Document K6gnQObBaqDOZz2X6XaqY7gYx

Bernice Elders Rough Draft 2-6-2009 Page 1 NO. 2008-41366 JOHN A. PHILLIPS and ) IN THE DISTRICT COURT OF spouse, CYNTHIA PHILLIPS, ) ) ) ) HARRIS COUNTY, TEXAS VS. ) ) ANCHOR PACKING COMPANY, ET AL, ) ) ) Transferred From ) 11TH JUDICIAL DISTRICT NO. 2008-41366 JOHN A. PHILLIPS and ) IN THE DISTRICT COURT OF spouse, CYNTHIA PHILLIPS, ) ) ) ) HARRIS COUNTY, TEXAS VS. ) ) ANCHOR PACKING COMPANY, ET AL, ) ) 270th JUDICIAL DISTRICT ) ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORAL AND VIDEOTAPED DEPOSITION OF BERNICE ELDER FEBRUARY 6, 2009 ORAL DEPOSITION OF BERNICE ELDER, produced as a witness at the instance of the Defendant and duly sworn, was taken in the above styled and numbered cause 19 20 21 22 23 24 25 Page 2 APPEARAN CES FOR THE PLAINTIFFS: TROY D. CHANDLER Williams Kherkher Hart Boundas, LLP 8441 Gulf Freeway Ste. 600 Houston, Texas 77017 FOR THE DEFENDANT GARLOCK: PETER J. STRELITZ Segal McCambridge Singer & Mahoney 100 Congress Avenue Ste. 800 Austin, Texas 78701 FOR THE DEFENDANT TRIPLEX: BARBARA J. BARRON FRANK A. DOMINO Mehaffy Weber 2615 Calder Street Ste. 800 Beaumont, Texas 77702 ALSO PRESENT: Doug Overstreet CLS Legal Video Page 3 Page 4 1 on FEBRUARY 6, 2009, from 12:59 p.m. to 3:58 p.m., 1 INDEX 2 before KATERI A. FLOT-DAVIS, CSR, CCR, in and for the PAGE 3 State of Texas, reported by machine shorthand, at the 2 3 4 home of Bernice Elder, 14210 Sandhill Crane Drive, 4 Appearances................................... 3 5 Houston, Texas, pursuant to the Texas Rules of Civil 5 6 Procedure and the provisions stated on the record 6 7 herein. 7 BERNICE ELDER 8 Examination by Mr. Strelitz............. 9 Examination by Ms. Barron............... 10 Examination by Mr. Chandler............. 11 12 13 14 15 Signature and Changes......................... 78 16 Reporter's Certificate........................ 82 17 18 19 20 21 22 23 24 25 1 (Pages 1 to 4) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 1 EXHIBITS 2 NO. DESCRIPTION PAGE 3 4 5 1 Affidavit of Bernice Elder, 6 7 8 9 2 Industrial Accident Board Claim # F-21723 for James E. Welborn 10 11 12 3 St. Elizabeth Hospital Request and 13 Consent to Treatment and/or Operation of Ted Paderas, 12/30/65 14 15 16 4 Letter to Lumberman's Mutual Casualty 17 Co. of Illinois, dated January 16, 1945, Re: Vera Clemons vs. Garlock 18 Packing Company, from M. J. Moskowitz, M.D. 19 20 21 5 Minutes of the Asbestos Textile Institute Air Hygiene Committee 22 Meeting, dated March 7, 1956 23 24 25 1 2 6 Ontario Department of Health Environmental Health Branch, Field 3 Visit Report, Part-I, dated March 12, 1968 4 5 6 7 7 Ontario Department of Health Environmental Health Branch, Field 8 Visit Report, Part, I, dated September 30, 1969 9 10 11 12 8 Ministry of Health Occupational Health Protection Branch Field 13 Visit Report, 965-4066, Dated April 8, 1975 14 15 16 17 18 9 Defendant Garlock Sealing Technologies LLC's Original Answer 19 And Motion to Dismiss Based on Forum Non Conveniens 20 21 22 23 24 25 Page 5 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 THE VIDEOGRAPHER: We're on the record, February 6, 2,0009. It's 1259 p.m., beginning of Tape 1. Would the court reporter please swear in the witness. BERNICE ELDER, having been first duly sworn, testified as follows: EXAMINATION BY MR. STRELITZ Q. Ms. Elder, my name is Peter Strelitz, we just had a chance to meet a little bit earlier today. I thank you for taking the time to talk with us today. A. Uh-huh. Q. You understand that you're here for the deposition in the case that's been fueled by John fulfill? A. Yes. Q. Okay. And I'm sure that maybe Ms. Barron has told you, but I want today go over a little things that might help us make the record a little more complete and the record a little more smoother in this case. Okay. A. Yes. Q. Whenever I ask you questions, sometimes our tendency is to give an uh-huh, an huh-uh or a nod or shake of the of head. Page 8 For the record, could you please give us a verbal yes or no, and if you forget, I mightjust nudge you to do so. I'm not trying to be rude - A. Feel free because I know I do that. Q. Great. And another thing that you might find is that as we're having this type of a conversation, the tendency is you'll know where my questions are going, and the tendency is you'll answer my question before I I finish and and I might at times consult you off when you're giving your answer. And I'll give you the courtesy of making sure that you fully answer your question, if you'll a lot me fully answer my question so the court reporter doesn't have to take two of us talking over each other. Okay? A. Yes. Q. If at you in time you need to take a break, stretch your legs, get a glass of water. Just let us know and we'll be happy to accommodate you. A. Yes. Q. From time to time, some of the. That's just something we need to do to preserve a record. Unless Ms. Barron instructs you not to answer, you'll still have the answer the questions 2 (Pages 5 to 8) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 13 Page 15 1 A. 5 5 -- 66. Somewhere's -- 1 Q. Do you recall in the period from 1966 through 2 Q. So from 1960 to 6 of you maintained all those 2 of '68 who had that responsibility at Triplex? 3 clerical duties that you described to me earlier, 3 A. Rudy. 4 correct? 4 Q. And do you know Rudy's last name? 5 A. Yes. 5 A. Phillips. 6 Q. And when Ms. B came on in 1966, what clerical 6 Q. Do you know whether or not Rudy Phillips is 7 duties did she assume for you that you didn't have to do 7 living today? 8 any long are? 8 A. No. He's not living. 9 A. We worked together. She did the filing. 9 Q. Okay. Let's back it up. 10 Q. So you still -- 10 From 1960 through 1970, was Rudy Phillips 11 A. She did some of the billing. 11 the gentleman in charge of purchasing at Triplex? 12 Q. Okay. And I'm sorry. I didn't mean to cut you 12 A. No. Rude Rudy was not there at that time. All 13 off. 13 that time. He probably calm to work in '66, '67. 14 So from 1966 forward, would you share most 14 Q. And do you recall who was in charge of 15 of the duties with Ms. B, rather than you had some 15 purchasing prior to Rudy Phillips arriving at Triplex? 16 distinct duties and she had some distinct duties? 16 A. Mr. Wimberly. 17 A. That's right. 17 Q. Is Mr. Wimberly living today? 18 Q. So from 1966 forward, you still had clerical 18 A. No. 19 duties that related to the accounting program at 19 Q. Did they ever discuss, either Mr. Wimberly or 20 Triplex, correct? 20 Rudy Phillips discuss purchasing of products by Triplex 21 A. Correct. 21 with you at all? 22 Q. You still had clerical duties with regards to 22 A. No. 23 accounts receivable? 23 Q. Do you recall in any specifics, any of those 24 A. Yes. 24 purchasing records that you reviewed for filing back in 25 Q. You had clerical duties regarding purchasing or 25 the 1960s at Triplex? Page 14 Page 16 1 -- I'm sorry. Payment? Payroll records? 1 A. Yes. 2 A. Yes. 2 Q. What sort of purchasing records were they that 3 Q. Did you ever -- in the office where you worked, 3 you had the charge of keeping filed? 4 was that where they maintained their purchase records 4 A. They he -- they were all confirmations -- to 5 for Triplex -- 5 place the order verbally, and then they'd write the 6 A. Yes. 6 Purchase Order to confirm. And we kept all the 7 Q. -- or was that a different office? It was? 7 documents regarding purchases. 8 Did you have any responsibilities in terms of 8 Q. At did Triplex maintain any type of document 9 maintaining the purchasing records from Triplex? 9 retention policy for how long you needed to keep those 10 A. Yes. 10 purchase orders? 11 Q. What were your responsibilities with regard to 11 A. We had -- our CPA provided us a copy of some 12 that? 12 specific, probably, primarily the government 13 A. To see that it was done. 13 requirements, like bank statements. 14 Q. And when you say to see that that was done, 14 Q. Do you recall in the '60s, how long you all 15 what do you mean? 15 kept or maintained those purchasing records from the 16 A. If, you know, there was filing to be done, if 16 1960s? 17 that wasn't done, I would see to it that either I did it 17 A. I don't recall it. 18 or Ms. B did it, but it was still my responsibility. 18 MR. STRELITZ: You know, that is a lovely 19 Q. So it was your responsibility with regard to 19 chime. I really love it, but it's going to get on the 20 purchasing to maintain the filing of those purchasing 20 video. Do you mind if we take it down just during your 21 records? 21 deposition? 22 A. Yes. 22 THE DEPONENT: What? 23 Q. Did you have any responsibilities to actually 23 MR. DOMINO: The wind chime outside. Your 24 fill out or conduct any of those purchase orders? 24 wind chime, ma'am. 25 A. No. 25 THE VIDEOGRAPHER: Off the record. 4 (Pages 13 to 16) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 17 Page 19 1 (Brief recess taken.) 1 hose of every kind. Metal hose. 2 THE VIDEOGRAPHER: We're on the record at 2 Q. Anything else? 3 112. 3 A. A lot more that I wouldn't recall. 4 Q. (BY MR. STRELITZ) Ms. Elder, we're back on the 4 Q. And all I want to know is what you can recall. 5 record now. I think we've sorted out some of the noise 5 I understand we're talking about a time period that was 6 problems from your lovely chimes and we'll continue. 6 over 40 years ago and I can barely remember what I did 7 When we were last talking before we took 7 last week. So if you don't know the answer to one of my 8 that short break you had mentioned some government 8 questions, I'm perfectly okay with that answer. 9 records that your CPA had told you or some government 9 The rubber gaskets that you mentioned -- do 10 regulation with regard to keeping some documents. 10 you remember who those rubber gaskets were purchased 11 Do you know back in the 1960s? How long 11 from? 12 Triplex maintained their purchasing records in the 12 A. No. 13 files, before he destroying them? 13 Q. How about the rubber hoses -- do you recall who 14 A. No. 14 those were purchased from? 15 Q. Is it your recollection that at some time the 15 A. Mostly Goodyear. 16 purchasing records would eventually have been destroyed 16 Q. And the metal hoses? 17 after a period of time? 17 A. Flexonics. 18 A. Yes. 18 Q. Do you remember any other companies or 19 Q. Do you know whether or not -- were you 19 distributors that Triplex purchased products from in the 20 responsible for destroying any of the records as they 20 1960s? 21 became older and older? 21 A. No. 22 A. Yes. 22 Q. As you know, I represent Garlock. 23 Q. Do you recall whether or not you personally 23 Do you recall in those purchasing records 24 destroyed purchasing records that reflected any 24 recall ever seeing any records reflecting Triplex 25 purchases by Triplex during the 1960s? 25 purchases from Garlock? Page 18 Page 20 1 A. Yes. 1 A. Yes, I do. 2 Q. Based on your experience as the office manager 2 Q. What time period do you recall that being? 3 during that time period through 1974, would you believe 3 A. I can't be positive. 4 that all the purchasing records from Triplex from the 4 Q. Do you recall will it was the '60s or the '70s 5 periods 1966 through 68 have been destroyed? 5 or -- 6 A. I don't know. 6 A. '60s. 7 Q. You don't have any specific recollection of 7 Q. Do you recall any specifics about those 8 destroying an actual records, say, from 1967, do you? 8 purchasing records as they relate to Garlock? 