyers [3] 46:25; 47:3,5 layers [1] 56:22 layman [2] 116:6; 140:12 leached [4] 83:21; 105:10; 147.-23; 154:25 laachaa [2] 148:3; 154:4 leaching [1) 172:4 leading [2113:9; 92:18 laopropiiklene to millions Colby v. Union Carbide iaeds ( :25 learn [3] o3:14; 68:15; 70:2 Lofaux [2) 37:15,21 length [2] 5:70; 56:3 lessor [1] 738:72 letter [5] 20:7, 5; 23:18; 38:14; 90:14 letterhead [1] 23:8 86ft 132:10 tower [12] 85:17; 99:17; 101:10; 112ft 130:7, 9; 133:9; 158:17, 21; 164:21; 165:4 Lubricants [1] 87:73 lubricants [2] 53:3; 81:15 lunch [I] 161:5 lung [1] 121:25 level [5] 60:25; 62:2; 83:15; 926; 150:22 levels [2] 754:24; 172:19 Levinson [31] 3:23; 4:8; 5:1; 7:16; 9:3; 14:5; 19:22, 24; 20:2,6, IS, 19, 21; 21:1; 24:10, 17; 25:10; 27:6; 30:15, 21; 38:4; 40:1; 45:17, 79,25; 46:17, 25; 64:11. 15; 71:10, 21 licensed [1] 43:20 life (2] 70:9; 147:23 lifetime [2] 63:77; 64:7 lifted [1] 106:21 light [1] 126:18 likelihood [3] 726:75; 130:15; 167:22 limit [5] 164:18, 21; 165:5, 14, 18 limited [3] 92:5; 738:70, 78 limiting [1] 115:5 line [71 77:77; 67:75; 69:8; 74:23; 83:12; 127:4; 128:7 tinea [2] 728.-20; 748:72 lingers [1] 133:21 lining [1] 128:8 link (1) 124:10 list [12] 17:16; 36:10, 15; 49:16,18; 502; 60:18; 81ft 3; 118:1, 2; 738:75 listed [15] 93:11; 116:16,17. 22,24,25; 117:3,17; 118:1, 15; 121:1,2,4, 7; 155:14 lists [2] 49:23; 89:23 literal [1] 155:16 literature [45] 14:19,21; 19:3, 8, 12; 29:7; 31:13, 19; 40:7; 49:25; 77:5,12; 78:3, 20; 79:13; 80:1,2,15,23; 82:10; 90:8; 122:3; 123:4; 129:25; 131:9, 11; 737:7; 739:4, 17; 154:3; 755:3,10,11; 165:5; 167:3; 168:13, 15, 17,20; 169:1, 2; 172:2,12 litigation [8] 8:4; 41:19; 42ft 5; 46:10,13,20; 89:17 litigations [1] 150:20 live [1] 164:20 living [1] 737:73 Local 60:13; 81*10 local [7} 83:2,4,9,13, IS; 94:7; 165:21 located [2] 44:77; 94:5 logic [2] 759:24; 763:14 looks [3] 21ft 23:3; 74:17 Loomus [3} 24:77; 3Oft 3 loss [1] 119:2 tosses [1] 706.7 lost [1} 97:2 lot [9] 74:18; 78:5; 96:1; 106ft 114:16; 118:24; 130:20; 141ft 164:15 low [5] 56:18; 80:20; 85:23; lungs [2] 779:72; 730:3 - M- machins [1] 735:22 machinery [3] 53:2; 56:9; 742:70 machines [2] 748:22, 23 magical [1] 83:72 magnified [2] 703:76,17 magnitude [4] 55:24, 25; KA-A- main [3] 17:11; 155:10; 159:25 maintenance [2] 54:24; 55:8 major [8117:12; 137:13; 145:5; 146:9; 149:6, 14 make-up [2] 76:20; 86:9 MaUko [19] 14:17; 22:14,2ft 23; 23:1, 6; 26:9; 27:17, 18; 35:73, 18; 37:3, 13; 54:5; 56:20; 92:12; 103:22; 152:4; 168:17 man [2] 54:24; 55:6 management [4] 762:11,17; 163:11, 12 manufacture [11] 88*22; 105:7,18; 106:12; 108*2* 713:11; 174:6, 9; 147:15,16 Manufactured [1] 748*77 manufacturer [3] 8-74; 72:4; 96:14 manufacturers [2] 170:24; 171:14 manufacturing [10] 36:79; 37:22; 774:12; 762:8; 764:14; 166-1, ft 2ft 772.fi, 18 Mareh [2] 22:9,13 mark [5] 27:24; 22:4; 23:16; 31:17; 41:7 marked [21] 4:22; 22*5; 26:9, 12,20, 22; 27:3; 28:5, 7; 29:4, 78; 30:5; 31:15, 19; 35:21; 38:7; 44:7; 49ft 64:20; 65:7; 71:20 marketplace [1] 769:13 marking* [1)26:79 massage [1] 104:8 massaged [1] 96:17 material [20] 20:3; 29:23; 49:20,22* 58*7; 59:18; 68*72* 70:2; 72:4; 76:17; 77:16; 78:21; 84ft 88:4; 106:10; 708*77; 114:19; 130ft 143:18 Materials [3] 3618; 37:8* 49:25 materials [51] 72*77; 79:4; 20:8 16; 21:10,2ft 22:3; 261; 35:8,2ft 2ft 364,11; 38.0; 39ft 40:13, 18; 44:4,11; 46ft 49:8, 70, 17, 19,50:3, 8,9, 18, 23; 51:23; 54:1,13,17; 55:14; 58*4. ?8* 60:18; 61:22; 63:7, ah-wcto mo*9U42> 16; 65:17; 66:9, 22, 68:7; 76:20; 78:9,12; 106:4; 143:23; 150:19; 165:6 mathsmatical [1] 155:20 matter [12) 3:13; 10:13; 77:23t* 24:20; 25:7; 30:8, 14; 39:10; 40:1; 74:1; 119:20; 129:21 main [24] 76:3; 42:1; 49:10; 53:14- 56ft 58:14; 786; 82*2* 96:7; 178*73; 727:21; 124:19; 127:1^; 129:13, 15, 16; 133:3; 737:2k* 138*78* 139:20; 151:1p; 159:9; 162:19; 168:9 meaning [2137:20; 749:74 [81 73:71; 83:70, 13; 89:79i* 112:17; 11623, 2ft 116:T meant [3] 47ft 56:3; 129:17 measure [3] 87:7; 92:8; 113:17 \2] 139:16, 19 jrement [3] 90:25; 151:5 90:22 iism [3] 7272; 158:15 \ism* [4] 75:8* 72:7; 130:3 [41] 14:14, 20,2ft 15:4, 1ft 1ft 17:3; 78*9; 24:70; 26:13; 30:ft 12,13; 44:8 16; 64:1; 67:11, 21; 70:18; 71:1, 1ft 17; 72*20; 719:71; 720:4, 8 9; 124:14, 18; 125ft 129:24; 130:5; 731:2* 150:16, 19; 160:10; 16614; 167:9; :l\. illy [1] 75:7 [1] 123:18 [1] 130:7 (1] 7:14 [3] 127:13, 20, 22 112} 50:2; 87:18 j|y [1] 60:17 mi [1] 73:1 mentioned [6] 72*7; 73:2; 76:5, 70, 74; 137:10 mesothelioma [2] 62*78* ^^[IJ 144:19 [11144:7 [1] 179:73 [3] 99:14; 107:17; 111:24 [2] 107:19; 708*78 micron [1] 85:12 microns [2] 862ft 865 microscopic [1] 772*7 microscopically [1] 82*10 mid [3] 84:15; 154:25,-171:1 middle [4] 728*79; 732*77; 758*6 [25] 85:14, 15,25; fa 87:11; 92ft 93:3; 100ft 7; 101ft ft 72* 104:1ft 10619; 18 20; 111:7; 139:1ft il:2 [1] 86:12 UCC 075800 RO___________________________ mind [4] 70:21, 22; 155:11; 158:2 min* [1] 144:10 minute [5] 93:79; 95:70; 96:74, 22; 759:5 mi* [1] 744:23 miscellaneous [1] 29:7 mishaps [1] 58:18 misheard (1] 70:20 mislead [1] 127:14 misread [1)40:76 missing [2] 96:75; 750:2 misspelled [1] 71:23 misunderstood [1] 170:12 mixed [-1] 85:21 mixes [1] 770:75 mixing [1] 145:18 mixture [2] 85:20; 157:1 modalities [3] 762:77, 18, 21 model [9] 92:6, 24; 103:6; 110:10, 11; 111:3, 10, 11 modeled [l] 111:16 modem [1] 93:76 modes [2] 17:15, 16 molecular [1)63:75 molecules [2] 71$:3, 4 moment [13] 10:17; 12:7; 76:73; 26:79; 35:70; 45:22; 70:18; 89:1; 106:17; 114:8 128:14; 129:10; 134:9 monochloride [1] 140:18 Monomer [1] 51:7 monomer [86] 6:4; 9:12; 10:5; 50:14; 51:10, 11, 13; 55:16, 17; 73:11; 77:9, 13; 78:22, 24; 79:11, 16, 22; 80:3; 82:13; 83:3,20,21, 22,25; 85:10, 13, 20,23; 86:6, 18, 20; 87:2, 12, 15; 88:15,21; 89:7; 92:6; 93:4; 96:21, 24; 99:73; 102:25; 105:10,14; 108:15; 110:17, 18; 111:22; 112:14; 116:16; 118:23; 120:15,18, 22; 123:9; 132:8; 140:4,19,22; 141:7, 11, 14,21; 145:2, 21; 147:21; 149:7.10.18,19; 150:22; 151:3:154:4,18,19,24; 163:7,13,16; 164:4; 167:7 monomers [1 ] 745:20 month [12] 42:1,13; 43:10; 66:5; 86:11, 13; 87:9; 161:18; 162:4; 170:17, 18 months [4] 158:24; 161:8; 170:10,19 moot [1] 23:27 morning [4] 3:7, 8; 41:3; 67:23 motion [1] 107:23 motor [1] 96:74 Mount [1] 726:6 mouth [1] 779:25 move [2] 10:7; 95:6 Mrs [23] 28:78; 53:76, 79; 54:74; 57:5; 58:5; 61:2, 5. 