Document J3rK6DevMrXb97e6YzpOGZjZZ

FILE NAME: RT Vanderbilt (RTV) DATE: 1991 Oct 24 DOC#: RTV248 DOCUMENT DESCRIPTION: Legal - Deposition of Charles P. Minckler [Excerpts] 2669 12 - EictrpW from Deposition o f C ln r lu T . M lncklir HeJd October 2, 1991 (Pag 2069-2073) STATE OF HEW FORK SUPREME COURT . ST^ XAWRENpE' COUNTY ------- -- - ` CHARLES p. HIHCKLER and REGIRA A, MINCXLER, Plaintiff, VS R. T- VANDERBILT COMPANY, IHC., ET Al, Defendant, Deposition of CHARLES P. HINCKLER taken on October 24, 1991 at the Lew Office* of setright, Ciabotti and Longstreet, 311 Montgomery street, Syracuee, Hew York 13202. APPEARAHCES: For the Plaintiff: setright, ciabotti longstreet 313 Kontgonery street Syracuee, Hew York 13n02 BY: MICHAEL LONGSTREET,ESQ. For the Defendants: (F.T. Vanderbilt 6 Gouverneur Talc) SUGARMAN, WALLACE, MANHEXM 6 SCHOENWALD 499 S. Warren street Syracuse, New York 13202 BY: SAMUEL VULCANO, ESQ. DAVID KALABARCA, ESQJOHN KELSE, ESQ, For the Defendant: (St- Joe Mineral 6 Fluor Corporation) MACKENZIE, SMITH, LEWIS, HICKELL 6 HUGHES 600 Onondaga Saving Bank Building Syracuse, Hev York 13202 BYt AVA RAPHAEL, ESQ. . CORPORATE REPORTERS, INC, 1 Madiaon Boulevard cansstota, Dev York 23032 (315) 697-5211 2670 1 HIHCKLER - LoNGSTREET 2 HR, WKGSTREEl! In gsnfttal. 3 HR. VUIAANO: I object on foundation. A They send you to the cleanest pieces, they don't 5 send you vfcere it's loaded up with dust but they put it on 6 when you worked the crusher and that crusher was dusty. 7 Q Do you have a recollection, as you sit hara today, 0 of the tines when you were wearing the dust collector? 0 Any specific tines? 10 A No. 1f g Mho were some of the other fellows you worked with 12 over the years at Couverneur! 13 A Carl Matthews, Harold Aya, John Conklin, t4 Bill Fuller, Ed Tarlo, Ed Flemmings, Ely shippy, 1 can *5 keep going on, there is a lot of them I worked with, a lot 16 of guys. 17 Q Okay. Here you aware whether any of those fellows 16 have pulaionary probleas as a result of tha dust? 19 MR. VOLCANO: Objection. 20 A yes, pretty near all of then. 21 Q Did the couverneur Talc Company conduct physicals " i on a regular basis? !3 A we either had the phyaieala every year or the M x-rays every two years or the x-rays every year and the 25 physical every two years or whatever, in the later years. T 21 NIKCXUSK - LCWGSIJWBT q Who wore the doctors that did the physicals? A I think Dr. Dodd did most ot thee. Dr. Wright, thirc was a Dr. Fung who did one on Be, Dr. Vansllg did tlit first one, there eight have been Bore in between thsre, I don't know. q Were those doctors your personal physicisns or were the; ployed ox engaged by someone else? A No, they cone free Gouverneur Talc, Vanderbilt or Whoever hired then. Dr. Dodd is ny family physician. 0 But When he did the physicals, wes it something you asked hie to do? A No, he did it for the company. . 0 Did any of those doctors tell you of problems that you were having with your lungs or your pulmonary system? A MO. MR. VOLCANO: Objection. Q Any time prior to August of 1SA9? MX. VOLCANO: Objection. A No. O Did any of those doctors tell you, prior to August of 1969, that you didn't have a problem with your lunge or pulmonary system? MB. VOLCANO: Objection. 2072 1 MtNCKLER - tOHGSTKSET 8 Q t>i& any of those doctors reveal the results of the a physical or the x-rays taken on behalf of the 4 Gouvetfieur Talc Company? 5 A No. e Q Nave you ever been hurt -- Strike that* 7 Before August of 1989, had you ever been hurt? 6 A Yeah, I hurt ay hack or shoulder blade or back, broke ft couple of fingers, other than that, there hasn't to been nothing too serious, never missed any ties. 11 Q ffhen you say you hadn't visaed any ties, could you 12 be sore specific about that? (3 A Hall, I hadn't lost a days work in 33, 24 years, 14 something like that, r hadn't missed' a day of work. t$ Q Prior to August of '$*? 16 A Right. 17 (An off the record discussion was held*) 10 0 Have you ever met a fellow by the name of 19 Hugh Vanderbilt? 20 A I never net him personally, but I eftw hie. 21 O When did you first see Mr. Vanderbilt? 22 A Kell, hs walked through the sine a few times and X 23 saw him in the carpenter shop* 24 Q could you describe for us the ciroixffstsncas 25 surrounding the tlae you r.aw hie in the curpthter shop? T 2073 23 MINCXIXR - LONGSTREET a Well, that is when ha was having a lot of trouble about the fibers or asbestos or soaething. He cane up and talked to us, there was pieces In the paper where It didn't look too good for Vanderbilt and all thlB stuff or Gouverneur Talc. He told ua not to worry about it because everything was under control. Q Can you tell us specifically what you remember hie saying to you? A Well, he said ha was gonna work -- he spent a lot of noney trying to get this fiber, asbestos or whatever he was calling this, taken care of, spent fifteen, twenty.million dollars on it, I guess he Bald if that didn't work, he knew sonebody that could help hia out pretty good. G Who was that? A Suae senator, he said -- I an not mentioning no names, he said he had hia right here. Q