9 A. I don't have the dates that we -- we usually 9 A. No. 10 went a period of time, let's say five years, and then we 10 Q. Do you recall what products were being 11 destroyed -- we just -- 11 purchased from Garlock? 12 Q. Would you should red the documents or just 12 A. We purchased gasket material and do you recall 13 throw them in the trash? 13 that gasket material will it was purchased directly from 14 A. Shred them. 14 Garlock or through any sort of distributor. 15 Q. Was there a shredder in that office? 15 A. From Garlock. 16 A. Yes. 16 Q. How about Johns-Manville, do you recall any 17 Q. In recalling the 1060s, what sorts of purchases 17 Johns-Manville Purchase Records? 18 did those purchasing records relate to, as best you can 18 A. Yes. 19 recollect. 19 Q. What do you recall about the Johns-Manville 20 A. Any of the products that we handled. 20 Purchase Records from the 1960s? 21 Q. Do you recall the products that were being 21 A. We handled packing some gaskets, primarily what 22 handled in the 1960s at Triplex? 22 we handled was to direct ship to customers and it came 23 A. I remember some. 23 packaged, but we'd also buy sheets from them. 24 Q. Which products can you remember? 24 Q. Do you know whether or not during the 1960s 25 A. We handled rubber gaskets. We handled rubber 25 Triplex maintained a distributorship relationship with 5 (Pages 17 to 20) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 25 Page 27 1 Q. Now, you know we're here today in a lawsuit 1 were cutting gaskets out of the sheets or if they were 2 that's been filed by John Phillips. Did you know 2 cutting Johns-Manville, he would -- in a conversation, 3 Mr. Phillips? 3 not specifically. 4 A. Yes, I did. 4 Q. So Frank would tell you we were cutting Garlock 5 Q. Okay. When was the last time you seen 5 and JM gaskets out in the gasket shop? Is that the 6 Mr. Phillips? 6 extent of your conversations? 7 A. I suppose when he quit working vacations at 7 A. It wasn't the accident tents of the 8 Triplex. 8 conversation can, but the extent of the conversation 9 Q. So other than the -- the last time you saw him 9 regarding what they were doing. 10 was in the 1960s when you worked for Triplex? 10 Q. And did you observe them as they were cutting 11 A. Right. 11 these gaskets? 12 Q. And I'll represent to you that the discovery in 12 A. Yes. 13 this matter has showed that Mr. Phillips worked some 13 Q. Did you observe whether or not that that was a 14 summers and some other times during the periods of 1960 14 dusty process, cutting the gaskets? 15 through '68. Is that your recollection? 15 A. It wasn't. It wouldn't appear to be. 16 A. Yes. 16 Q. And tell me in that gasket shop, the condition 17 Q. '66 through '68? 17 of that gasket shop -- was it a clean shop? Was it a 18 A. Uh-huh. 18 dirty shop? What were the working conditions like out 19 Q. Is that your recollection? 19 there? 20 A. Yes. 20 A. It it was clean. 21 Q. Do you recall seeing Mr. Phillips on the job at 21 Q. Do you recall any safety regulations related to 22 Triplex in that time? 22 how often the gasket shop would need to be cleaned up at 23 A. Yes. 23 Triplex in the 1960s? 24 Q. Would any of your job responsibilities have you 24 A. No. 25 on occasion go out to the gasket shop where Mr. Phillips 25 Q. Do you recall new of the other co-workers of Page 26 Page 28 1 worked? 1 Mr. Phillips other than Mr. Rodriguez out in the gasket 2 A. Yes. 2 shop in the '60s? 3 Q. Did you ever observe him working out in the 3 A. Norman Miksch, Billy Kelly. 4 gasket shop? 4 Q. When was the last time you seen Mr. Miksch? 5 A. No. 5 A. About two years ago. 6 Q. In the 1960s did you ever have occasion to 6 Q. Did you know the Welborn brothers? 7 observe anybody out in the gasket shop where Mr. 7 A. Yes, I did. 8 Phillips worked conducting their daily responsibilities? 8 Q. When was the last time you'd seen either James 9 A. I went out in the gasket shop and I would talk 9 or Tommy Welborn? 10 to some of the older employees, you know. 10 A. Whether I retired. 11 Q. Which employees were those? 11 Q. When did you retire from Triplex? 12 A. Like Frank Rodriguez. 12 A. '92. 13 Q. Did you ever have -- while you were out there 13 Q. And after 1974, which I believe you told me was 14 in the gasket shop did you actually see them performing 14 the last year where you served in the role of office 15 their responsibilities out there? 15 manager, is that when you moved over to secretary, 16 A. Yes. 16 treasurer? 17 Q. Tell me what you would observe in the 1960s 17 A. Correct. 18 when you would he see somebody working out in the gasket 18 Q. And did you do that job consistently from 1974 19 shop. 19 until your retirement in 1992? 20 A. They would -- they were cutting gaskets. 20 A. That's right. 21 Q. Were you automobile to determine who the 21 Q. Are there any employees from Triplex who worked 22 manufacturer of any of those gaskets were when you were 22 there in the 1960s that you currently are in contact 23 out there? 23 with? 24 A. I was told in talking to Frank that if they 24 A. No. 25 were cutting Garlock gaskets, you know, sheets, they 25 Q. Is Norman Misksch the last person from Triplex 7 (Pages 25 to 28) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 29 Page 31 1 that you spoke to when you spoke to him a couple years 1 MS. BARRON: Objection. Form. 2 ago? 2 You can go ahead and answer. 3 A. No. 3 THE DEPONENT: A lot of them were 4 Q. Who else have you spoken to? 4 procedures that we put in place. Maybe I was the author 5 A. I spoke to several of the girls. 5 of the procedure that we'd write up and maybe Norman 6 Q. Do you recall any of their names? 6 was. 7 A. Yes. Toni. 7 Q. (BY MR. STRELITZ) Do you recall writing up 8 Q. Toni's last name? 8 safety procedures in the 1960s? 9 A. Tricka. 9 A. Not writing them up, but we got them from a lot 10 Q. Tricka? 10 of the manufacturers. 11 A. Yes. 11 Q. What sorts of safety procedures are you 12 Q. When did you speak with Toni Tricka? 12 referring to? 13 A. Six months ago. 13 A. They sent us, along with the spec sheets, they 14 Q. Who else? 14 mind send us some safety procedure for the material. 15 A. Because you asked, he don't remember. 15 Q. And then how would those safety materials or 16 MS. BARRON: Who else? 16 safety procedure be communicated to the employees at 17 MR. STRELITZ: She says she doesn't 17 Triplex? 18 remember. 18 A. By Norman or Billy Miksch or even Jim Welborn. 19 Q. If at some point a name pops up in your mind, 19 Q. Do you remember any of the specifics with 20 would you let me know? 20 regard to any of the safety procedures that were 21 A. I will. 21 communicated by these gentlemen? 22 Q. Okay. Great. 22 A. No, I don't. 23 When were you first contacted, and I don't 23 Q. Were you responsible for any sort of safety 24 want to get into any specifics about any conversations 24 training? 25 you had, but when were you first contacted in regard to 25 A. No. Page 30 Page 32 1 Mr. Phillips' case that we're here for the deposition at 1 Q. Were there any safety policies or procedures in 2 today? 2 writing at Triplex in the 1960s that you can recall? 3 A. When I got that Subpoena. 3 A. Yes, we had some. 4 Q. And the Subpoena for your deposition today? 4 Q. What kind of procedures were in writing that 5 A. Yes. 5 you recall? 6 Q. Do you recall prior to that giving an affidavit 6 A. I don't recall. Norman and Billy kept that up, 7 with regard to Workers' Compensation? 7 but I... 8 A. Yes. 8 Q. Where would those safety procedures and 9 Q. Do you recall when you were contacted about 9 policies be kept? 10 that Affidavit? 10 A. In the shop where Norman's office was or 11 A. No. 11 Billy's office. 12 Q. Have you ever seen your designation that the 12 Q. That would be a shop that was different from 13 attorneys for Triplex filed in this case that we're here 13 the office where you kept your files? 14 for today? 14 A. Yes. 15 A. No. 15 Q. Who was responsible for those files regarding 16 Q. And I just want to briefly -- it's a short 16 the safety procedures? 17 designation, but I want to ask you a couple questions 17 A. That was Norman. 18 about it. 18 Q. Do you recall Triplex catalogs -- where those 19 In their Discovery Responses, Triplex 19 were can kept in the 1960s? 20 states that Ms. Elder may have personal knowledge of the 20 MS. BARRON: Objection. Form. 21 policies and procedures implemented at Triplex, as well 21 THE DEPONENT: At their office, the sharp 22 as working conditions and safety procedures. Okay? 22 office. 23 What knowledge do you have with regard to 23 Q. (BY MR. STRELITZ) Did you have any 24 policies and procedures and safety procedures 24 responsibilities as it related to the Triplex catalogs 25 specifically at Triplex? 25 in the 1960s? 8 (Pages 29 to 32) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 37 Page 39 1 there was anything up for renewal. 1 Q. Do you recall any long of a period of time that 2 Q. And you mentioned in Paragraph 3 of your 3 Affidavit that one of your responsibilities was ensuring 2 they -3 A. No, I don't. 4 that the company's Workers' Compensation insurance did 4 Q. Did you also maintain ledger sheets for the 5 not lapse. 5 Workers' Compensation policies? 6 A. That's right. 6 A. Yes. We had spreadsheets for insurance, and 7 Q. Was there any time during the 1960s that you 7 other things that were kept. 8 can recall that the Workers' Comp. insurance for Triplex 8 Q. Do you know how long those ledger sheets were 9 lapsed? 9 maintained? 10 A. No. 10 A. No, I don't. 11 Q. During the 1960s was Triplex covered by 11 Q. Were you ever asked to -- well, strike that 12 Workers' Compensation insurance continuously from the 12 have. 13 time you were there in 1960 through 1970? 13 During the period, 66 through '68 that John 14 A. Yes. 14 Phillips worked at Triplex, is it your belief that 15 Q. How do you know that? 15 Triplex maintained Workers' Compensation insurance 16 A. Because I'm the one that kept the records, and 16 during that time? 17 I'm the one that made sure that our policies did not 17 A. Yes. 18 expire. 18 Q. Would Mr. Phillips be considered an employee of 19 Q. Do you recall whether or not those policies had 19 Triplex at that time that would be covered by the 20 any sorts of exclusions to them? 20 Workers' Compensation insurance? 21 A. Not -- no. They didn't. 21 A. Yes. 22 Q. And in Paragraph 3, you say that you personally 22 Q. And that policy would not exclude any claims 23 recall handling paperwork for workers comp. Claims by 23 for asbestos exposure? 24 patient employees. 24 A. No. 25 I think I might have asked you this all 25 Q. Do you recall from the time that you started at Page 38 Page 40 1 right already. . Do you know any of the names of any of 1 Triplex in 1960 through 1992, whether or not Triplex 2 those employees? 2 received any Workers' Compensation claims related to 3 A. Jim Welborn. 3 asbestos exposures? 4 Q. And was that for the claim regarding his 4 A. Yes. I think it was in '98 that we received 5 fingers? 5 one. 6 A. Yes. 6 Q. Do you know who that was for? 7 Q. And you recalled reviewing the Workers' 7 A. Mr. Harris. 8 Compensation policy during that time? 8 Q. Do you know Mr. Harris' first name? 9 A. Yes. 9 A. No, I don't recollect, Doyle Harris. 10 Q. How about any others? 10 Q. Doyle, D O Y L E? 11 A. No. Not that I recall. 