18; 63:79, 24; 67:6, 12; 68:18; 69:5, 22; 77:9; 73:1, 2; 75:11; 103:23; 124:22; 125:10 Ms [1] 728:2 MSOA [1] 87:20 mucous [1] 730:7 Colby v. Union Carbide n.uitiple [4] 155:6; 156:19; 157:13; 170:6 multiptes [1] 172:20 mutually [2] 762:70, 17 mysatf [3] 700:3; 113:23; 149:4 -N- naked [1] 59:73 name [6] 3:70; 8:8; 44:8; 48:24; 52:7; 171:20 namely [1] 139:2 names [1] 37:18 National [2] 37:6; 122:6 natural [1] 158:15 nature [17] 7:21; 43:3; 57:22;. 91:9; 115:1; 119:7, 18, 21; 127:15; 136:8; 143:11, 15; 146:19; 147:7, 19; 151:12; 759:2 neighborhoods [1) 63:7 7 newly [1] 737:22 nine [2] 170:17, 18 NIOSH [4] 28-12; 29:9; 155:14, 15 nitrogen [1] 744:24 Nitrous [1] 144:24 nods [1] 4:5 non-solvent [1] 90:77 Non-uniform [1] 153:14 nonsmokers [1] 730:24 normal [1)43:7 Northwestern [2] 169:20, 25 nose [2] 120:1; 138:1 nostril [1] 120:17 note [2] 44:6; 162:13 notes [14] 23:10; 24:8 23,24; 25:7, 11, 17; 61:2; 69:2; 92:22; 94:24; 122:21; 125:3; 161:2 Notice [1] 30:19 notice [1] 43:23 Notorious [1] 732:5 November [2] 24:77; 30:1 nowhere [1] 99:74 Number [5] 11:21; 39:4, 8, 12, 79 number [40] 11:21; 26:18, 24; 2821; 3824; 39:1; 40:6, 12; 41:8; 50:13; 89:11; 90:8 12, 14; 92:22; 982, 3,6, 7; 95:7; 97:1; 98:12; 101:7; 104:7; 10821, 22; 109:2, 25; 110:2; 111:4; 112:23; 113:1; 117:22; 125:13,15; 126:12; 161:10; 169:1 Numbers [1] 777:6 numbers [14] 87:14, 17; 88:7; 90:4, 7; 91:12; 101:15; 108:10; 110:28 24; 111:9, 12, 18 -o- oath [1)43:6 objection [1] 3:23 oblivious [1] 79:7 obtain [2) 50:2; 64:12 Obteinsd [5] 27:70; 52:78; 53:72, 75; 769:24 obvious [1] 75:79 Obviously [2] 6:6; 50:13 obviously [1] 71:25 occasion [2] 6:2; 52:9 occasions [1] 3:70 Occupational [1] 31:7 occupational [5] 62:73; 727:24; 122:17; 724:77; 755:5 occur [2) 129:15; 147:9 occurred [2) 37:12; 147:20 occurring [1) 73.8 occurs [1} 745:7 October [9] 6:7, 9:9; 79:79; 20:2; 22:24; 23:4; 24:79; 67:24; 89:4 offhand [3) 36:24; 125:4; 130:13 office [2] 5:7; 64:16 Oh [5) 70:23; 49:20; 702:20; 728:8; 133:21 Okay [37] 5:17, 24; 8:23; 22:5; 23:24; 26.8; 28:3; 30:79; 37:11; 41:5; 44:3; 45:12; 53:11; 64:3; 68:15; 70:17; 71:4, 79; 76:13; 92:16; 99:1; 115:14; 116:12; 126:3; 12818; 129:9; 131:4; 133:7; 734.-9; 744:79; 749:3; 151:11; 156:4; 160:18; 170:12; 173:6 okay [2] 5:25; 84:21 old [2] 150:8; 158:25 oncology [1129:8 ones [2] 75:24; 139:1 onset [1] 729:73 open [8] 31:12; 58:20; 131:21; 132:11, 17; 135:21; 136:9; 152:7 opens [1] 91:21 operating [1] 68:23 operation [7] 107:4; 144:14, IS; 145:3; 150:23; 151:4; 152:21 operator [11] 7:9; 5813, 14; 59:6, 16;60:5, 14; 69:10, 12; 169:15 operators [4] 56:11, 17; 111:15; 139:1 opined [1] 722:78 opinion [27] 3:74; 6.3, 7; 7:12; 9:6; 12:2; 14:4, 14, 24; 16:17; 17:6; 22:1; 66:12; 71:21; 74:7, 8, 9; 81:22; 87:16; 119:17; 122:1,2; 133:20; 135:16; 153:3; 155:17 opinions [4] 74:8, 70; 75:20; 71:25 oral [2] 20:20; 40:1 orally [1)65:77 order [17] 77:70; 17:23; 282; 38:9; 50:1; 55:28 25; 583; 59:8 64:11; 70:7, 10; 81:18 105:9; 110:4; 115:12; 132:10 organ [2] 119:20,22 organization [1] 704:24 organs [i] 779:73 origin [4] 106:6, 12; 108:23; 113:15 original [3] 25:25; 4814; 50:25 origination [1] 89:20 OSHA [9] 28:72, 76, 17; 81:5; 104:18 20; 116:18 122:8, 9 OTD [52] 21:16; 50:3; 54:20; UCC 075801 AIMNOtf tno*X(*3) 63:9, 16; 64:13; 65:10, 73, 79. 25; 66:4, 10, 23; 67:4, 12: 68:17; 69:9: 70:4, 19; 71:12. 17; 72:3; 84:16; 89:21; 91:12; 105:8, 78; 106:2, 13, IS, 17; 111:13; 126:23; 127:3; 128:10, 25; 129:4; 141:25; 144:5; 145:23; 146:12; 148:6; 150:21,24; 151:13,25; 152:21; 153:7; 154:25; 163:18; 169:12; 171:8 ought [5] 22:18; 71:13; 87:16; 103:15, 17 outer [1] 115:24 outline [1] 734:72 outlined [1 ] 53:20 outlines [1] 707:22 outside [11] 42:7, 11, 13, 18, 23; 43:15; 44:1; 63:8; 99:22; 161:9, 23 overlap [2] 740:2,20 overlooked [1] 749:5 overnight [1)43:4 overview [1] 29:8 oxide [1] 744:24 Oxides [1 ] 744:24 oxides (1) 744:24 oxychiorination [6] 748:9, IS, 24; 149:1; 150:1, 16 Oxygen [2] 740:23; 750:8 oxygen [1] 740:23 -P- pack [6] 67:9, IB, 19; 75:18; 126:16, 17 package [1] 121:3 packaging [1] 57:15 pecking [3] 53:9; 82:7; 736:5 pecks [6] 67:76, 78; 74:25; 75:9, 17 Page [3] 67:73; 89:2; 91:19 page [34] 28:19, 21; 35:11; 37:3, 13; 40:6; 44:10; 61:15; 69:8;71:20; 7819; 74:21; 82:25; 84:4; 89:7, 16; 110:8; 115:14; 121:16; 128:8 12, 19; 131:4; 133:16; 134:15; 738:9; 145:16; 148:7; 155:2; 160:12; 162:6, 7, 10 pages [7] 23:77; 25:76; 61:14; 100:15, 21; 101:4 paints [1] 171:10 Pak [2] 766:3; 769:74 pak (1) 769:76 Paks [1] 763:79 paper [5] 23:11; 24:21, 22; 30:8; 90:9 Paragraph [1] 50:25 paragraph (23) 49:7; 57:7; 63:5; 72:18; 73:19; 74:24; 75:15; 76:10; 121:22; 124:9, 20; 125:20; 126:20; 131:5; 133:18; 138:8; 145:17; 148:8; 155:3; 157:6; 158:1, 6; 162:14 parallal [2] 25:23; 168:23 paraHaling [i] 768:74 paraphrased [1] 755:76 paraphrasing [1] 92:17 pardon [i] 40:76 park [2] 703:8; 126:17 From mind to park acj___________________________________ Part [2] 74:3, 9 part [38] 13:17, 18; 17:18; 18:1; 43:6; 57:9, 10; 63:11, 13; 64:16; 69:20; 79:21; 83:18; 86:7; 87:11; 101:3, 6, 19; 102:4; 107:14; 109:1, 6; 116:1; 118:11; 120:9; 121:6; 122:14; 124:25; 126:19; 132:16; 137:24; 139:13, 16; 141:1; 144:10; 152:4; 170:13 partial [1] 17:21 Particle [1] 173:20 particle [35] 84:1; 85:12; 88:21; 89:5; 99:13; 104:3; 105:5. 