When you say had him right here, you're pointing to your back pocket? A That's right. Q How tinny people witnessed thee speech tbat Mr. Vanderbilt gave? A Well, all the sinars were,there, the day ehift, all the millers were there, the day shift, I think all the 2074 MXNCKLER - LONGSTREET pit was there, but X an not sure, it was an open pit. Q Ware you aver told by anyone at the company whether the product was asbestos or not? A Hofaody ever told me nothing about it. g Did there coma a tine in early 1989 when you Bade an inquiry of somebody at the conpany concerning your lungs? A Yeah. 0 How did that come about? A Wall, I -- they sent one guy to Ogdensburg to some specialist for his lungs. I couldn't breath so x asked them if X could go. So, he said ha didn't know if I could go or not but he'd write to somebody that could let him know. He wrote to Connecticut -- somebody, they r e v i e w e d my file, he said Z couldn't go, there was nothing wrong with me. 0 Who were you dealing with when you made that request? A Doug Beshardt (phj. Q who is he? A Personnel Manager. (An off the record discussion was held.) (WHEREUPON EXHIBIT 5 WAS MARKED FOR IDENTIFICATION.) Q Charlie, I am showing you Exhibit 5 for L 2075 25 1 KXKCKLER - LOHS6TREET 2 identification. What is that set of documents? 3 A This is what Doug sent down to see if I could go A get the physical, this is what I got back. 5 q Did you read this over back in 1989? 6 A Yeah. 7 Q Now, there is a reference in the first page here -- 8 KR. VULCAMO: Just before you start to read 9 or refer to thee, so 1 don't put a standing 10 objection to any reading fron or reference to It those documents, they're not in evidence 18 Obviously there is nobody here to accept then into 13 evidence. There is no foundation to sake those 14 that anyways. 15 KR. LONGSTR2ET: 1 will just ask him a few 16 questions about the documents. 17 Q There is a reference in here to a Dr. Bolecky. Do 18 you know who that doctor is? IS A I never saw hie. 20 Q Did that doctor ever conteet you? 21 A Ho. 22 Q Who told you that you wouldn't need further 23 eadical attention? 24 A Well, Doug sent all that stuff back over fro* the 25 mill to me. T zm 1 KZMCKLER - LOKCSTRBET 2 HR. VULCANO: Object to the last question. 9 Q Did you have a conversation with Hr. Beshardt 4 about ths condition of your lungs or the need for future S aedical attention? e A Yeah, 7 Q What did he tell you? e A He said he had contacted this guy to sea If I 9 needed it and if I needed it, he'd recommend it. 10 Q After that conversation, did he tell you whether 11 you needed further medical attention or not? .1* MR. VULCANO; objection. 13 A He said X didn't need it. U Q Prior to August of 1990, did you ever seek medical 15 attention from your own personal physician for -- 16 A No. 1? Q -- heart or lung problems? 16 A No. 19 Q Whan was the last tine, prior to August of 1989, 20 that you had seen a physician for any nedical problem, 2t other than the company's doctors? 22 A X don't know when it was, probably when I broke my 23 fingers. I never been to the doctors, probably the last 24 physical I had, that was the last tine 2 seen a doctor. 25 Q Did there come a tine in August of 1989 when you T 2077 1 MINCKX2R - LOHGSTREET 2 vent to tee a physician? 2 A Yeah, I went to see Dr. Lax. 4 Q That's Dr. Michael Lax here in Syracuse? 5 .A Right. 6 Q When did you see Dr. Lax? 7 A I think it was August loth of '69. 8 0 What did Dr Lax do tor you? S A Well, he said I had a heart attach tor one thing, 10 he sent me to Dr* Ashruf, he did a physical on me, sent me 11 back here to St* Joe's Hospital for catheterization. 12 Q Who performed the catheterization? 13 A Dr. Hark Reger. 14 Q Did there come a time that you found out the 15 results of the catheterization? 16 A Yeah, that same day, 1 had to -- then they made an 1' appointment for surgery. 18 Q Who did the surgery? 19 A Dr. Isaac Levy. 20 Q When was the surgery done? 21 A September 28, 19B9. 22 G Did there come a time after the surgery that yew 23 sought medical attention for your lunge? 24 A I still go to Dr.' Ashruf evary month or two 25 months. -T 2078 1 MIKCKLER - LONGSTREET 2 MR. VU1CANO: Just object for non-responslve 3 you asked hin about lungs. A Q Does he treat you for your lungs? S A Both, I think. 6 Q Both your heart and lungs? * ? A I think so. e MR. VULCANO: That's Dr. Ashruf? 9 MR. LONGSTREET-. Yes. 10 0 What has Dr. Ashruf told you about your lungs? 11 A I had talcosia. 12 0 When did Dr. Ashruf first tall you that? 13 A I don't know, when I go up thera Z try to do tha 14 tredmill machine, I couldn't do that. He took me right 15 off, he wouldn't let me do it at all. 16 Q This was after your heart surgery? 17 A No, before. They wouldn't let me do that up 10 there, I had to come back down here to try it, Dr. Sipple 19 Q Dr. Sipple is not your doctor, is he? 20 A No. 21 Q Who is he the doctor for? 22 A Insurance carrier, I think, 1 don't know who is. 23 Q When did you go see Dr. Sipple? 24 A I don't know if It was in June of '90, probably- 25 0 Other than Dr. Ashruf, have you seen any other