11 A. Uh-huh. 12 Q. Do you recall other than Mr. Welborn any other 12 Q. And did you personally handle that Workers' 13 company employees receiving Workers' Compensation been 13 Compensation claim or was that handled by somebody else? 14 fits in the 1960s? 14 A. I did. 15 A. No. 15 Q. Do you recall what injury or disease Mr. Harris 16 Q. In your Affidavit you discuss reading those 16 was complaining about in that claim? 17 Workers' Compensation policies. Are you referring to 17 A. Initially they didn't know what was wrong with 18 reading them back in the 1960s? 18 him, maybe a year or -- because he was sick for a very 19 A. Yes. 19 long time, and I'll retract the statement that I handled 20 Q. Did you maintain any Workers' Compensation 20 the claim. 21 files in the office at Triplex during the 1960s? 21 I had an insurance department, and Joyce 22 A. Yes. 22 Varnell is the one that handled the paperwork for the 23 Q. Do you know what happened to those files? 23 claim. 24 A. Probably after a period of time they were 24 Q. Do you know whether Mr. Harris worked for 25 destroyed to make room for some others. 25 Triplex? What years he worked there? 10 (Pages 37 to 40) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 65 Page 67 1 Q. There was awe time period when Triplex -- 1 why he quit selling asbestos-containing products. 2 scratch that. 2 A. Yes. 3 Who at Triplex would have been 3 Q. And what did he tell you? 4 responsibility, responsible for forwarding any lawsuits 4 A. It had become common knowledge within Triplex, 5 filed against Triplex to Triplex's attorneys? 5 so we decided that the insurance didn't want to sell us 6 If a lawsuit got filed, who would it go to 6 any insurance, an exclusion. 7 at Triplex? 7 We talked about it, and he said, well, if 8 A. It would come to me. 8 there's any possibility to, injury our customers, you 9 Q. During the '60s did you ever receive any 9 don't want to have anything to do with it. We're going 10 asbestos lawsuits? 11 A. No. 10 to quit all together. And we notified the customers. 11 Q. If Mr. I.W. Phillips had gotten that 12 Q. During the '70s did you ever receive any 12 information earlier, from all your years of working with 13 lawsuits where someone was claiming injury due to 13 him, do you think he would have quit selling asbestos 14 asbestos? 14 containing products earlier? 15 A. No. 15 MR. STRELITZ: Objection. Form. 16 Q. And was your first lawsuit, as you told the 16 THE DEPONENT: Yes. 17 first lawyer that dealt with asbestos or what people 17 Q. (BY MS. BARRON) Let's change tapes real quick. 18 thought was asbestos in 1988? 18 THE VIDEOGRAPHER: Off the record 2:41. 19 A. Uh-huh, yes. 19 (Brief recess taken.) 20 Q. And that was Mr. Doyle Harris you mentioned? 20 THE VIDEOGRAPHER: We're on the record at 21 A. Yes. 21 2:42. Beginning of Tape 2. 22 Q. And do you know what the outcome of of that 22 Q. (BY MS. BARRON) If in the 1960s you received a 23 lawsuit was? 23 warning or any information that asbestos was hazardous 24 A. At the end, they didn't charge -- they couldn't 24 would you have passed it to management? 25 decide that it was an asbestos. It was never... 25 A. Yes, I would have. Page 66 Page 68 1 Q. Mr. Doyle Harris did not have mesothelioma, 1 Q. And did you receive any warnings warnings or 2 though, correct? 2 information prior to OSHA come into effect in the '72 or 3 A. No, he did not. 3 '73 time period? 4 Q. Were you involved in the decision to quit 4 A. No. 5 selling asbestos related products? 5 Q. In terms of the of products that we sold, if 6 A. No. 6 there was a hazard with those products who would you 7 Q. Was that decision to quit selling relayed to 7 have expected to get information from about those 8 you? 8 products? 9 A. Mr. Phillips -- it was his decision. He talked 9 A. Initially, Mr. Phillips would have gone to the 10 to me about it. 10 supplier. 11 Q. And when was it, approximately, if you can 11 Q. And you're talking about the manufacturer? 12 recall, did Triplex stop selling asbestos-containing 12 Q. The ones? 13 products? 13 A. The ones that supplied it to us. 14 A. '87. Something like that. 14 Q. And we were talking about Johns-Manville. 15 Q. Is it your recollection that we had quit 15 A. Uh-huh. 16 selling before the Doyle Harris lawsuit came in? 16 Q. To your knowledge did you ever see any 17 A. Yes. 17 information at all in any of the specifications that 18 Q. And when Triplex quit selling 18 you've -- le me back up. 19 asbestos-containing products do you know what we did 19 The products that we sold -- did we get 20 with the inventory of whatever products we had there? 20 some specifications and other information on those 21 A. We scrapped it. 21 products? Like technical information? 22 Q. And when you say scrapped it, did we have 22 A. Yes. 23 people coming in and remove those products? 23 Q. Did we get that type of information from 24 A. We bagged it, Norman called someone at, and had 24 Johns-Manville? 25 him pick it up did I.W. ever tell you, I.W. Phillips, 25 A. I don't know. 17 (Pages 65 to 68) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 69 Page 71 1 Q. Do you know if we got that information from 1 A. That's right. 2 Garlock? 2 Q. And was there Workers' Compensation insurance 3 A. I don't know. 3 in 1958 and 1960, '58 and '59. I'm sorry. 4 Q. If did anyone at Triplex, from 1960 to 1970, 4 A. Yes. There was. 5 ever tell you that they received any information from 5 Q. And when you came to work at Triplex did 6 any manufacturers about the hazards of any type of 6 someone at Triplex introduce you to who we bought 7 asbestos? 7 insurance from? 8 A. No. 8 A. Yes. 9 Q. If one type of asbestos was more dangerous than 9 Q. And was that man Frank Cominskey? 10 another type, is that something else you would have 10 A. No. It was Ross Cominskey. 11 wanted to know? 11 Q. Ross Cominskey. At some point did Frank 12 A. Yes. 12 Cominskey take over? 13 Q. And, again, was that protect the employees? 13 A. Yes. 14 A. The customers. 14 Q. And was it your responsibility once you started 15 Q. And I keep on talking about employees, and 15 working there to make sure that the Workers' 16 you're reminding me that Triplex was -- was Triplex 16 Compensation was maintained? 17 concerned not only about our employees but also about 17 A. Yes. 18 the customers that he we sold to? 18 Q. Did that responsibility ever get passed to 19 A. Yes. 19 anyone else or was it something that you kept on 20 Q. If you don't mind me asking -- how old a woman 20 yourself? 21 are you? 21 A. Yes. 22 A. 81. 22 Q. And do you have personal knowledge that Triplex 23 Q. You look great for your age. I hope my skin 23 had Workers' Compensation insurance from the time that 24 looks as good as yours. 24 you started until when you retired in 1992? 25 A. That's okay. You can have all the cookies you 25 A. Yes. Page 70 Page 72 1 want. 1 Q. Did Triplex, in fact, have insurance in place, 2 Q. Your deposition is being taken which will 2 from what you knew from being in the office in '60, from 3 preserve this testimony for the future, and so there's a 3 1958, until 1992? 4 few questions that I want to ask just to preserve the 4 A. Yes. 5 testimony in the future. It may not be shown in this 5 Q. Did you over the years write checks to the 6 particular lawsuit, and apologize to Peter and Troy for 6 Cominskey Insurance that paid the premiums for the 7 taking just a few minutes. 7 Workers' Compensation insurance? 8 Peter, the first lawyer that asked you 8 A. Yes. 9 questions went through your Affidavit, and I've just got 9 Q. To your knowledge, did we ever not write a 10 a few other questions so that we've kind of got it all 10 check for insurance in any year? 11 in awe neat box. 11 A. No. 12 When you first came to Triplex in 1960, was 12 Q. Did the Workers' Compensation insurance ever 13 one of your responsibilities to acquire Workers' 13 lapse? 14 Compensation insurance? 14 A. No. 15 A. Yes. 15 Q. And, again, you know that because that was your 16 Q. And -- 16 job responsibility, correct? 17 A. Not necessary -- it was already acquired. 17 A. Yes. 18 Q. And that was my other question. When you came 18 Q. And who at Triplex was responsible for handling 19 in 1960, you know that Workers' Compensation was already 19 the paperwork for the Workers' Comp. claims? If a 20 in place for the years before, correct? 20 lawsuit came in? Would that have come to you? 21 A. Yes. 21 A. Yes. 22 Q. And do you know, what year Triplex started? 22 Q. And you had mentioned to Peter earlier that 23 A. 1958. 23 there was a Worker's Comp. Claim that Mr. Welborn had 24 Q. And that's only two years before you started, 24 filed, and if you would -- this is hard to read, but if 25 correct? 25 you would take a look at this document and see he if 18 (Pages 69 to 72) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 73 Page 75 1 this this shows Mr. Welborn's claim that was filed in 1 A. Yes. 2 1967, I believe. 2 Q. And you understand with Mr. Paderas, that is 3 A. Yes. 3 not something that you're familiar with; is that 4 Q. And I've marked that as Elder Exhibit 2. 4 correct? 5 (Deposition Exhibit 2 Marked) 5 A. I recall him working there, and I recall him 6 Q. (BY Ms. BARRON) When you were mentioning to 6 being -- husband mother working there, as well but I 7 Peter earlier that Mr. Welborn had filed a claim 7 don't remember the injury. 8 earlier, is this the claim that you were referencing? 8 Q. You were mentioning that Mr. Paderas' mother 9 A. Yes. That was the claim. 9 worked there. 10 Q. And does that look like a correct copy of one 10 A. Yes. 11 of the documents that you would have received? 11 Q. Your son worked at Triplex, correct? 12 A. Yes, this is the handwriting. 12 A. Yes. 13 Q. You had mentioned to Peter that you weren't 13 Q. I.W.'s son and first cousin worked at Triplex? 14 aware of any other Workers' Compensation claims, and 14 A. Yes. 15 there was another claim in -- he that was filed in 1965 15 Q. And his first cousin was Rudy Phillips, 16 by a Mr. Paderas. 16 correct? 17 Do you remember a Mr. Paderas. 17 A. Yes. 18 A. I remember him. I don't remember -- I remember 18 Q. And his son worked at Triplex; correct? 19 him. 19 A. Yes. 20 Q. And do you remember him ever filing a Worker's 20 Q. There appears to, that a lot of family members 21 Comp. Claim? 21 like in the summers or after school would be able to get 22 A. No. 22 a job at Triplex? 23 Q. And I'm going to hand you what I've marked as 23 A. Right, yes. 24 Elder three, to see if that refreshes your memory in 24 Q. Is that something that I.W. Phillips had in 25 materials of a prior claim. 25 place to help the kids out of employees? Page 74 Page 76 1 ( Deposition Exhibit 3 Marked) 1 A. No. 2 THE DEPONENT: I don't see where it says 2 Q. Why was that in place? How did you get your 3 St. Elizabeth -- he what happened to him. I don't 3 son to work there? 4 remember. 4 A. I knew the right people. 5 Q. (BY MS. BARRON) Is Exhibit 3 the type of form 5 Q. And did lewd Rudy know the right people? 6 that's completed for Workers' Compensation cases? 6 A. Yes. 7 A. This is different. 7 Q. What was Mrs. Paderas' job? 8 Q. Is it different than Mr. Welborn's, that's 8 A. Mrs.? 9 right there? 9 Q. Ms. Paderas? 10 A. Yes. 10 A. Uh-huh, she worked in the office. 11 Q. Do you know if the forms changed with the 11 Q. Did she work with you? 12 Workers' Compensation people over the years? 12 A. No. She was in Beaumont. 13 A. I don't recall. 