6; 106:7; 107:12, 15; 108:16; 110:17; 112:1, 2, 4, 5, 14, 18; 113:17,20, 23; 115:16; 116:7; 120:1; 129:25; 130:4; 133:23; 134:8; 140:11; 141:5, 6; 143:4; 153:9, 14 particles [19] 56:7,20; 85:22; 86:5; 94:13; 99:7; 107:23; 113:19,25; 116:7; 118.21; 120:3, 14; 126:22; 130:4; 136:11; 142:12, 13, 15 parts [18] 85:14, 15,25; 92:6; 93:3; 96:25; 98:9; 100.-6, 7; 103:72,13; 704:16; 708:79; 109:7, 20; 111:6; 152:17 pass [1] 78:18 patlant [3] 73:20; 74:25; 75:17 pattam [3] 167:4; 168:12,20 patterns [1] 18:22 paaks [1] 138:24 PEL [3] 155:4; 156:24; 757:1 Pallat [1] 154:12 pellet [8] 157:24; 152:9, 14; 153:6, 12,15; 154:5, 11 Pallate [1] 151:15 pallata [4] 749:24; 753:76; 754:14 paopla [19] 9:23; 18:10, 23; 44:16; 62:20; 71:1, 72; 111:19; 12210, 11; 124:14; 130:19, 20, 22; 155:16; 159:19; 163:21; 166:14; 171:9 parcaiva [1] 72:14 parcant [16] 43.24,25; 85:8, 17; 86:2 16; 95:24; 96:4; 98:13; 100:4; 155:16; 161:10, 16; 162:1; 163:19, 21 Parcantaga [1)43:17 parcantaga [5] 43:12; 86:14, 21; 161:7, 13 parted [8] 21:6; 50:6; 53:20; 922, 9; 101:8; 111:20; 159:1 parloda [3] 158:18, 20,21 parmlttad [1] 8:25 parson [3] 97:19; 12216; 156:14 parsonal [2] 6:20; 25:9 Parth [4] 27:11; 84:24; 97:3; 106:13 parUnant [2] 228; 6211 Paterson [31] 2212 2211; 24:12 20; 26:7,9, 20; 29:20, 23; 30:8, 13,20; 37:27; 45:1, 3; 54:5,22 55:2 56:21; 89:4, 17; 1025, 10, 11; 103:22; Part to proposition Colby v. Union Carbida 127:1,2, -:4,21, 23; 134:19 Ph.O. [1] 769:24 Phanol [2] 737:25; 732:3 phanol [5] 79:24; 60:76, 25; 67:1; 132:4 phanola [4] 52:73, 17, 25; 81:9 phlagm [1] 70:24 phona [1] 43:2 phonatic [2] 90:75; 155:20 photograph [1] 106:18 photographs [1] 152:6 photos [1] 26:14 phrssa [5] 49:70; 52:12; 73:3; 105:11; 143:1 Physics! [1] 37:20 physical [9] 13:10; 15:6; 49:21; 50:7; 53:21; 106:6; 113:8; 115:1; 153:10 physically [1] 106:21 physicians [2] 67:19; 68:6 physics [2] 105:21; 149:23 pick [3] 77:20; 95:22; 109:22 pickad [1] 101:15 picking [2] 95:19; 109:21 picks [1] 707:7 picturs [4] 776:70; 12214; 171:9, 11 picturaa [1] 173:7 pisca [2] 9:70; 60:23 piscst [1] 1127 pills [1] 749:24 Pitnsy [1] 3:77 PL [1] 765:6 placs [14] 50:7; 101:9; 105:6; 107:1, 2; 111:14; 120:19; 124:16; 136:6; 137:25; 139:5; 150:2 161:2 placad [2] 106:24; 109:10 placas [1] 101:7 placing [2] 25:79; 157:15 plaintiff [3] 8:72; 75:75; 39:75 Plants [1] 27:9 plants [1] 27:9 Plastic [1] 76:25 plastic [2] 76:20; 77:6 Plastics [1] 37:75 plastics [3] 29:16; 31:5; 37:20 play [2] 11212 13220 Plaaaa [2] 3:19; 36:74 plsaaa [5] 8:17; 37:17; 41:22 13212 15212 plots [3] 765:70,11 plug [1] 15224 plugging [1] 708:10 plus [1] 65:20 Pneumatic [1] 107:20 point [33] 8:74, 75; 17:22 1225; 26.-22; 30:17; 5224, 25; 59:1; 62:24; 8214; 89:7, 79; 92.-25; 922; 96:11; 106:4, 5, 11, 12 1022; 109:4; 11215; 124:12 131:12 16; 148:5,11; 165:2 21; 170:2 17222 1721 pointed [1] 1223 pointing [1] 120:13 points [3] 101:2 173:7, 4 policy [1] 424 pollutants [1] 95:14 pollution [1] 94:77 poly [1] 145:25 Polyethylene [1] 57:75 poiysthylsns [17] 50:74; 76:14, 17; 77:6, 8; 78:25; 148:71; 149:12, 17, 19, 24; 151:8, 12 24; 153:5; 154:14, 22 polymer [8] 51:71; 78:22; 85:6; 116:2; 141:10; 145:20; 148:20; 164:8 polymers [1] 145:79 Polystyrene [2] 52:2; 79:1 polystyrene [4] 50:75; 78:19; 80:3; 154:10 Polyurethane [2] 51:17; 725 polyurethane [4] 57:24; 78:2, 6, 13 Polyvinyl [1] 57:4 polyvinyl [9] 24; 9:12 10:4; 37:14; 50:1284:5, 7; 116:21; 172:3 pool [1] 155:8 poorly [1] 7:9 popcorn [1] 773:8 porosity [2] 1121,15 porous [2] 772:4; 737:13 portion [1] 8215 position [5] 5:12; 9:75, 76; 733:8; 144:5 positions [1] 54:79 positive [2] 6217; 171:17 positively [2] 6:79; 765:79 poMlbilltias [2] 60:3,- 759:4 possibility [1] 15217 potential [8] 49:72; 62:12 64:12; 76:20; 107:22 13212 148:14, 23 potentially [2] 65:22 120:14 potpourri [1] 82:72 pound [1] 67:8 poundage [1] 85:8 pounds [3] 86:11,72,22 powder [7] 73:1,4, 2 9212 1326; 1522 154:11 powdery [1] 1327 PPM [6] 89:24; 90:7, 2 100:16; 102:22 104:7 practical [1] 37.-20 practice [3] 79:6; 1627; 769:79 practitioner [1] 79:5 precautions [1] 166:24 precise [2] 12212 15221 precisely [1] 169:22 Predominantly [1] 745:5 predominantly [1] 746:7 preliminary [1] 137:23 premise [1] 136.-9 preparation [3] 26.-5; 90:74; 719:16 prepare [3] 38.-70; 40:21; 70:7 prepared [5] 7:74; 39:73, 79, 23; 73:25 preparing [6] 222 40:78,20, 25;66:12;74:7 presence [5] 136:76; 745:7, 8; 749:25; 754:27 present [17] 10:2 21:12 12 114:24; 120:4; 135:14; 136:16; 136:25; 140:22 22 24; 144:1, 12 145:8, 10; 155:7; 162:13 AM-Wort tnBl44) prastlma [1] 71:2 previous [5] 31:15; 53:25; 54:15, 58:11; 63:22 previously [4] 58:75; 99:10; 122: lb; 749:5 prill [1] 151:24 prills [1] 151:15 Primarily [2] 47:5; 67:8 primarily [4] 39:2; 67:7; 86:8; [4] 53:75; 67:12; 3214 >le [1] 755:27 principles [6] 16:5; 19:11; 129:19; 131:19; 155:20; 159:8 Prior |l] 17.