13 Q. Okay. Mr. Paderas that we were talking about, 14 Q. With Mr. Welborn we have heard testimony with 14 in Elder 3, was a Beaumont employee? 15 how he got injured. Do you know the piece of equipment 15 A. Yes. 16 that he got injured on -- was it fixed right after the 16 Q. And were you responsible to make sure all eof 17 injury? 17 the offices had insurance? 18 A. I don't know if it was fixed or taken out of 18 A. Yes. 19 service. 19 Q. And so when you were talking about 1960 -- 1960 20 Q. It's your understanding that Triplex attempted 21 to correct the problem that caused Mr. Welborn's injury 20 to 1992, when you retired about Workers' Compensation 21 insurance, all locations of Triplex had insurance during 22 immediately, though; is that correct? 22 those years; is that correct? 23 A. Yes. 23 A. They were all included in the same policy. 24 Q. And do you know if Mr. Welborn was paid for his 24 Q. That's all the questions I have. 25 injury? 25 THE VIDEOGRAPHER: Off the record. 19 (Pages 73 to 76) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 77 Page 79 1 THE VIDEOGRAPHER: We're on the record at 1 Q. So no former Triplex employee has any financial 2 3:02. 2 interest anymore or any reason to say anything that they 3 EXAMINATION 3 think might hurt the company financially because they 4 BY MR. CHANDLER: 4 don't have any ownership? 5 Q. Good afternoon, Ms. Elder, how are you? 5 A. Oh, no huh-uh. 6 A. Okay. 6 Q. Now, was it a regular practice of Triplex to 7 Q. My name is Troy Chandler. I represent John and 7 have employees children's come work if the child wanted 8 Cynthia, or she goes by Denise Phillips, Rudy's boy. 8 to work hard during the summer and earn money? 9 A. Uh-huh. 9 A. Yes. 10 Q. Do you remember John coming to the plant, 10 Q. Okay. And Mr. Phillips or John Phillips or 11 specifically, while he was a high school student? 11 Butch as you remember hum -- do you remember him being a 12 A. Yes. 12 hard, conscientious worker? 13 Q. Somebody -- 13 A. Yes. 14 A. But at first... 14 Q. John said that he didn't want to embarrass his 15 Q. I'm sorry? 15 father, and a lot of times he went the extra mile and 16 A. I thought he was just coming to see his dad. 16 extra effort just because he was I.W. Phillips' nephew 17 Q. Okay. . 17 or second cousin. 18 Q. Somebody told me he had a nickname? 18 Does that make sense to you? 19 A. Butch. 19 A. Yeah. I think that all the school kids that we 20 Q. You would know him by Butch, as well? 20 hired, our kids, mostly, did do that. I know my son 21 A. Un. 21 did. 22 Q. Do you know how he got that nickname? 22 Q. He didn't want to embarrass you by being a 23 A. No. 23 slacker, did he? 24 Q. And if Mr. Phillips described I.W. Phillips -- 24 A. Exactly. 25 John Phillips or Butch described I.W. Phillips from time 25 Q. I see. Okay. Page 78 Page 80 1 to time as his uncle, would that be consistent with the 1 Now, I wanted to -- he that's really all I 2 kind of relationship they had back in the '60s? 2 want to talk to you about, about Triplex because 3 A. Yes. Yes. 3 Ms. Barron, who represents your former company talked to 4 Q. As a second cousin, Mr. Phillips would have 4 you a lot about it. 5 been much old are than John, right? 5 A. Un-huh. 6 A. Yes. 6 Q. Because I just want to make sure what your 7 Q. Okay. I want to talk to you, basically, just 7 status was with the company today, other than being one 8 about three things, and it's a little bit about your 8 of its senior states men they call from time to time. 9 history with the company, a little bit about John 9 A. Uh-huh. 10 Phillips' work there and the work conditions at Triplex, 10 Q. Let's talk about the kind of products that went 11 and then a little bit about the kind of a company 11 to Triplex. 12 Triplex was and what they would do with information 12 Now Triplex did not manufacture any 13 about safety. Okay? 13 gaskets, did they? 14 A. Uh-huh. 14 A. Anything, no. 15 Q. First of all, I know that you used to own the 15 Q. They just ordered from the company who 16 company because all employees at Triplex owned part of 16 manufactured them and forwarded them on to the people 17 the company. Today do you own any of the company? 17 who needed, them; right? 18 A. No. When you retire, you have to sell your 18 A. Right. The only thing that they would -- 19 companies stock. 19 sheets of gasket material they did cut gaskets from. 20 Q. Okay. So no former employee of Triplex owns 20 Q. And Mr. Welborn and John Phillips described 21 any part of the company anymore? 21 them coming in in big rolls. 22 A. No. 22 Do you remember that? 23 Q. And they don't get retirement because their 23 A. Yes. 24 benefit was in stock that they sold out? 24 Q. Now, do you know what a Unishear is, the 25 A. Yes. 25 electric device that would cut the gaskets? 20 (Pages 77 to 80) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 81 Page 83 1 A. Yes. 2 Q. Now, John Phillips and Jim Welborn said that 1 decade of the 1970s or later; is that right? 2 A. And there at the -- what the -- the distributor 3 when the Unishear was cut, dust would come off the 3 gave us. We didn't print any material ourselves. 4 gasket so that at the end of the nights, there would 4 Q. Okay. So even the Triplex catalog -- did you 5 have to be some sweeping. 5 get them from the distributors? 6 Does that make sense to you? 6 A. Yeah. They send them on their products, they 7 A. Yes, it does. 7 send them to us. 8 Q. Okay. 8 Q. Okay. 9 A. But there wouldn't be much. It doesn't -- it 9 A. And that's what made the catalog. 10 -- maybe it sounded like a whole bunch of dust. That 10 Q. So what Triplex said about a Garlock gasket 11 wasn't the case. 11 would come from information that Garlock gave to 12 Q. Okay. But when a man is on his hands and knees 12 Triplex? 13 cutting a roll of gaskets with Unishears and he's on his 13 A. Yes. 14 hands and knees down there, if he described it, because 14 Q. Triplex didn't make up what they wanted to say 15 he's that close to the roll, cutting it, as a dusty 15 about Garlock, they had to take what Garlock told them? 16 process, you wouldn't disagree with that, would you? 16 A. Yes. 17 A. No. 17 Q. Now, if Garlock would have given you safety 18 Q. Okay. Now, at the end of the night or rather 18 information, Triplex, go there are gaskets and hazards 19 in the mornings when clean up was done, the reason that 19 when cutting -- is that something that Triplex would 20 clean up had to be done every day is because the day 20 have made sure went into their catalogs? 21 before, they had spent all day cutting gaskets, right? 21 A. Yes. 22 A. They didn't finish up their cleaning. 22 Q. Okay. Now, if we see a catalog from Triplex 23 Q. Now, John Phillips or Butch said that more 23 and it discusses Garlock blue asbestos or dark gray 24 often than not at the end of the day the shift would be 24 rolled asbestos gaskets and there is no safety 25 over for him, and he'd get on out and wouldn't do his 25 information about those gaskets, is that because Garlock Page 82 Page 84 1 sweep up every day. 1 didn't forward it to Triplex some? 2 Would that be unusual for one of the high 2 MR. STRELITZ: Objection. Form. 3 school kids? 3 THE DEPONENT: That's right. 4 A. No. 4 MR. CHANDLER: 5 Q. Okay. Thank you. 5 Q. All right. May we conclude, Ms. Elder, that 6 Now, once in a while at Triplex in the 6 because there's no safety information about a Garlock 7 gasket shop, would they do what's kind of like a spring 7 gasket in the 1970s, the reason for that is Garlock did 8 cleaning or a major cleaning, we where they would clean 8 not pass that information to Triplex? 9 out all the bins and sweep up the whole shop, top to 9 MR. STRELITZ: Objection. Form. 10 bottom, so that it was one bigger clean day versus the 10 A. 11 every day common stuff? 11 A. That's right. 12 A. Yes. 12 MR. CHANDLER: 13 Q. So as Mr. Phillips described a big clean up job 13 Q. Okay. Do you remember that the Safety Meetings 14 that would be once a month, would that be kind of like 14 at Triplex were mostly held on over time to try to 15 the spring cleaning? I call it spring cleaning, but I 15 incentivize the employees to say? Do you remember 16 mean just one kind of big clean up job? 16 whether that happened? 17 A. Yes. 17 A. I don't remember. 18 Q. Now, my understanding from Triplex's products 18 Q. Okay. Now, Mr. Frank Rodriguez -- did you ever 19 that they sold is that Triplex itself didn't issue 19 keep track of Mr. Rodriguez and how he passed away? 20 catalogs until the 1970s but that the catalogs that they 20 A. No. I didn't. 21 had were the manufacturer's catalogs that they kept. Is 21 Q. Okay. Do you know how Mr. Frank Rodriguez 22 that right? 22 passed away? 23 A. That's right. 23 A. No. 24 Q. So if we see any catalog from Triplex in this 24 Q. Was Jim Welborn a good employee? 25 case, that is a document that must have been made in the 25 A. Yes. 21 (Pages 81 to 84) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 85 Page 87 1 Q. Was he an honest employee? 1 You told us Garlock didn't have a Houston 2 A. Yes. 2 location; right? 3 Q. Was he a dedicated, hard-working man? 3 A. That's right. 4 A. Very much so. 4 Q. Johns-Manville did have a Houston location, 5 Q. You wouldn't have any reason to dispute 5 didn't they? 6 anything Jim Welborn says about his working conditions, 6 A. Yes. 7 would you? 7 Q. They were kind of competitors for you for their 8 A. No. I might not remember the same as he does, 8 very own products? 9 but -- 9 A. Okay. If I said that Garlock didn't have a 10 Q. After 40 years, that's pretty normal, isn't it? 10 Houston location -- I don't know if Garlock did or not. 11 A. Yep. 11 Q. Okay. You don't know of a Houston location for 12 Q. Yes, ma'am. Okay. When you discuss 12 Garlock? 13 Johns-Manville with the Garlock lawyer, you were asked 13 A. Huh-uh. 14 did Triplex order Johns-Manville and you said, quote, 14 Q. Is that right? 15 some, and a lot of it was direct shipped and came 15 A. Yeah. That's right. 16 packaged. 16 Q. You do know of a location in Houston for 17 Do you remember that? 17 Johns-Manville; right? 18 A. Yes. 18 A. Yes. 19 Q. What did you mean by came packaged? 19 Q. But does it make sense to you that if Garlock 20 A. We had asbestos -- we'd buy asbestos rope from 20 did have a Houston location the way that Johns-Manville 21 them, and they were packaged in large box and we'd ship 21 did because of what you did for Triplex, that's 22 them directly. 22 something you more likely than you would have known 23 Q. Do you remember a lot of pre-cut gaskets? That 23 about? 24 is, gaskets that Triplex wouldn't have to cut from a 24 A. They could. 25 roll, coming from Johns-Manville? 25 Q. Is that right? Page 86 Page 88 1 A. Yes. 1 A. Yes. 2 Q. And if Johns-Manville sent pre-cut gaskets, 2 Q. Okay. Now, because Johns-Manville had a 3 there's nothing for Butch Phillips or John Phillips to 3 location in Houston, were they selling to plants, 4 do with it, is it? 4 refineries or customers, too? 5 A. No. Huh-uh. 5 MR. STRELITZ: Objection. Form. 6 Q. Is it fair to say that Johns-Manville sent to 6 THE DEPONENT: No. 7 Triplex more pre-cut gaskets than Garlock did or do you 7 MR. CHANDLER: 8 remember? 8 Q. Okay. They were selling through you? 9 A. I don't remember. 9 A. Yes. 10 Q. Okay. Whoever sent pre-cut gaskets, whether it 10 MS. BARRON: And others? 