-6 prior [14] 20:21,22; 21:1, 11; 26:5, 21; 35:23; 36:7; 66:23; 67:3; b5:1S; 104:17; 142:22 162:1Is probabilities [1] 60:2 probable [1] 103:8 problem [10] 5:20; 16:24; 118:13; 135:7; 14216; 1629; 164:4, 12; 167:14 Probluma [1] 161:19 problems [5] 7:22 94:22; 96:79, 16210; 165:22 procedure [1] 52:18 proceed [1] 49:6 process [21] 219; 11:12 1211; 14:2 16:11; 50:7; 84:2 99:8; 01:11; 107:2; 11214; 114:1, 72; 734:24; 739:12; 147:9; 150:16; 162.-9; 1621, 6; 172:6 processed [1] 96:22 proceeaee [1] 762.-8 processing [3] 12:16; 13:2 3221 produce [7] 4:9, 14; 30:20; 87:21; 14214, 24; 150:10 produced [8] 35:78; 3222 44:12 64:14; 7225; 84:22 86:19; 87:9 producers [1] 8212 producing [4] 86:5; 777:5; 748:9; 750:73 product [10] 22:77; 30:74; 35:15, 12 64:2 174:8; 115:1; 147:8; 15225; 1728 production [1] 29:77 products [3] 54:2 37:21; 524 profession [31120:5; 722:12; 730:6 professional [1] 4220 [1] 171:17 [1] 2224 [1] 1628 pro [1] 49:22 171: P P [3] 159:12 16222 [2] 770:6, 7 [3] 36:78; 37:2; 49:24 properties [4] 1210; 31:21; 49:21; 50:8 property [1] 49:73 propo rtion [7] 77:5,12 79:14; 80:75,24; 731:9; UCC 075802 K 136:16 protect [11] 162:24; 163:17, 24; 164:22; 165:1, 3, 19, 22; 169:10, 14 protected [3] 163:21; 166:3; 168:11 protection [3] 28:17; 164:11; 171:17 protective [2] 59:73; 163:23 protein [2] 167:8, 11 proteins [1] 131:15 provide [5] 4;25; 9:2, 3; 120:8; 163:18 provided [4] 39:25; 40:3; 90:5; 101:5 providing [1] 132:11 public (2] 46:13; 48:23 publication [3] 37:23; 104:14; 123:13 publications [2] 38:8; 169:1 published [3] 9:70; 704:77; 723:79 pull [1] 68:21 pulled [1] 25:74 pulling [2] 25:24; 68:20 pulmonary [1] 735:7 pure [1] 76:7 purified [1] 79:5 pursue [1] 124:17 puts [1] 773:7 Putting [1] 753:4 putting [4] 104:17; 116:2; 124:15; 132:18 PV [1] 746:9 PVC [85] 6:79; 7:7; 6:16; 9:6; 10:13; 15:23; 16:4; 29:11, IS; 31:13; 36:19; 37:22; 45:16; 48:10, 15, 21; 55:16; 73:1, 4, 8; 75:25; 76:1, 10, 13; 82:9, 11; 84:6, 15; 85:20; 86:6, 15; 87:3; 86:21; 95:18; 700:9; 705:79; 106:1; 110:16; 111:22; 112:21; 114:5,18; 118:22; 123:8; 124:2, 5; 132:7,14,19, 25; 133:10; 134:22; 135:4,7, 14; 136:16; 137:4,12,16; 138:16; 139:7, 8, 22, 24; 141:5, 15; 143:4, 5, 9; 144:13; 145:1,8,10,22; 146:17; 149:10,13, 25; 153:2; 164:19; 168:16, 21; 169:18; 172:13 PVCR [6] 37;20; 84:5; 115:16; 126:23; 146:22; 762:9 -Q- quaiified [4] 77.-9, 79; 12:1, 12 qualify [1] 743:6 qualities [1] 55:24 quantitative [1] 756:76 quantities [1] 73:21 quantity [2] 56:9; 66;73 quarrel [2] 35:70; 92:27 quart [1] 87:20 question [45] 3:79,22,24; 4:6; 5:73, 79; 7:14; 11:16; 15:18; 16:17,25; 17:10; 25:25; 35:9; 43:11; 61:17; 62:24, 25; 64:14; 69:8; 77:17, 24; 78:1, 19; 80:7; 94:19,21; 97:4, 6: Cotoy v. Union Carbide /, 8, 17; 101:24; 109:17; 122:22; 123:16; 135:2; 145:11; 159:20; 161:11; 168:1; 171:12; 172:10,19 questionable [1] 706:20 questioning [4] 79.-70; 61:14; 64:4; 127:4 Questions [1] 29:21 questions [11] 5:77; 47.-75; 48:14; 64:7; 91:6; 110:2; 120:25; 123:17; 162:5; 163:15; 169:17 quick [1] 730:74 quote [1] 726:20 quotes [1] 755. 74 -R- R.N. [3] 22:23; 24:20; 90:9 radiant [1] 733:74 raising [3] 92:7; 109:2; 141:19 range [10] 70:25; 85:73; 707:3; 109:20, 21, 23; 770:25; 739:76, 17, 20 ranges [1] 759:4 rapid [1] 129:13 rash [2] 132:22; 133:1 rate [9] 43:79, 20; 93:17; 100:5; 106:9; 108:11; 709:3; 154:8; 161:25 rates [1] 43.-78 re-elected [1] 9:20 react [2] 17:17; 150:9 reacted [1] 171:11 reaction [5] 102:10; 133:2; 147:20; 150:6, 9 reactions [4] 76:27; 77:1; 150:2; 166:15 reactive [9] 79:5;-765:7; 167:8, 14, 21, 22; 168:8; 169:6, 9 reactor [10] 85:7, 11,21; 86:3, 4; 111:24; 147:14, 16; 171:25; 172:5 reactors [1] 172:21 read [16] 79:72; 73:17; 77:19; 95:25; 96:1, 13; 109:16; 723:2, 3; 124:13; 127:25;130:25; 148:17; 168:17; 171:7, 8 readily [3] 737:25; 732:5; 764:7 leading [8] 25:7; 38:21; 51:12; 73:16; 92. 70; 122:2,21; 171:10 real [2] 62:24; 100:22 realize [1] 760:72 reason [4] 66.-25; 87:25; 777:70; 134:2 reaaonable [6] 166:9,10,11, 24 reasoning [1] 77:7 raaaona [2] 60:15; 102:24 recall [43] 3:9, 76; 5:6; 6:5; 7:11;8:14,16; 13:17; 20:14; 21:3; 35:79; 36:6; 37:25; 45:6, 7, 10; 46:8; 4817; 59:18; 61:17; 66:6; 67:17; 70:23; 73:17; 77:4, 22,25; 80:2,5; 82:14; 89:20; 92:10; 105:8; 109:15; 126:7, 9; 127:1, 6; 142:9; 158:5; 160:15; 171:18 receipt [2] 20:5; 74:5 receive [3] 4:8; 5:15; 44:17 received [10] 4:11; 24:9; 25:9; 44:13, 16; 65:8; 87:19; 160:14, 75; 167:15 recently [1] 161:23 recognized [1] 765:9 Recognizing [1] 79:25 recollect [1] 127:4 recollection [17] 9:7, 79; 35:17; 41:22; 44:23; 45:24; 53:23; 54:22, 25; 57:5; 61:8, 10; 68:19; 69:20; 80:23; 126:16; 127:9 recombined [2] 82:8; 139:11 record [17] 3;24; 4:7; 21:4, 23; 26:17; 37:18; 38:22; 39:22; 41:7; 48:9; 57:9, 11; 75:3, 16; 89:15; 101:19; 156:11 records [9] 67:11, 15,21; 70:19; 71:13, 16, 17; 74:22; 125:7 redistribution [1] 763:76 redo [1] 92:23 reduce [1] 707:72 reduces [1] 758:75 reducing [1] 100:4 reduction [1] 706:6 refer [16] 45:15; 49:7; 83:8; 70:18; 71:21; 72:18; 7815; 83:5, 79; 84:4, 10; 98:78; 725:9; 133:5; 150:15; 162:15 Reference [3] 37:6; 90:8, 11 reference [34] 44:7, 9; 50:23,; 51:24; 65:13; 69:5; 70:3,21, 22; 75:2, IS; 76:18 81:10, 14; 83:4, 20; 90:4, 6, 74, 76, 77, 19,21; 91:18; 109:10, 19; 115:11; 118:18 128:1, 5; 130:14; 131:8 1488 172:11 referenced [3] 40:7; 76:28 156:17 references [5] 38:5; 50:12; 76:19; 79:15; 109:12 referred [9] 73:2,- 25:78; 38:8; 45:2; 90:24; 119:14; 124:20; 143:4; 160:11 