11 was Garlock or Johns-Manville, those didn't have to be 11 MR. CHANDLER: 12 cut? 12 Q. And others? I mean, Triplex wasn't the only 13 A. No. 13 Johns-Manville distributes or in town, were they? 14 Q. Unishears never touched those? 14 MR. STRELITZ: Objection. Form. 15 A. No. 15 MR. CHANDLER: 16 Q. And the press never touched those? 16 Q. Or do you know? 17 A. No. 17 A. Yes, they were the only distributor. They 18 Q. All right. Do you have an understanding as you 18 should have been the only -- we should have been the 19 sit here today whether Triplex sold more Garlock than 19 only distributor for Johns-Manville. 20 Johns-Manville or do you just not know? 20 Q. Well, for your customers or for the whole area? 21 A. I don't know, except -- well, you didn't ask 21 A. The whole area. 22 the question. I don't answer. I don't know. 22 Q. If there are other Johns-Manville distributes 23 Q. Okay. Well, let me ask you this because it 23 oars in the phone book for the years 1965 or so through 24 kind of makes sense to me. I want to see if it's 24 1970, would that surprise you? 25 consistent with your history at try Triplex. 25 A. Yes. 22 (Pages 85 to 88) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 89 Page 91 1 Q. Okay. All right. Now, Johns-Manville because 1 A. Maybe two hours. 2 they had a warehouse in Houston -- is it true that many 2 Q. Okay. 3 times they would just ship directly from their Houston 3 A. One hour to two hours. 4 warehouse to the customer in? 4 Q. One hours to two hours a week out of the 60 5 MR. STRELITZ: Objection. Form. 5 hour work week is when you would actually go to the 6 THE DEPONENT: Yes. 6 gasket shop, right? 7 MR. CHANDLER: 7 A. Yes. 8 Q. There wouldn't be any reason for Johns-Manville 8 Q. And general speaking because you had the guys 9 to ship from a Houston location to Triplex in Houston, 9 money, they'd stop what they were doing and get it for 10 right? 10 you; right? 11 MR. STRELITZ: Objection. Form. 11 A. Yes. 12 A. No. 12 Q. So generally speaking whether you went back to 13 MR. CHANDLER: 14 Q. Okay. So is this following statement true: 13 the gasket shop, you're not back there sticking a 14 paycheck down on Mr. John Phillips while he's using a 15 More often than not when Triplex placed an order for 15 Unishear on the floor, are you? 16 Johns-Manville products, Johns-Manville shipped them 16 A. No. 17 directly from their Houston warehouse to the customers 17 Q. John's stopping what he's doing, saying thank 18 location? 18 you, Ms. Elder, I appreciate it very much and he goes 19 A. That's right. 19 back to work, right? 20 Q. All right. Now, Garlock, because they didn't 20 A. Yes. 21 have a Houston location that you were aware of in the 21 Q. So is it a true statement that you never really 22 '60s, and you feel like you would have known; right? 22 had an opportunity to see up close in, and personal a 23 A. Uh-huh, I think so. 23 guy on his hands and knees cutting with a Unishear; is 24 Q. Okay. Is this a true statement: More often 24 that fair? 25 than not when Garlock products were ordered for 25 A. Up close, meaning, what? 10, 12 feet? Page 90 Page 92 1 customers, their Garlock products first came to Triplex 1 Q. Okay. Is that fair? 2 and then Triplex distributed them, is that fair? 2 A. Yeah. 3 MR. STRELITZ: Objection. Form. 3 Q. So your view of a guy on his hands and knees 4 THE DEPONENT: Triplex cut the gaskets to 4 using a Unishear to cut Garlock gaskets is from 10 to 12 5 distribute. 5 feet away versus one foot away if I'm on my hands and 6 MR. CHANDLER: 6 knees using it. 7 Q. From Garlock to the customers? 7 A. Right. 8 MR. STRELITZ: Objection. Form. 8 Q. Okay. Fair enough. 9 MR. CHANDLER: 9 There came a time at Triplex when 10 Q. Is that yes? 10 Johns-Manville Phillips worked there, Butch, he was on a 11 A. Yes. 11 facility on Kress Street; is that right? 12 Q. I'm sorry. Thank you. 12 A. Yes he. 13 Now, I know back in the '60s when John 13 Q. And there came a time in about the early 1970s 14 Phillips was working there you would go into the gasket 14 when Triplex moved locations and they had a new building 15 shop from time to time to give the men their paychecks; 15 and the gasket shop was in a new building; is that 16 right? 16 right? 17 A. Yes. 17 A. Yes he. 18 Q. Did you work a 40-hour work week or did you 18 Q. And when that new building was put in, my 19 work longer than that? 19 understanding is that I.W. had it designed so that it 20 A. Longer than that. 20 had more ventilation in that building; true? 21 Q. Okay. About 60 hours? What's fair? 21 A. Yes. 22 A. I'd say 60 hours. 22 Q. They were specific systems or engineering 23 Q. All right. Out of the 60 hour work week, Ms. 23 controls in place in the new building to remove dust 24 Elder, about how many hours a week do you feel like you 24 from the workplace, true? 25 spent back in the gasket shop? 25 MR. STRELITZ: Objection. Form. 23 (Pages 89 to 92) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 93 Page 95 1 THE DEPONENT: Yes. 1 A. Yes. 2 MR. CHANDLER: 2 Q. His had competitors who sold gaskets would say 3 Q. Now, I guess that was probably a lot of money 3 nice things about him? 4 to do that? Wasn't cheap, was it? 4 A. Yes. 5 A. No. 5 Q. That's quite a testament. I hope we can all 6 Q. You paid the bills for that? 6 have people say that about us. 7 A. Yes, I did. 7 A. I won't. I'm quite sure. 8 Q. That's not just something that anybody would 8 Q. You won't? 9 think, spend a hundred bucks and do it? It was a 9 A. Very -- most admired person around the Triplex 10 significant investment for Triplex, wasn't it? 10 area that I've ever done business with. 11 A. Large investment. 11 Q. That is neat. 12 Q. Large investment, is Mr. Phillips, the kind of 12 A. He was wonderful. 13 guy, I.W. who owned the company, who had known a large 13 Q. Weren't there other companies called Triplex in 14 investment in engineering controls to control dust was 14 different locations? Wasn't there one in Louisiana, a 15 necessary 10 years earlier, say, the mid 1960s, would he 15 company called Triplex? 16 have done it? 16 A. We had a Triplex Rubber & Supply Company of 17 MR. STRELITZ: Objection. Form. 17 Beaumont. Of Baton Rouge. Of Shreveport. 18 THE DEPONENT: Not -- 18 Q. When did those all come in? The '70s? 19 MR. CHANDLER: 19 A. Different years. The '70s. 20 Q. Would he have put in the same thing knowing 20 Q. When John Phillips worked at Triplex between 21 asbestos was dangerous in earlier? 21 1966 and 1968 you all were still pretty much a Houston 22 MR. STRELITZ: Objection. Form. 22 location area place, right? 23 THE DEPONENT: No. 23 A. Yeah. 24 MR. CHANDLER: 24 Q. Do you know, and maybe you don't know, and tell 25 Q. Let me make sure I understand what you're 25 me -- were there other companies that use used the name Page 94 Page 96 1 saying: Mr. I.W. put in safety controls in the new 1 Triplex in Louisiana before the 1960s that weren't owned 2 buildings right? 2 by you you? Do you know? 3 A. Right. 3 A. I believe there was one in Beaumont that had 4 Q. Now, Mr. Phillips would have put in safety 4 the name of Triplex but not the other part. 5 controls in the first building if he thought there was a 5 Q. Okay. 6 reason to do it; right? 6 A. We were Triplex Rubber & Supply Company. 7 A. Yes. 7 Q. So there was a Triplex in Beaumont but that's 8 MR. STRELITZ: Objection. Form. 8 not you guys; right? 9 MR. CHANDLER: 9 A. That's right. 10 Q. Okay. If you said no, you misunderstood my 10 Q. Do you know whether there was I a Triplex in 11 question? 11 Louisiana, too, that was a Triplex but wasn't you guys? 12 A. I is did. I certainly misunderstood. 12 A. No. 13 Q. And if the Garlock lawyers try to say at the 13 Q. You don't know? 14 trial, Ms. Elder said Mr. Phillips would not have done 14 A. I'm saying there there wasn't supposed to be. 15 it, that would be misleading, and false and just down 15 Q. Okay. 16 right deplorable. 16 A. We had the name -- the name was protected. 17 MR. STRELITZ: Objection. Form. 17 Q. Okay. 18 THE DEPONENT: If somebody knew 18 A. Shouldn't have been anybody else. 19 Mr. Phillips would never say that. 19 Q. So the only one you know of is a Triplex in 20 Q. Okay. 20 Beaumont wasn't you? 21 A. Even his enemies. 21 A. That's right. 22 Q. Even Mr. Phillips enemies would say nice things 22 Q. Ms. Elder, when Triplex quit selling 23 about him? 23 asbestos-containing gaskets on or around 1987 or so, 24 A. Absolutely. 24 that was still a time when Triplex was doing the -- was 25 Q. I.W. Phillips? 25 doing a lot of cutting for customers, right? They were 24 (Pages 93 to 96) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 97 Page 99 1 cutting a lot of gaskets still or do you know? 1 as as Exhibit No. 4, is a January 16, 1945 letter from 2 A. And selling gaskets? 2 the Lumberman's Mutual Casualty Company of Illinois, 3 Q. Yeah. What I want to know is this: In the 3 actually out of Rochester, New York, to the Garlock 4 1996 to '68 timeframe, if a customer bought pre-cut 4 folks. 5 gaskets from Triplex, the reason they would buy them is 5 Is that the date on the top? 6 so they'd show up on the job site and not have to be 6 A. That's the date. 7 cut; right? 7 Q. And it's signed by a M.J. Moskowitz, M.D., 8 A. Yes. 8 who's a doctor. 9 Q. You guys would do the work for them, right? 9 A. Yes. 10 A. Yes. 10 Q. I want to direct your attention to just the 11 Q. The '80s, was that still the same way, they'd 11 opening paragraph and then the conclusion. And you just 12 order pre-cut gaskets so they wouldn't have to cut them 12 let the ladies and gentlemen of the jury know whether 13 in the field? 13 I've read it correctly and then I'll have a question for 14 A. Yes. 14 you. 15 Q. So the people who were doing a lot of cutting 15 This 42-year old married woman entered the 16 every day were the Triplex employees; true? 16 employ of Garlock Company May 20, 1918 and worked there 17 A. Yes. 17 steadily until July 3, 1928 in the textile room 18 Q. So if there was dust from asbestos being 18 operating a loom and a creel. 19 created in the cutting of rolled sheet gaskets, it would 19 Did I read that correctly? 20 have been the Triplex employees exposed to it more than 20 A. Yes. 21 anybody; true? 21 Q. Now, for the ladies and gentlemen of the jury 22 A. Yes. 22 will see what's marked as Elder Exhibit 4. I want to 23 Q. But I understood you to say that Mr. Phillips, 23 direct your attention to the conclusion. And it's on 24 even though the customers who bought from him wouldn't 24 the second page. And I've highlighted it on your page. 25 have to be cutting the gaskets said that if there was 25 Wherein Dr. Moskowitz concludes, quote, it Page 98 Page 100 1 quote, a possibility, unquote, of danger to our 1 is my opinion in which Drs. Popoff, MacMillan and 2 customers, we're not going to sell it. Is that fair? 2 Whipple, tell me they concur that this woman died of a 3 A. That's what he -- that was how he felt. 3 pneumothorax, associated with pulmonary fibrosis and 4 Q. Okay. Now and is that the way Triplex ran 4 asbestosis. 5 their business, that if there was a risk at harm to 5 That this process began at some time after 6 people, they would do whatever they could to minimize 6 she first went to work for the Garlock Packing Company 7 harm? 7 and steadily progressed. 8 A. Exactly. 8 That she was clinically an advanced case of 9 Q. And if that meant to longer showing a product, 9 asbestosis when she returned to work for the Garlock 10 they would do that? 10 Company in December, 1942, and that the process would 11 A. Exactly. 11 undoubtedly have gone on to a fatal termination, even if 12 Q. Have you ever learned how long Garlock 12 she had not worked during the period from December 1942 13 continued to sell asbestos containing gaskets even after 13 to 1943. 14 Triplex quit selling them? 14 Did I read that correctly? 15 A. No. 15 A. Yes. 16 Q. I'm going to hand you an exhibit, Ms. Elder, 16 Q. Now my question for you you is this: As a 17 and this, I anticipate will be an exhibit in this 17 person who handled Workers' Compensation claims for 18 lawsuit, and Garlock had Workers' Compensation claims a 18 Triplex, if you found out that there was a claim of a 19 lot like Triplex did, I guess because they're an 19 Triplex employee who had died because of their work with 20 industry. That wouldn't surprise you, would it? 20 asbestos, is that something you would have brought to 21 A. No. 21 the attention of I.W. Phillips? 22 Q. And this is marked as Elder Exhibit No. 3, and 22 A. Yes. 23 it's a January 16, 1945. Exhibit 4. 23 Q. And is I.W. Phillips the kind of a man who 24 (Deposition Exhibit 4 Marked)? 24 would have taken seriously his employees being injured 25 Q. (BY Mr. CHANDLER) Ms. Elder, what I've given 25 from asbestos? 25 (Pages 97 to 100) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 101 Page 103 1 A. Yes. 1 Q. Not just gaskets because I know that the safety 2 Q. And because you're the person who handled the 2 of gaskets was never brought to Mr. Phillips' attention; 3 Workers' Compensation insurance and paying the bills and 3 right? 4 I guess you you're probably the most direct line at 4 A. No. 5 Triplex to the owner, weren't you? 5 Q. Is that correct? 6 A. Yes. 6 A. That's correct. 7 Q. I mean, you're the woman behind the power? 7 Q. Now, think about the whole line of products Mr. 8 A. I was definitely the first line of 8 Phillips sold and Triplex sold. 9 communication for him. 9 Was there ever a product where Mr. Phillips 10 Q. You blocked people from going into the office? 10 said, you know what, I'm not going to put my companies 11 You led them? You were the gate keeper, weren't you? 11 name behind that product because I don't believe in it, 12 A. Yes. 12 and even though it costs of money we're not going to 13 A. Uh-huh. 13 sell it. That happened, didn't it? 14 Q. As the gate keeper to Mr. Phillips, would my am 14 A. That happened. 15 my wanted to have known that Garlock had Workers' 15 Q. Do you know what kind of a product that might 16 Compensation claims for -- let me not ask you what he 16 be? 17 would? 17 A. Yes. We he had a stain less hose that he 18 A. Wanted to have known. Let me ask you what your 18 didn't feel was right for the application and he refused 19 company would have done. 19 to sell it to Shell. 20 What would Triplex have done if it had 20 Q. And is that, and is the reason Mr. Phillips 21 known or if Garlock had told it, we have death cases 21 felt -- let me back up. 22 from our plant due to asbestos? What based on your 22 The hoses that you sold to the refineries 23 personal knowledge of Mr. Phillips would he have done? 23 that were stain less hoses -- if those failed, there 24 MR. STRELITZ: Objection. Form. 24 could be a catastrophic injury; right? 25 THE DEPONENT: That's my personal 25 A. Very much so. Page 102 Page 104 1 knowledge. He would have called Garlock in and 1 Q. So Mr. Phillips took seriously his obligation 2 discussed it with their people that handled that, you 2 to maybe sure he was selling products that he felt like 3 know, top echelon. 3 he could stand behind? 4 And he would not -- same thing could happen 4 A. Yes. 5 to us, our employees. He wouldn't have used the 5 Q. Now, and was the stain less hose that he 6 gaskets. 6 refused to sell I.W. -- did he refuse to sell it because 7 MR. CHANDLER: 7 he was worried there might be a safety issue down the 8 Q. That would have caused Triplex money, wouldn't 8 road? 9 it? 9 A. Yes. 10 A. Yes. 10 Q. Did he lose money because he refused to sell 11 Q. That would have cost Garlock money? 11 that hose? 12 A. Yes. 12 A. Yes. 13 Q. Did you ever know Mr. Phillips to say, you know 13 Q. All right. So does that lead you to believe or 14 what, this is a product, I don't believe in? That I so 14 would it be consistent with Mr. Phillips' behavior at 15 we're not going to sell it? 15 Triplex that if he had known there was safety issues 16 A. No. 16 with Garlock blew asbestos gaskets, he would have 17 Q. That never had to come up where he had safety 17 stopped selling those, too? 18 issues with the product and he had to stop selling it? 18 MR. STRELITZ: Objection. Form. 19 A. That's the only -- yeah, there was. Not 19 THE DEPONENT: Exactly. 20 necessarily just Garlock. 20 MR. CHANDLER: 21 Q. Okay. 21 Q. Now, let me show you what I'll mark ads Elder 22 A. I mean -- sorry. Not necessarily gaskets. 22 Exhibit No. 5, ma'am, and it is a March 7, 1956 letter, 23 Q. Okay. Thank you because -- let's talk about 23 and it's minutes of the asbestos textile institute. 24 all the product line Mr. Phillips had. 24 (Deposition Exhibit No. 5 Marked) 25 A. Uh-huh. 25 MR. CHANDLER: 26 (Pages 101 to 104) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 105 Page 107 1 Q. Now, Triplex wasn't an asbestos manufacturer, 1 Q. Did Triplex ever have international locations? 2 were they? 2 A. No. 3 A. No. 3 Q. Back in the '60s, did Triplex have any 4 Q. They didn't make asbestos gaskets, they didn't 4 out-of-state locations? 5 make asbestos cloth, did they? 5 A. No. 6 A. No. 6 Q. If you will look for me, on the first paragraph 7 Q. But if you look at guest, you'll see that mouse 7 -- you let me know if I read this correctly, and I've 8 Mr. Houghton, from the Garlock Packing Company in 8 highlighted on your copy, ma'am. 9 Elmyra, New York was present at this meeting at the 9 A. Yes. 10 Asbestos Packing Institute. 10 Q. It says the above-mentioned company uses 11 Do you see that? 11 asbestos at several operations, and that's Garlock of 12 A. Yes. 12 Canada. 13 Q. And the title is "Asbestos and Cancer, a 13 Now, in the 1960s, is it fair to say that 14 Discussion Relative to Compensation," isn't it? 14 the use of asbestos at Triplex in such a way that it 15 A. Yes. 15 actually had to be cut was limited to gaskets and 16 Q. Now, you Ms. Elder, in the '60s you recognized 16 packing? 17 and just because of commonsense, that cancer is a very 17 A. That that would be the only thing -- 18 serious disease; right? 18 Q. That would be the only thing they used in the 19 A. Yes. 19 '60s that actually had to be cut that was made from 20 Q. Even back in the '60s, you knew that, didn't 20 asbestos was gaskets and packing? 21 you? 21 A. Yeah. 22 A. Yes. 22 Q. Now, there's been some suggestion by the 23 Q. And was Triplex in the business of selling 23 Garlock Company in in case that Triplex had asbestos 24 products they thought might even, if there was a 24 cement pipe that was cut at the Triplex facility. 25 possibility cause cancer? 25 Would that be a correct statement or would Page 106 Page 108 1 A. No. 1 that be false? 2 MR. STRELITZ: Objection. Form. 2 A. I would not know of any. I'd -- I'd say it 3 MR. CHANDLER: 3 would be false based on my knowledge. 4 Q. If Barbara was at a meeting where they were 4 Q. Well, did you ever visit the pipe shop of 5 told that Dr. Heuper from the National Cancer Institute 5 Triplex? 6 found that asbestos and asbestosis, the disease 6 A. Oh, yes yeah. 7 asbestosis would lead to cancer -- is that something 7 Q. You delivered them their paychecks in the pipe 8 that you were ever told at Garlock in the decade of the 8 shop, too? 9 1960s or even the 1970s? 9 A. Oh, yeah. 10 A. No. 10 Q. Did you ever in your history at Triplex -- 11 Q. All right and. And if am Mr. Phillips would 11 well, let's say in the 1960s, just when Mr. Phillips was 12 have known that Garlock attended a meeting in the '50s, 12 there in the 1960s when John Phillips was working at 13 even before you went to go work at Triplex, wherein 13 Triplex, did you ever see cement pipe being cut at a 14 Dr. Heuper from the National Cancer Institute discussed 14 Triplex location anywhere? 15 the risks of cancer from asbestos -- is that a product 15 A. No. At that time we didn't have a pipe shop. 16 Mr. Phillips would have ever sold, ma'am? 17 Mr. STRELITZ: Objection. Form. 16 Q. Now, does this make sense to you consistent 17 with the pay Triplex operated, if they ordered cement 18 THE DEPONENT: No. 18 pipe -- first of all, that's kind of a heavy product? 19 MR. CHANDLER: 19 It's not like a roll of gaskets, is it? 20 Q. Okay. Now, let me show you a document that 20 A. Uh-huh. 21 we've marked as Elder Exhibit No. 6, and it is a Field 21 Q. Is that right? 22 Visit Report, dated March 12, 1968, to Garlock of Canada 22 A. I've never seen cement pipe. 23 in Toronto. 23 Q. Fair enough. Fair enough. We'll just leave it 24 ( Deposition Exhibit No. 6 Marked) 24 at that at that then. 25 MR. CHANDLER: 25 The first paragraph of Elder Exhibit No. 27 (Pages 105 to 108) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 109 Page 111 1 6, directions were suggested in June of 1966 for 1 correctly? 2 improving conditions. There has been no apparent change 2 MR. STRELITZ: Objection. Form. 3 in operations since they were issued. The directions 3 THE DEPONENT: Yes. 4 were reissued in December 1967, and now a time limit to 4 MR. CHANDLER: Now, your son in 1969 was 5 May 15, 1968 has been placed on them. 5 working working at Triplex, wasn't he? 6 One of exposures in question is the South 6 A. Yes. 7 African Blue, Blue Crocidilite asbestos and is 7 Q. He was working in the gasket shop, wasn't he? 8 considered extremely serious. 8 A. Yes. 9 Did I read that correctly? 9 Q. If you had known as a mother that there was a 10 MR. STRELITZ: Objection. Form. 10 zero T.L.V. that quote, any exposure is considered to be 11 THE DEPONENT: Yes. 11 potential my dangerous, end quote, would you have as a 12 MR. CHANDLER: 12 mother have allowed your son to work in that gasket 13 Q. Ms. Elder, did you ever see anything come in 13 shop? 14 from Garlock to Triplex, that said that working with 14 A. No. 15 Blue African asbestos is extremely serious? 15 Q. And would Rudy Phillips as a father if he had 16 A. No. 16 known that working with blue asbestos was considered to 17 Q. If Mr. Phillips had been told by any state or 17 be potentially dangerous and an exposure for which there 18 government agency to fix problems at his plant -- is he 18 was no T.L.V., would Rudy Phillips have allowed John 19 the kind of guy that would do it the first time without 19 Phillips to have worked in his gasket slop? 20 having to be told again? 20 MR. STRELITZ: Objection. Form. 21 MR. STRELITZ: Objection. Form. 21 THE DEPONENT: No. 22 THE DEPONENT: Yes. He would. 22 MR. CHANDLER: 23 MR. CHANDLER: 23 Q. Would I.W. have allowed any of your kids to 24 Q. Okay. All right. 24 work in the gasket shop had he known that there was a 25 Let me show you what I've marked as Elder 25 zero T.L.V. around blue asbestos and that any exposure Page 110 Page 112 1 Exhibit 7, ma'am, and it's another filed visit report 1 was potentially dangerous? 2 for Garlock of Canada, but this one is dated September 2 MR. STRELITZ: Objection. Form. 3 30, 1969. 