Referring [1]49;7 referring [15] 16:14; 81:4; 83:23; 88:25; 89:17; 91:17; 97:12, 18 125:20; 13813; 142:3; 143:1, 2; 145:18 150:7 refers [2] 21:18 51:1 reflecting [1] 99:22 refresh [1] 44:22 regard [21] 9:77; 1817; 20:4; 44:3; 57:5; 63:14,28 65:5; 74:1; 78:2; 79:11; 91:11; 10824; 1081; 134:21; 1488 154:10; 1586; 1687; 16828 167:20 regarding [7] 9:6; 14:14; 39:9; 64:12; 689; 110:2; 121:17 regardless [1] 112:22 regulations [1] 28:76 regurgitate [2] 67:3,- 89:7 related [4] 15:1; 29:6; 6819; _______________Ait-Worj man(*S) 767:9 relating [1] 1815 relationship [1] 124:2 relative [1] 63:6 relax [4] 88:72, 73; 100:1; 103:9 relaxed [1] 88:77 release [1] 120:18 released [1] 14819 relied [1] 74:7 rely [1] 19:8 relying [2].68:7; 702.8 remain [1] 748:2 remainder [1] 734:72 remains [1] 147:22 remember [5] 7:21; 35:19; 36:22, 24; 134:25 remembered [1] 727:22 remind [2] 3:17; 30:17 Ren [1] 90:75 render [6] 6:2; 7:12; 12:2; 14:14; 17:6; 63:5 rendered [8] 3:74; 6:7; 7:25; 73:79; 74:9; 15:14; 46:73, 78 rendering [2] 75:27; 35:23 Renee [1] 37:21 repairing [1] 728:20 repeat [2] 109:14; 134:19 repel [1] 133:25 rephrase [1] 76:25 Report [1] 30:21 report [126] 7:25; 825; 9:1; 75:74, 19,22, 25; 16:14; 20:3, 9, 23; 21:2, 4, 77; 22:8, 9, 11, 12, 73, 76, 27, 23; 284; 24:3, 4, 77, 19; 26:5; 2817; 29:10, 14; 30:2, 12; 31:4; 35:23; 36:7; 37:4, 9,14; 38:10; 39:6, 23; 40:1, 8, 79, 20; 41:9, 14; 44:6, 8,10,11,13.17,19; 45:2; 46:13,19; 49:2,3; 50:11, 20; 51:19; 52:19; 63:5; 66:12, 16; 67:23,24; 68:2; 70:7, 8; 71:2,20; 72:16,20,25; 73:14; 74:4.13,19:75:4,23, 25; 76:5; 80:12; 82:15,17; 83:1; 84:18,22; 89:16; 90:15; 97:23; 98:1; 101:20, 21; 102:8,11,17; 107:16; 108:23; 109:11; 119:8; 121:16; 124:15; 130:13; 133:16; 134:16; 135:12; 136:15; 138:22; 141:17; 145:17; 150:15; 156:1,8; 158:3; 160:10; 162:6; 171:10,19 reported [2] 71:1; 82:10 reporter [3] 4:4; 41:7; 12818 reports [15] 288 2815,18 26:14; 30:13; 39:12, 19; 40:4; 44:15; 64:2; 67:18; 73:28 74:11; 100:20; 101:6 represent [1] 812 representation [1] 746:73 representative [1] 882 represented [1 ] 85:7 representing [1] 68:77 represents [2] 85:17; 86:1 reproduce [1] 1087 reputation [2] 7 73.-4, 5 Request [1] 40:6 request [10] 4.-8; 27:6; 28:18 UCC 075803 From protect to Request na___________________________________ 38:13, 15, 21,24; 39:16; 40:17; 65:8 requesting [1] 28:14 requests [2] 27:1,5 required [1] 17:14 reread II] 44:25 residual [27] 85:13, 23; 86:6, 18,20;87:2,4, 10, 11, 15; 88:15,20; 89:22; 90:10; 92:6; 96:20, 23; 105:9; 108:15; 112:14; 115:16; 120:14; 149:7; 150:3; 163:16; 164:5 resin [61] 6:19; 7:7; 8:15, 17; 31:5, 20; 52:20; 53:9; 55:16; 73:4, S, 8; 82:1; 83:22; 64:1, 5. 8; 86:9; 89:24; 90:1, 2; 100:9; 105:19; 106:1; 110:16; 112:8; 113:3; 114:18; 116:21, 24; 132:7; 133:10; 135:4, 14; 136:16; 137:12, 16; 139:7, 9, 22.24; 140:14,15.17; 141:5, 16; 143:5; 144:13; 145:2.9; 146:17; 147:2,4; 148:20; 149:19; 151:19,20,21; 153:2; 172:8,15 Rasins [1] 52:17 resins [24] 10:13; 52:4, 12; 80:12, 14, 16; 34:15; 89:18; 90:2, 11,13; 91:11; 106:11; 111:23; 114:5; 134:22; 138:16; 143:9; 145:10, 22, 23; 147:22; 172:3, 13 respect [7] 55:14; 98:11; 119:21; 121:25; 123:8; 124:7; 146:23 raspirabla [1] 126:21 respiration [2] 763:22; 166:23 respirator [2] 28:77; 59:72 respirators [1] 169:13 Rsspiratory [1] 7:23 response [6] 5:27; 72*20; 38:24; 48:16; 65:8; 159:22 responsibilities [1] 17:19 rest [4] 80:6; 119:2; 147:22; 163:24 resting [2] 705:8; 132:19 restricted [2] 14:20; 48:23 Restricting [1] 45:22 result [6] 8:1; 88:6; 104:7; 129:14; 130:16, 17 resulted [1] 772:73 resulting [2] 13:3; 14:16 results [2] 4:2; 18:11 retained [3] 8:9; 74:5; 87:23 retains [1] 147:19 I'etrieved [1] 20:72 return [1] 705:4 revealed [1] 149:3 revealing [1] 97:23 review [21] 15:19; 20:3,17; 22:15; 25:23; 26:1; 35:25; 38:9; 40:25; 41:1; 43:1; 49:19; 50:19; 51:22; 62:14; 68:1, 2, 7; 117:5; 118.-6; 161:3 reviewed [20] 15:17; 21:10; 22:1,3; 26:4,11; 35:23; 36:17, 19; 40:13, 18,23; 45:3,10; 51:20; 68:3; 117:22; 158:22; 160:13,23 reviewing [4] 36:6; 50:4; requesting to snowman Colby v. Union Carbide 61:27; i 5 rider [1] *9:3 Right [17] 76:8; 27:7; 45:5; 58:15; 67:25; 69:17; 70:14; 83:24; 89:25; 101:20; 102:1; 107:1; 114:8; 124:14; 131:2; 167:18; 171:5 right [47] 4:4; 11:15; 16:10; 17:9; 18:15; 21:15; 22:25; 23:13; 26:16; 31:17; 44:18; 50:10; 51:22; 56:15; 57:16; 58:18; 62:8; 65:23; 70:1; 73:24; 79:8; 80:11; 89:2; 91:5; 95:2; 99:24; 100:17; 105:11; 110:8; 114:17; 120:7; 125:4, 14; 132:24; 133:15; 135:22; 141:11; 142:8; 144:25; 147:18; 150:12; 151:6; 155:25; 164:9; 170:5 ring [4] 66:3; 79:21; 127:14; 139:14 ringing [1] 764:6 risk [4] 727:25; 730:76, 76; 765:27 Riverview [1] 75:2 road [1] 89:27 Robert [1] 3:10 role [1] 733:20 roof [1] 96:73 room [30] 58:27; 59:4,11; 93:5, 17, 21; 94:1, 2,3,8,10, 78, 23,24; 95:8, 12, 75; 96:2; 98:22; 99:5; 103:1, IS, 25; 104:1; 111:14, 16; 136:5, 6; 142:8,21 Rowland [1] 72:20 nibbing [4] 707:23,24; 153:11, 12 nils [3] 736:8; 159:27; 173:1 run [3] 12:10; 90:6; 107:13 Rutgers [6] 9:15; 41:21; 42:10; 43:13,19; 161:20 flVCM [2] 775:74; 116:14 -s- S-a-s-v-o-t-n-i-C'k [1] 37:19 safe [1] 765:75 Safety [2] 31:7; 164:20 safety [20] 11:11, 72,20; 12:6, 12, 14, 18; 72*19; 74.2* 17:13; 18.-2,22; 28:11; 29:23; 49:20; 162:11,17; 764:6,20; 165:73 sake [2] 47.*2* 747:6 sail [2] 776.2,3 sample [1] 153:20 sampled [2] 87:9 samples [3] 87:20; 88:1; 92:4 sampling [1] 87:8 Sasvetnlck [2] 37:14; 750.