3 THE DEPONENT: No. 4 (Deposition Exhibit 7 Marked) 4 MR. CHANDLER: 5 MR. CHANDLER: 5 Q. Okay. Have you ever seen anything from Garlock 6 Q. You can put that aside. 6 where they describe blue asbestos to anybody at Triplex 7 Here's Elder Exhibit No. 7, and it's the 7 as quote highly toxic material unquote? 8 Field Visit Report for September 30, 1969. 8 A. No. 9 And I want to direct your attention to the 9 MR. STRELITZ: Form. 10 comments on the second page and just ask you if this 10 MR. CHANDLER: 11 information was ever communicated to you and it's 11 Q. And just for the record so that somebody in the 12 Comment No. 1, on the bottom of the page, ma'am. 12 future can see this, I'll attach Exhibit 8, the April 8, 13 And it says, "as mentioned earlier in this 13 1975 Field Visit Report for Garlock of Canada limited 14 report, I have a feeling that the company use the blue 14 and just so you know, I'm not exaggerating to you, Ms. 15 asbestos crocidolite more often than they admit. 15 Elder. Here it is. 16 Mr. Nelson has found them using the blue asbestos on 16 ( Deposition Exhibit 8 Marked) 17 three previous occasions. 17 MR. CHANDLER: 18 I was told during the visit that the blue 18 Q. It says the blue asbestos bobbins have been 19 asbestos was not being used that day when I found it 19 left in the work area uncovered, and thus exposing the 20 being used at one of the of braiding machines. 20 employees to this highly toxic material since October, 21 Furthermore, that braiding machine was not 21 1974. 22 fitted with any local exhaust. It should be noted here 22 Did I read that correctly? 23 that the T.L.V. for blue asbestos is zero and any 23 MR. STRELITZ: Objection. Form. 24 exposure is considered to be potentially dangerous. 24 THE DEPONENT: Yes. 25 Ms. Elder, first, did I read that 25 MR. CHANDLER: 28 (Pages 109 to 112) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 113 Page 115 1 Q. Now, highly toxic -- that would be -- let me 1 what he did, was not -- he certainly wouldn't have known 2 back up. 2 that -- if he would have known it was a problem, he 3 Would a phrase like any exposure being 3 would not have done it. 4 potentially dangerous -- is that the kind of a phrase 4 MR. CHANDLER: 5 that would have gotten Triplex's attention? 5 Q. Thank you. Did you see any evidence that John 6 MR. STRELITZ: Objection. Form. 6 Phillips failed to exercise ordinary care for his own 7 THE DEPONENT: Absolutely, it's like a red 8 light. 7 safety when working at Triplex. 8 MR. STRELITZ: Objection. Form. 9 MR. CHANDLER: 9 THE DEPONENT: No. 10 Q. And highly toxic -- two that be something 10 MR. CHANDLER: 11 that's like a red light. 11 Q. Did you see any evidence that John Phillips 12 MR. STRELITZ: Objection. Form. 12 failed to use safety equipment when he knew he should 13 THE DEPONENT: Yes. 13 have? 14 MR. CHANDLER: 14 A. No. 15 Q. And highly toxic and zero T.L.V. and any 15 MR. STRELITZ: Objection. Form. 16 exposure being potentially dangerous -- he are those 16 MR. CHANDLER: 17 strong warning words that would have grabbed your 17 Q. Did you see any evidence that John Phillips 18 attention. 18 improperly used a Garlock gasket? Like he was doing 19 MR. STRELITZ: Objection. Form. 19 something with it that it wasn't meant to be done. 20 THE DEPONENT: Yes. 20 MR. STRELITZ: Objection. Form. 21 MR. CHANDLER: 21 THE DEPONENT: No. 22 Q. Let me show you what I'll mark finally in this 22 23 case, ma'am another exhibit, and this one is the answer 23 MR. CHANDLER: Q. Okay. Did you know in this case that Garlock 24 of the Garlock Company, we are on Exhibit No. 9, and 24 is saying that the employer or Triplex knew or should 25 it's the answer of the Garlock Company to the 25 have known that asbestos was dangerous at a time when Page 114 Page 116 1 allegations in this lawsuit. 1 Mr. Phillips was working there? Did you know they were 2 In other words, this is the companies 2 doing that? 3 position on matters in the case. That's the Garlock 3 MS. BARRON: Objection. Form. 4 companies position. 4 MR. STRELITZ: Objection. Form. 5 MR. STRELITZ: Objection to the sidebar. 5 THE DEPONENT: No. 6 ( Deposition Exhibit 9 Marked) 6 MR. CHANDLER: 7 MR. CHANDLER: 7 Q. If Garlock -- 8 Q. I want to ask you if you have any evidence for 8 A. Which Exhibit? 9 the following affirmative defenses issued by Garlock. 9 MS. BARRON: She's looking for your 10 Let me ask the question for the record. 10 exhibit. 11 Ms. Elder do you have any evidence that 11 MR. CHANDLER: 12 John Phillips or Butch because of his own care lessness 12 Q. I'm sorry. I'm looking at this one right here. 13 would have caused himself injury with asbestos? 13 You don't have a copy of it. But it's affirmative 14 MR. STRELITZ: Objection. Form. 14 defenses and it says plaintiff's own negligence and I 15 THE DEPONENT: No. 15 just ran down the list of all the things they accuse Mr. 16 MR. CHANDLER: 16 Phillips of. Just take a look at that list real quick. 17 Q. If Garlock alleges in this case that Mr. 17 MR. STRELITZ: Objection. Form. 18 Phillips, John Phillips or Butch as you knew him, its 18 THE DEPONENT: Okay. 19 his fault he's sick, what would you say to that? 19 MR. CHANDLER: 20 A. Well, he can't be. 20 Q. And when you're done looking at that, just tell 21 MR. STRELITZ: Objection. Form. 21 me. 22 MR. CHANDLER: 22 A. Okay. 23 Q. Why is that? 23 Q. Now, on the list of affirmative defenses that 24 MR. STRELITZ: Objection. Form. 24 Garlock has, do you have any evidence that John Phillips 25 THE DEPONENT: Because what he did was -- 25 did any of that stuff? 29 (Pages 113 to 116) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 117 Page 119 1 A. No. 1 MR. CHANDLER: Object to the form. 2 Q. All right. 2 THE DEPONENT: This is what I believe 3 MR. STRELITZ: Objection. Form. 3 Mr. Phillips stance would be: Butch would do what he 4 MR. CHANDLER: 4 thinks is right. 5 Q. And do you have any evidence that the employer 5 Q. (BY MR. STRELITZ) And if in the petition that 6 or Triplex knew Triplex knew or should have known of the 6 Butch filed in this lawsuit alleges that he believes 7 hazards incident to the work being performed in their 7 that Triplex acted with gross negligence and conscious 8 gasket shop? 8 disregard for his safety and well being, would 9 MR. STRELITZ: Objection. Form. 9 Mr. Phillips believe that Butch was doing what he 10 THE DEPONENT: No. 10 thought was right by alleging those allegations? 11 MR. CHANDLER: 11 THE DEPONENT: Well. 12 Q. Does it kind of offend you that Garlock would 12 A. Well, he would believe that Butch would have 13 be pointing the finger at you as the employer. 13 knowingly said these things. 14 MR. STRELITZ: Objection. Form. 14 Q. And based on your observations of Mr. Phillips, 15 THE DEPONENT: Yes. 15 you believe him to be trustworthy and believable; 16 MR. CHANDLER: 16 correct? 17 Q. Now, you I know you've spoken to Ms. Barron and 17 A. Very much, so. 18 she represents Triplex in had case; right? 18 Q. And if he made those allegations in a lawsuit, 19 A. Yes. 19 you would believe that he firmly believes those 20 Q. Have you found Ms. Barron to be an honest and 20 allegations? 21 truth worthy woman? 21 MR. CHANDLER: Object to the form of the 22 MR. STRELITZ: Objection. Form. 22 question. 23 THE DEPONENT: Yes. 23 MS. BARRON: Same objection. 24 MR. CHANDLER: 24 THE DEPONENT: I don't know. 25 Q. Just for your client, Barbara. 25 Q. (BY MR. STRELITZ) Does it surprise you that Page 118 Page 120 1 Ms. Elder, I have very much appreciated 2 your time. I'm sorry you got a Subpoena dropped on you 1 Butch Phillips sued Triplex. 2 MR. CHANDLER: Object to the form of the 3 you by the Garlock Company. I know you have better 3 question. 4 things to do than to sit here and talk to us. It's 4 THE DEPONENT: I can't say. 5 very, very nice to meet you. Pass the witness. 5 Q. (BY MR. STRELITZ) Why can you you say. 6 6 MR. CHANDLER: Object to the form of the 7 EXAMINATION 7 question. 8 BY MR. STRELITZ 8 THE DEPONENT: Because -- I don't know the 9 Q. Ms. Elder, Peter Strelitz again and I have some 9 circumstances. I don't know that maybe Butch had to go 10 questions for you. 10 first through Triplex to get to Garlock or whoever. So 11 Mr. Chandler and Ms. Barron were asking you 11 I don't know what the procedure was. I don't know what 12 some questions about I.W. Phillips and Rudy Phillips and 12 he was told. I don't know anything that -- you know, I 13 the environment over at Triplex and you've described to 13 don't know. 14 us some of the familial relationships there; correct? 14 Q. (BY MR. STRELITZ) If in his Petition filing 15 A. Yes. 15 this lawsuit Mr. Phillips stated that he believed that 16 Q. And Mr. Chandler just asked you whether or not 16 or he alleged that Triplex had subjective or actual 17 it offended you that Garlock in his answers had alleged 17 awareness of the dangers associated with asbestos -- 18 that Triplex was -- that Garlock alleged that Triplex 18 wrote would that surprise you? 19 act negligently towards Mr. Phillips. 19 A. Yes, but, again, I don't know his reasoning. 20 Do you remember that question? 20 Q. You mentioned that your son worked at Triplex 21 A. Yes. 21 shortly -- did they ever overlap, Mr. Phillips and your 22 Q. Okay. Based on the familial relationship that 22 son when they were working in the gasket shop at Triplex 23 you've described for us, how do you think I.W. Phillips 23 that you know of? 24 would react that John Phillips his second cousin has 24 A. No. They didn't overlap. 25 sued Triplex. 25 Q. And your son worked directly after him? 30 (Pages 117 to 120) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 121 Page 123 1 A. Yes. 1 A. No. -- not -- I do know they cut more gaskets 2 Q. For those three summers? 2 from Garlock sheet than they did Johns-Manville just 3 A. Yes. 3 because we dropped ship more from Johns-Manville than we 4 Q. Has your son ever filed a lawsuit against 4 did Garlock. 5 Triplex? 5 Q. When -- earlier you asked about a Department of 6 A. No. 6 Health guideline from 1958 to 1959 and you'd said you'd 7 Q. Did you ever talk to your son about the types 7 never seen that, correct? 8 of products that he worked with in the gasket shop? 8 A. No. 9 A. We talked a little bit about it because he'd 9 Q. Had you had heard of the Department of Health 10 come home so dirty. I'd ask him what he did that day. 10 guideline prior to today? 11 Q. What did he tell you he did? 11 A. No. 12 A. Mother, I worked all different places. They'd 12 Q. Was it at your deposition -- was that the first 13 send him around different parts of the shop. 13 time you heard about it or did you hear about it prior 14 Q. When you were talking with both Mr. Chandler 14 to your deposition? 15 and Ms. Barron about Johns-Manville and this direct 15 A. Yes. That was the first time. 16 shipments from the Johns-Manville company -- that's not 16 Q. And I believe when Mr. Chandler was talking to 17 to say that Triplex didn't purchase or didn't distribute 17 you about Johns-Manville, you stated that Johns-Manville 18 gaskets from Johns-Manville directly from the Triplex 18 had annex clue sieve distributorship relationship with 19 facility, correct? 19 Triplex? 20 A. You mean that --. 20 A. We had were Johns-Manville. 21 MR. DOMINO: Objection. 21 Q. And that Triplex was the only shop in town that 22 THE DEPONENT: You mean, they purchased 22 was going to be selling Johns-Manville gaskets; is that 23 gasket materials and cut gaskets? Is that what you 23 correct. 