*6 sat [1] 59:6 saturated [1] 161:17 Sax [5] 36:17; 37.2; 49:23; 81:7; 156:17 saying [11] 68:25; 71:15; 91:5; 93:16; 100:12; 110:22; 119:9; 122:11, 13; 124:12; 730:11 scala [1] 107:21 Schaffer [2] 74:78; 111:19 schedule [1] 47.24 schools [1] 763:2 scientific [5] 29:13; 82:10; 123:18; 155:3, 18 scientifically [2] 100:24; 139:18 Scott [3] 763:78; 166:3; 169:14 scratched [1] 737:27 scratches [1] 131:21 scresning [3] 113:16, 19; 114:1 se [1] 727:4 seal [1] 58:70 sealed [2] 87:21; 134:24 sealer [5] 53:9; 87:25; 82:6, 16; 141:25 seeling [10] 84:3; 134:23; 135:1,22; 136:6; 138:15; 142:7, 20; 748:22; 754:20 second [11] 7220; 73:1; 24:15; 36:25; 74:20; 86:17; 93:9; 107:26; 142:21,24; 149:9 secondary [2] 720:20; 74224 secretary [1] 20:77 sector [1] 70:10 seeking [1] 71:22 selected [1] 110:24 Selekoff [11] 62'75; 7223, 11, 23; 123:10, 20; 125:20; 129:16; 158:14; 165:14,16 seif [1] 99:12 send [1] 9:7 senee [7] 73:75, 76; 53:11; 97:23; 98.-9; 110:13; 137:25 sensitive [2] 98:77; 704:70 sentence [12] 49:77; 732*12 78; 148:13,16,18; 155:13; 157:5, 8, 10; 158:12; 762*73 Separate [1] 770:15 separate [1] 12:17 separated [1] 113:21 separately [1] 762*23 separation [2] 113:15,19 sequence [1] 24:79 series [1] 37:16 seriously [1] 624 served [1] 38:73 Services [5] 24:25; 22*15; 87:22* 100:20; 111:5 serving [1] 47:78 settle [1] 134:6 seven [3] 40:8,12; 161:21 shakes [1] 4:5 shape [1] 134:7 sheet [1] 23:7 sheets [5] 25:6,20; 28:12; 29:23; 49:21 ship (1) 112:18 shipments [1] 85:8 shipped [14] 29:24; 5221; 84:23; 8*9, IS, 79,22; 89:79; 97:72; 9625; 108:16; 11822; 146:23; 146:12 shop [6] 55:6,9; 57:23; 58:16; 59:3,21 shortma [1] 50:77 Shortened [1] 52*70 shorthand [1] 47:23 show [6] 74:11; 8619; 104.9; AH-Wtod 109:2; 156:21; 172:17 showing [7] 82*72; 703:5; 108:23; 109:4; 111:9; 779:22 shows [4] 57:20; 101:6; 739:4; 172:2 sides [2] 107:24; 115:20 sifting [1] 773:74 signal [1] 764:25 significance [2] 98:25; 749:7 significant [3] 94:9; 95:3; 97:16 silos [1] 772*22 similarities [1] 74:18 simpl* [1] 98:7 simpler [1)98:77 simplicity [1] 747:6 simplified [1] 88.9 simulation [11] 97:22; 92*23; 99:15; 100:1,14; 101:2 74, 16; 109:2; 111:3,8 Sinai [1] 7261*6 single [3] 67:23; 97:79; 708:8 Singular [1] 725.23 sir [1] 24:5 siren [1] 164:5 sit [6] 66:20; 67:9; 68:12,20; 79:13; 91:13 Site [4] 27:10; 2925; 179:72* 731:24 sitting [2] 732*77, 77 situation [12] 17:25; 54:11; 94:14; 99:27; 100:72 14; 101:12 132:12* 142:17; 147:4; 153:4; 759:76 situations [1] 742*20 six [9] 21.-6; 40:6; 75:18; 95:77; 158:24; 762*2 7, 70; 170:21 sixth [1] 9:20 size [10] 8521, 22; 82*5; 89:5; 99:13; 1027; 712*1; 11317; 1202; 140:11 sizaablep] 741:3 sizes [2] 707:72' 753:74 skin [17] 7222* 172*25; 120:17; 131*2 10,12 20,22 24; 732*7, 6, 20, 21,25; 133:4, 10, 12 Slightly [1] 155:16 smaller [7] 112*4, 2' 11324; 120:3; 740:2 24; 753:9 smallest [1] 772*9 smoke [9] 72*74; 60:20; 61:12* 62*22 127:2 13 129:72 759:2 smoked [4] 61:9; 74:25; 75:17; 125:19 smoker [5] 60:24; 7320; 72*2 730:70; 759:6 smokers [3] 130:20,21,24 smokes [1] 759:24 Smoking [1] 62*77 smoking [29] 60:23 61:24; 622, 11,22 22' 6321,22* 62*20; 66:24; 672; 7315; 722 772*72' 121:1,72* 122*79,24; 122*2* 124:7; 126:10, 72* 129:20,23 141:23 157:19,20,23 752*73 snow [1] 92*76 snowman [1]52*6 UCC 075804 ncj oft (2} 152:10, 11 solid [2] 76:19; 152:13 solids [1] 107:10 solution [12] 84:25; 86:1, 15, 22; 89:23; 112:8; 113:2; 115:10; 14624; 146:2; 147:4, 13 solvent [2] 85:20; 86:4 solvents [1 ] 129:22 someone [5] 44:8; 108:22; 159:9, 24; 160:24 someplace [1] 155:15 somewhat [2] 39:5; 119:2 Somewhere [1] 130:12 somewhere [3] 44:11; 61:17; 158:3 sophomore [1] 108:12 Sorry [2] 5:24; 148:18 sony [3] 12:17; 47:2; 97:8 sort [1] 742:6 soup [1] 82:7 source [20] 53:75; 61:25; 63:24; 67:10; 70:5; 75:12; 91:24; 124:6; 125:10; 127:7; 136:17, 22; 137:2; 148:17, 21; 149:6, 14, 75; 752:79 sources [4] 43:75; 66:76; 83:24; 120:19 South [1] 756:24 specs [1] 7:70 speak [1] 733:76 speaking [1] 80:1 special [1] 2620 specie [1] 146:25 species [2] 77:10 specific [22] 53:5; 65:74; 69:22; 70:3, 73, 20; 72:23; 77:4,6, 11, 17,20; 78:1,6 80:2, 22; 90:6; 91:10, 12; 112:22; 128:1; 129:17 specifically [19] 57:76; 53:4; 55:7 7, 73; 56:23; 65:75; 70:8; 76:22; 77:15, 22, 25; 60:5; 90:20; 707:79, 27; 118:22; 723:7; 162:15 spectrum [1] 83:76 spell [1] 37:77 spend [3] 47:76, 20; 42:12 spends [1] 740:9 spent [2] 42:16; 70:9 spill [1] 56:25 spills [1] 5617 spitting [1 ] 70:24 sponge [1 j 116:8 spot [1] 742:77 spread [1] 94:17 spurious [1] 95:78 stage [3] 772:77, 72. 76 stages [1] 46:20 stand [1] 67:72 standard [11] 617; 42:22,24; 95:25; 709:5, 6, 7; 113:16; 157:4; 162:25 Standards [1]97:3 standards [2] 26:9; 737:79 stands [2] 22:6; 78:14 Start [1] 743:76 start [6] 620; 20:6,76; 36:14; 123:22; 156:13 started [3] 763:9; 766:23; 170:3 Cotoy v. Union Csrtoids t_rting [2] 128:7; 148:13 starting [6] 66:23; 706:4; 709:3; 736:75; 745:79; 146:22 starts [1] 111:24 state [6] 26:17; 77:15; 99:4; 108:4, 25; 155:3 state-of-the-art [1] 163:20 stated [9] 39:6; 65:75; 68:78; 88:24; 96:11, 15; 99:10; 102:3; 156:15 Statement [1] 97:20 statement [9] 27:15, 16; 44:14; 59:3; 67:25; 75:4; 96:9; 155:9, 23 statements [7] 26:70, 75; 27:10; 87:1; 123:7; 124:23; 171:7 station [1] 57:17 statistically [1] 19:7 statistics [2] 79:6; 87:7 stay [6] 96:3; 706:76; 7 72:79; 7 74:3, 4; 131:7 stayed [i] 170:4 stays [1] 776:2 steady [2] 706:70; 767:25 steep [1] 167:5 step [1] 750:5 steps [3] 72:2, 3; 170:25 steward [6] 55:6, 9; 57:23; 56:76; 59:4, 27 sticking [1] 24:24 stir [1] 66:3 stirred [2] 65:77; 66:3 stop [4] 75:7; 62:23; 89:74; 98:76 stopped [1] 62:9 story [1135:77 stratification [1] 95:76 stratify [1] 95:22 Street [2] 164:25; 171:23 street [1] 57:18 strictly [1] 779:70 strip [1] 112:13 stripping [3] 112:12, 76,20 strong [4] 121:23; 127:21, 23; 167:22 Structure [2] 776:2; 739:74 stuck [1] 28:70 studies [8] 70:4; 19:7; 87:14; 141:16 165:12; 172:16,17; 1764 study [9] 1617; 31:6; 82:2; 149:4; 155:4; 172:1, 77, 72; 1762 styrene [4] 79:16, 22; 754:79, 24 sub [1] 77:73 subject [7] 70:73; 27:10; 29:25; 76:24; 114:4; 125:11; 1261 submitted [1] 57:12 subpart [3] 161, 4,19 subparts [3] 167,11; 13:24 subscribe [2] 115:7; 129:18 substance [1] 767 substantial [1] 62-75 sufficient [2] 58:2 03:7 sufficiently [1]97:7 suggest [10] 67:23; 66:2 73:6; 78:12; 96:6; 107:6 129:1; 146:15; 154:7; 162:19 suggested [1] 723:4 suggesting [3] 740:75, 77; 766:23 suggestion [5] 703:75; 723:25; 724:4; 730:75; 737:6 sum [1 ] 157:24 Summary [1] 25:10 summary [4] 9:2; 24:8; 42:2; 74:22 summer [2] 99:18; 170:19 summertime [1] 99:20 super [1] 5623 supervising [1] 144:7 supervision [2] 10:3; 57:23 supervisor [6] 55:2, 3, 9; 59:3, 22; 60:11 supervisors [1] 58:16 supplement [1] 70:7 supplemental [5] 27:22, 25; 40:4; 66:16; 69:9 supplied [6] 61:22; 71:11, 16; 88:4; 118:7; 150:19 supply [1] 49:17 support [6] 77:5; 7620; 90:6 96:8; 103:14; 131:9 supporting [1] 60:75 supports [4] 77:12; 79:16 80:24; 155:10 suppose [1] 131:7 supposed [2] 132:14 supposition [1] 744:70 surface [7] 106:6 112:2, 5; 115:24; 135:6; 142:4, 6 surfaced [2] 46:76; 6617 surfaces [4] 735:23,25; 136:12; 150:12 surrounding [1] 743:3 survey [4] 74:79,27; 16617 suspect [7] 78:9; 79:16; 81:1; 119:15; 132:12; 137:1; 166:14 suspected [1] 117:8 suspended [3] 104:6 134:1, 2 suspending [2] 85:9; 111:25 Suspension [1] 77227 suspension [18] 84:24; 85:6, 16; 86:10, 17, 20; 89:10; 90:1, 11, 73; 100:10; 1166 114:18; 13617, 19; 135:24; 145:24; 146:1 synergism [8] 62:24; 730:5, 74; 157:9, 72 26 756:4, 7 synergistic [14] 62:72 727:77, 23; 72224; 123:4, 22; 124:5; 129:10, 11, 16 1S7:7, 17; 159:11, 25 synergi*tic*Hy [1] 157:24 synergists [1] 63.2 system [2] 85:79; 1361 systematic [1] 49:4 systems [1] 161 Szuch [1] 3:72 -T- table [4] 86:11; 8624,25; 90:3 talk [21] 58:14; 60:2; 6272 63:7; 71:19; 72:1; 81:6 120:20; 121:22; 124:9; 125:18; 129:9; 134:16; 135:12; 136:14; ________________________ AfrVtart jnOmxHT) 141:25; 142:18; 157:7; 162:7, 70, 76 Ulkad [5] 45:78; 57:23; 775:2; 734:77; 157:17 talking [21] 11:4; 21:5; 46:21; 52:22 72:2, 10; 88:17, 20; 89:5; 109:5, 11; 132:3, 22; 139:24; 141:24; 742:7, 79; 748:70; 152:25; 157:8; 168:19 talks [4] 39:5; 62:75; 128:20; 148:17 tame [1 ] 66:6 tank [2] 86:3 taught [1] 163:2 TDI [1] 768 teaching [4] 170:3, 5, 73, 75 teem [2] 58:76; 720:9 technical [1] 29:74 technique [6] 87:6, 8; 91:2, 3; 92:3; 93:1 Ted [2] 24:77; 30:2 telling [1] 89:77 telle [2] 57:22; 164:7 Temperature [1] 705:72 temperature [16] 65:77; 99:4, 5, 6, 7, 6 73, 75, 77; 705:5, 6, 75; 747:78, 79; 143:3, 5 ten [6] 77:6; 69:8; 85:25; 92:23; 703:70; 111:6 tend [2] 773:22 733:25 tenfold [1] 703. 78 tense [1] 162:14 term [IS] 9:27; 60:73; 8616 84:6; 96:20; 97:7, 9, 10, 11; 966, 10, 11, 24; 703:70; 706:25 terminology [1] 73:12 terms [15] 4:7; 56:12; 67:21; 68:4,6 80:1; 86:21; 87:15; 119:16; 130:14; 139:25; 74225; 744:75; 745:4, 75 test [3] 97:3; 773:76; 127:20 testified [3] 70:77, 20; 11:22 testify [2] 77:70; 7273 testifying [3] 77:76,25; 75:11 testimony [7] 43:5; 54:15; 56:22; 5611; 6619; 85:18; 142:9 testing [1] 96:6 Texes [8] 89:20; 101:12; 106:12; 1062, 6 114:14 textbook [1] 36:79 texts [1J3&7 Thank [3] 4:76; 77:24; 24:7 theory [1] 166:2 thereafter [1] 147:18 Thermal [1] 7:7 thermal [23] 726, 76.23; 82:9; 84:2; 134:17; 135:13; 13614; 139:7, IS, 20,25; 14613; 141:4, 12, 75, 79, 20; 7427, 79; 742*2 6 749:25 thermally [1] 141:23 They're [5] 23:27; 46:79; 56:74; 700:27; 110:8 they're [9] 26:70; 55:15; 56:77; 770:73, 74; 722:77; 130:19; 134:2; 138:20 third [4] 3:75; 73:79; 145:17; 1468 thoughts [1] 134:20 UCC 075805 From soft to thoughts no three [30] 6:25; 9:21; 2624; 36:17: 39:4; 42:20;46:23; 61:13; 75:17; 84:23; 86:8; 87:2:90:5, 12; 109:12; 111:6. 22; 112:23; 115:2; 133:16; 134:15; 138:9; 145:16, 22; 148:7; 150:5; 162:10. 17, 21. 22 threshold [2] 80:20; 164:17 throat [1] 137:25 throw [1] 96:2 tis [2] 55:17. 19 tias [1] 13-20 Tilted [1] 106-23 tilted [2].706:22, 25 times [6] TO: 19; 11:1,21; 101:7; 103:10 tHte [1] 38:4 TLV [4] 77:16; 104:11, 21; 165:6 TLVs [2] 104:17,22 tons [1] 86:22 torch [3] 142:16; 154:21 total [4] 43:12,25; 113:6; 156-21 touchod [2194:17; 161:5 Touching [1] 135:6 touching [1] 135:25 towards [1] 148:7 toxic [25} 7:8; 12:15; 13:2,21; 17:16,20,25; 31:13, 21; 46:6; 56:13; 77:16; 110:18; 130:7: 137:2, 20; 143:9; 149:15; 155:6; 156:19; 165:3; 166:14; 167:25; 168:10; 169:6 toxicity [7] 143:12, 16; 145:13; 146:19,23; 147:1; 165:4 toxicologist [3] 17:8,15,22 toxicologists [1] 155:21 toxicology (9] 166 7, 8,14; 19:10; 29:16; 37:20; 156-15, 16 toxins [1] 158:16 traco [1] 138:20 trad* [3] 28:23,24; 168.-6 trsinad [1] 79:73 transcript [3] 26:11; 30:7; 92:11 transcripts [1] 25:8 transferred [1] 140:10 transit [1] 97:2 translate [1] 156:11 translates [1] 112.-6 transport [1] 107:18 trapped [1] 112:6 travel [1] 43:2 treating [2] 67:19; 68:5 tieatmenls [1} 67rt6 tremandoua [1] 95:16 trial [2] 10:12,14 triboatectrostatte [1] 134:3 triboeletrostatle [1] 133:24 trigger [1] 168:4 trip [2] 106:1, 11 True [1] 1665 true [6] 55:8; 57:1; 107:5; 77*74; 733*13; 139:10; 164:13; 165:24 trusted [1] 165:18 turbulence [1] 734:5 three to wrote Colby v. Union Carbide turns [ :T4 twice (2j 97:6; 98:13 type [7] 8:16; 58:10; 64:15; 100:8; 131:22; 739:24; 753:5 types [8] 76:25; 84:7; 87/3; 107:11; 129:22; 145:22; 158:16; 170:25 -u- U.S. [3129:7, 12; 90:15 un-air [1] 99:27 un-reacted [51 77:9; 78:7, 22, 24; 79:15 undated [3] 23/2, 3,5 undergraduate [11163:2 understand [23] 17:9; 18:14, 22; 20:7; 35:22; 48:8; 50:24; 59:25; 60:8; 72:10; 73:13; 93 72, 78; 94:15; 98:17, 24; 1065; 735:2; 136:10; 142:25; 146:8; 152:20; 160:13 Understanding [1] 17:2 understanding [15] 17:5; 18:4; 50:7; 55:1; 60:22; 62:1, 4, 6; 67:1; 69:1; 76:6; 93:25; 119:6; 129:18; 151:11 undaratood [2] 1322; 167:9 undertakes [1] 74.-21 unexpieinebte [1] 768:75 unidentified [1] 138:25 uniformed [1] 95:74 Union [17] 312; 238; 27:8, 14; 735; 84.-20; 67:23; 97:18, 19; 101:5; 163:5; 165:16,20; 167:6' 170:24; 171:6 8 union [5] 69:15,16,17,19; 71:14 Unaaturated [1] 167:11 unaaturalad [1] 167:7 unwanted [1] 77324 unzipping [1] 141:10 update [115:11 updated [1] 92:25 tissge [1 J84.-6 user [2] 19:5; 148:5 uaar[4} 15&4, 72; 164:10 utMIse [2} 7*77; 54:4 utUtetog [i] 4*15 -V- vacuuro [1) 112:16 value (11164:16 van [1] 106-24 variables [4] 5610,12; 9*72; 10&13 variety {1] 144.-20 vary [1] 14025 VC [1] 73*23 VCM [55] ** 1524; 16:4; 31:13,20; 4*70, 1* 7*1,13; 82:13 90:13' 95:20; 9*19; 100:7,25; 104:11; 10S:18r 1062; 112:6 10,22; 115:16; 117:3 11; 7239; 124:2,6 1312,14; 132:21; 1331,6 6 9; 1392; 141:14; 144:17; 14622,24; 150:8,11.13,14; 153:25; 154:1; 158:9; 166:12; 167:12; 169:8,18; 171:22; 172:4,13 15,17 Velez [3] 30:14; 128:14, ventilated [1] 7:9 ventilating [1] 93:75 ventilation [14] 59:12; 93/77, 20; 95:12. 25; 96:2; 97:10; 103:11, IS, 16, 25; 104:1; 165:21; 169:11 verbal [1]4/3 version [1] 156:7 vessel [1] 147:17 view [9] 77/22,- 9*25; 724:78; 131:12; 152:14; 75315; 754:76; 167:19; 1666 Vinyl [1] 57:6 vinyl [33] 64; 9:7* 70:5; 29:77, 14; 50:14; 51:8, 9, 13; 53:9; 82:7; 83:3; 88:20; 89:6 22; 90:70, 11, 13; 102:24; 705:9; 116:16 13610; 139:6; 747:6; 145:3 146:25; 147:5, 21; 149:19; 1637; 167:6 violated [1] 101:7 virtually [2] 774:9; 765:25 voir [1] 12:3 volume [2] 94:23- 95:8 volumes [1] 537 - w- Wagnar [5] 722:3 6 123:11, 21; 165:14 wait [1] 9324 walk [1] 742:72 Wad [2] 164:25; 171:23 wanted [1] 73-22 warehouse [1] 75*7 warehoused [1] 777:73 warn [1] 769:75 warnings [1] 164:11 Water [1] 167:10 water [10] 8310; 716/2, 3 8; 738:4; 766:1ft 16, 16 167:10; 16621 ways [4] 542 779:23* 141* 76*5 We'U [5] 23:24; 30:16 31:17; 174:3* 127:17 we'll [5] 2*4; 67:3* 7*9; 9*3 25 We're [4] 7*70; 115:9; 141:24; 14*10 we're [9] 27:5; 30:7* 8*77; 9615; 103:5; 13*3* 739:24; 74*7; 744:27 we've [5] 21:22; 4*7* 49:2; 175/2; 157:8 weakening [1] 73*3 wear [2] 73*3' 76*76 wearing [1] 59:12 weak [3] 4:70; 21:6; 161:21 weight [5] 85:79,25; 8*3 7; 109:7 weighted [1] 75*27 wekl [1] 14319- welded [1] 144:20 welder [1] 14*12 welding [22] 742*70, 11, 16 21:1466 9, 16 17, 16 24; 144:4. 6, 14, 16 145:1. 3 ft* 14623; 75*23* 154.21 MWgntMHtMl Wareft [1] 111:12 Wheeler [33] 2*23; 23:4; 24:20\ 52/79; 84:76, 79. 20; 85:7, 78, 24; 87:1, 17; 867, 16 9fl(:74; 91:20, 24; 92:18; 96:7; 97:1; 99:10; 101:14: 102:17, 19, 20; 1064; 104:6; 105:17; 107:15; 108:5; 112:25; 141:17; 171:10 [1] 730:20 Whitel[3] 95/76; 136:6 6 wide [l] 759:4 wkter[[1] 94/78 William [1] 2*73 Williafn* [1] S/73 wines [1] 11620 wish (2] 66/75; 77:21 [2] 70:7* 703:27 witnesses [1] 735:79 wonder [1] 4:23 wondering [1] 47.-9 word [15] 42:4,5; 56:3, 5; 66:9; 71:23, 25; 97:75; 98:78; 775:77; 124:12; 148:16; 168:3 [10] *2* 49:17; 64:3* 111:1; 11610; 124:11; 15624; 157:19 [40] 7:1ft* 7*1; 1610; 23:25; 24:9; 25:6 20: 30:74; 35:75; 42:6,10,13 1ft 23*431, 16 1621,44:1; 45:19; 4616 50:4; 5620,2* 57:ft 10; 6*20; 64:15; 6610; 66:23} 67:4; 68:23; 89:73* 70:24; 71:10; 767:24; 169:18 [5] 45:25; 5413 57:74,i 89:10, 18 [6] 7:19,23* 29:10; 5*79; 765.-2* 166:2 [14] 54:76; 55:23* 5612} 726, 11, 12; 125:19; 137:7} 16617; 16611; 171:25; 77*5] 7, 78 [13] 7*9; 54:17; 5*9; $4:8; 69:14; 71:6; 9323* 733:8} 755:7ft 19; 157:15; 165:16 workplace [10] 74.* 17:21; 46:7; 49:9; 50:6 54:12; 63:7; 97:15} 126:22 755:8 [2] 62:16 134:24 worn |(1] 16379 [4] 94:74-167:4; 169:4 [3] 100:16 700.-22 Wouldn't [1] 16624 wouldn't [9] *70; 54:70; 59:9; 107:7; 135.-6; 160:6 7, ft 9 wound [2] 13211,18 wounds [1] 737:21 writing [5J 9:11; 20:19,2ft 21:11,}367 written [4] 1620; 69:6 101:2k 10216 Wren) [1] 11*13 wren) 1 [6] 41:26 61:12; 95:7; 110:1ft 71; 127:24 [2] 125:2ft* 156:7 UCC 075806 RCI -Y- YMh [7] 110:7; 112:11; 126:16; 129:5; 130:18; 145:18; 147:6 year [17] 7:1, 4; 9:21; 11:2, 5; 42:15, 19; 43:9; 89:12; 156:25; 161:19; 165:7; 167:5; 168:25; 169:4; 170:7 Years [1] 117:24 yMr 125] 9:8; 11:3,6; 14:17; 19:2; 21:14; 31:14, 16; 43:8; 45:17; 55:18; 70:9; 150:8; 159:1; 161:12, 15, 25; 163:2, 3; 166:13; 167:9; 169:3; 170:21, 22 yellow [3] 23:11; 25:16, 17 You'd [1J 81:17 you'd [1] 107:12 You've [2] 74:3; 82:7 you've [12] 3:13; 60:15; 87:3; 101:18, 21; 102:24; 110:21; 125:6; 146:14; 150:21; 153:1; 160:22 yourself [4] 18:18; 19:13; 45:22; 153:2 -z- zero [2] 103:11; 165:14 zinc [1] 143:22 zone [17] 16:11, 21; 57:25; 83:16; 88:16; 93:5; 94:18; 97:15; 98:12; 100:6; 111:18; 119:25; 120:23; 133:22; 139:1; 156:22 zones [2] 54:12; 57:24 Colby v. Union Carbide AH-Wonj mdwnO) UCC 075807 I From Yeah to zones ucc 075808