24 said? 24 MR. DOMINO: Objection. Form. 25 MR. STRELITZ: Correct. 25 THE DEPONENT: Yes. Page 122 Page 124 1 A. No. I'm. 1 Q. (BY MR. STRELITZ) That was for the period of 2 Q. (BY MR. STRELITZ) No. I'm not saying that 2 the 1960s. 3 they didn't. I'm saying they? 3 MR. DOMINO: Objection. Form. 4 A. No. I'm not saying they didn't. I'm saying 4 THE DEPONENT: Yes. 5 they did -- maybe not very many. Not very much, but 5 Q. (BY MR. STRELITZ) Do you recall situations when 6 they did. 6 Johns-Manville would object to Triplex selling other 7 Q. They did; correct? 7 gaskets or purchasing other gaskets from other companies 8 A. Uh-huh. 8 based on that distributorship had agreement? 9 Q. And those gaskets would be cut out in the 9 A. Not that I know of. 10 gasket shop, correct? 10 Q. Mr. Chandler showed you some exhibits, and he 11 A. Yes. 11 showed you a Workers' Compensation claim from Garlock in 12 Q. And a person like John Phillips would have cut 12 1945. That was the first time you'd seen that document, 13 those gaskets out in the gasket shop just the way that 13 correct? 14 Mr. Chandler described him doing; correct? 14 A. Yes. 15 A. Yes. 15 Q. And you're unfamiliar with the circumstances of 16 Q. And you're not in the gasket shop more than a 16 that claim, aren't you? 17 couple hours of eye week, so you wouldn't know how many 17 A. Yes. 18 gaskets Mr. Phillips cut that were Johns-Manville or how 18 Q. And there's nothing that you've seen in that 19 many he cut that were Garlock, correct? 19 claim that indicates that that claim in any way resulted 20 A. No. 20 from somebody who was exclusively fabricating or cutting 21 Q. You'd have to rely on Mr. Phillips for that? 21 gaskets, correct? 22 A. No. I'd have to rely on what paperwork I saw 22 A. That -- okay. Which -- you say that claim. 23 because we'd be billing somebody for the gaskets we cut. 23 Q. An in Elder Exhibit No. 4, that Mr. Chandler 24 Q. And you can't recall the paperwork? What that 24 showed you -- you don't know what the circumstances of 25 break down was as of now, could you? 25 that person's exposure to asbestos was, do you? 31 (Pages 121 to 124) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 125 Page 127 1 A. No. 1 THE DEPONENT: Well, what material would it 2 Q. And you don't know whether that person was 2 say that they sold? 3 exposed to raw asbestos fibers or was an end user of a 3 MR. STRELITZ: Objection. Form. 4 gasket product, correct? 4 MS. BARRON: 5 A. Don't mow. 5 Q. Gaskets. 6 Q. Okay. And with the other exhibits that Mr. 6 MR. STRELITZ: Objection. Form. 7 Chandler showed you which were Elder of, 7, and 8, which 7 THE DEPONENT: Well, there's metal gaskets. 8 were the field visit exhibits -- that dealt with Garlock 8 There's other types of gaskets besides asbestos. 9 of Canada, correct? 9 Q. (BY MS. BARRON) What I'm getting at, though, is 10 A. Yes. 10 in terms of if there are other -- we have JM testimony 11 Q. You don't flow whether or not any of the 11 deposition, as well. 12 gaskets that were purchased from Garlock by Triplex came 12 A. Uh-huh. 13 from Garlock of Canada, do you? 13 Q. From long ago. 14 A. No. 14 A. Uh-huh. 15 Q. Do you know whether or not all of the gaskets 15 Q. If Johns-Manville says that they had other 16 came from Garlock in the in their United States 16 distributors in Houston, you wouldn't disagree with 17 distribution centers? 17 them? That's just something you're not aware of, 18 A. I don't know. 18 correct? 19 Q. Did your son ever complain about the working 19 MR. STRELITZ: Objection. Form. 20 conditions in the gasket shop to you? 20 THE DEPONENT: I'm not aware of. 21 A. No. 21 Q. (BY MS. BARRON) The name Triplex that was 22 Q. Did he complain when his clothes came back 22 protected is Triplex Rubber, Inc.? 23 dusty? 23 A. Triplex Rubber & Supply Company, Inc. 24 A. No. 24 Q. And that became Triplex; correct? 25 Q. All right. 25 A. Yes. Page 126 Page 128 1 You talked about cleaning up and that it 1 Q. Triplex rubber was a -- were you aware that 2 was in the gasket shop, that you believe that they did 2 there are other companies by the name of Triplex, like 3 clean up every of day; correct? 3 Triplex Construction Company? 4 A. Yes. 4 A. Yes. 5 Q. You read or have you -- have you read any of 5 Q. How about Triplex Plumbing? 6 Mr. Phillips' testimony in this case? 6 A. Yes. 7 A. No. 7 Q. Triplex Breathing Air Services? 8 Q. Mr. Phillips would incident best position to 8 A. No, I don't know that one. 9 say how often he was involved in cleaning up at the 9 Q. Triplex Marine? 10 gasket shop, isn't he? 10 A. Yes. 11 A. Yes. 11 Q. Triplex Industrial & Supply Company? 12 Q. All right, ma'am. I think that's all the 12 A. Don't know that one. 13 questions I have. I thank you for your time and 13 Q. What I'm -- 14 inviting us to your home today. 14 A. It's just that I don't know that. I just heard 15 MS. BARRON: I got three more. 15 of them. 16 16 Q. And what I'm getting at, what Mr. Chandler was 17 EXAMINATION 17 talking to you about: There were a lot of Triplex 18 BY MS. BARRON 18 companies, companies with the name Triplex that started 19 Q. The Garlock lawyer was just talking to you 19 their company name that was out there in Texas and in 20 about Johns-Manville and us being a distributor. 20 the United States, correct? 21 A. Uh-huh. 21 A. Uh-huh, yes. 22 Q. If the phone books from 64 to 68 show other 22 Q. And over the years you all would hear about 23 people selling JM in Houston, would you say that the 23 that because you occasionally get phone calls to the 24 phone book is wrong? 24 wrong company; right? 25 MR. STRELITZ: Objection. Form. 25 A. Right. 32 (Pages 125 to 128) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 129 Page 131 1 Q. And that was throughout the time period that Workers' Compensation claim, mostly because Garlock 2 you worked for Triplex? You'd occasionally get wrong never told you anything about it; right? 3 phone numbers right? MR. STRELITZ: Objection. Form. 4 A. Right. THE DEPONENT: No. We didn't know anything 5 Q. And as you'd mentioned earlier, the college about it. 6 kids, sometimes like Butch Phillips -- he might leave MR. CHANDLER: 7 when his shift was up, and the cleaning would occur Q. Okay. And whatever the circumstances are, none 8 after he was gone; right? of those circumstances were ever brought to the 9 A. Yes. attention of the Triplex company who was selling 10 Q. And if that happened, that's not something that 10 Garlock's asbestos containing gaskets, true? 11 Mr. Butch Phillips would have known happened, correct? 11 MR. STRELITZ: Objection. Form. 12 A. That's right. 12 THE DEPONENT: True. 13 Q. That's all the questions I have. 13 MR. CHANDLER: Thank you, Ms. Elder. 14 14 THE DEPONENT: They should have told us 15 EXAMINATION 15 because that is something that is concerning. 16 BY MR. CHANDLER 16 MR. CHANDLER: Yes, ma'am. Off the record. 17 Q. We're going to be out of your hair in just a 17 MR. STRELITZ: Objection non-responsive. 18 moment, ma'am, and only because I'm going to ask one of 18 THE VIDEOGRAPHER: Off the record 3:58. 19 the same questions bash bash did, but only because the 19 End of deposition. End of tape Tape 2. 20 Garlock lawyer objected to her, and sometimes when - 20 21 MS. BARRON: I didn't hear it. 21 22 MR. CHANDLER: He said object to form on 22 23 the JM question so I'm going to ask the same one because 23 24 of a leading issue that the judge will deal with so it 24 25 doesn't matter to you. 25 Page 130 Page 132 1 Here was the question: If there were other 1 CHANGES AND SIGNATURE 2 distributors of Johns-Manville John gaskets or other 2 WITNESS NAME: BERNICE ELDER 3 products in Houston, and that's backed up by phone book 3 DATE: 02/05/2009 4 records or anything, what you're telling the ladies and 4 PAGE LINE CHANGE REASON 5 gentlemen of the jury I didn't know about that if it 5 6 existed; right? 6 7 A. That's right. 7 8 Q. Okay. 8 9 A. Because we had what we called protected area. 9 10 And that's -- you know, we had these, like 10 11 Johns-Manville that we had a protected area. They 11 12 didn't sell to anybody else, so... 12 13 Q. And you don't know what Johns-Manville really 13 14 did on the inside of their company, though, did you? 14 15 A. No, I don't. 15 16 Q. Okay. Now, the reason -- now, your son 16 17 wouldn't have had a reason to know to complain about the 17 18 dust in the gasket shop because the hazards of gasket 18 19 dust or asbestos dust isn't anything he would have ever 19 20 been told, right? 20 21 MR. STRELITZ: Objection. Form. 21 22 THE DEPONENT: No. Totally unknown. 22 23 MR. CHANDLER: 23 24 Q. Okay. And you didn't know -- you don't know 24 2 5 anything about the circumstances of Garlock's 1947_______ 25 33 (Pages 129 to 132! Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 133 1 I, BERNICE ELDER, have read the foregoing deposition and hereby affix my signature that same is 2 true and correct, except as noted above. 3 4 5 6 BERNICE ELDER 7 8 9 THE STATE OF) 10 11 COUNTY OF) 12 13 14 Before meon this day personally appeared BERNICE ELDER, known to me (or 15 proved to me under oath or through ) (description of identity 16 card or other document)) to be the person whose name is subscribed to the foregoing instrument and acknowledged 17 to me that they executed the same for the purposes and consideration therein expressed. 18 Given under my hand and seal of office this day of 19 20 21 22 NOTARY PUBLIC IN AND FOR THE STATE OF_________________ COMMISSION EXPIRES: 24 25 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 134 Page 135 That the witness, BERNICE ELDER, was duly sworn by the officer and that the transcript of the oral deposition is a true record of the testimony given by the witness; That the deposition transcript was submitted on February 10, 2009 to the witness or to the attorney for the witness for examination, signature and return to me by March 10, 2009; That the amount of time used by each party at the deposition is as follows: MR. STRELITZ 1 HOUR:51 MINUTE(S) MS. BARRON MR. CHANDLER That pursuant to information given to the Deposition officer at the time said testimony was taken, the following includes counsel for all parties of record: MR. CHANDLER, Attorney for Plaintiffs Page 136 NO. 2008-41366 JOHN A. PHILLIPS and ) IN THE DISTRICT COURT OF 3 spouse, CYNTHIA PHILLIPS, ) 4 5 VS. ) HARRIS COUNTY, TEXAS 6 ANCHOR PACKING COMPANY, ) 11TH JUDICIAL DISTRICT ET AL, ) 7 8 Transferred From 9 NO. 2008-41366 10 JOHN A. PHILLIPS and ) IN THE DISTRICT COURT OF 11 spouse, CYNTHIA PHILLIPS, ) 12 13 VS. ) HARRIS COUNTY, TEXAS 14 ANCHOR PACKING COMPANY, ) 270th JUDICIAL DISTRICT ET AL, ) 15 16 17 18 REPORTER'S CERTIFICATION DEPOSITION OF BERNICE ELDER 19 FEBRUARY 6, 2009 20 21 22 23 I, Kateri A. Flot-Davis, Certified Shorthand 24 Reporter in and for the State of Texas, hereby certify 25 to the following: 1 GARLOCK 2 MS. BARRON, MR. DOMINO, Attorneys for Defendant TRIPLEX 3 4 I further certify that I am neither counsel for, 5 related to, nor employed by any of the parties or 6 attorneys in the action in which this proceeding was 7 taken, and further that I am not financially or 8 otherwise interested in the outcome of the action. 9 10 Further certification requirements pursuant to Rule 11 203 of TRCP will be certified to after they have 12 occurred. 13 14 15 Certified to by me this ____ of _ 16 17 18 Kateri A. Flot-Davis, 19 Texas CSR 8462 Expiration Date: Dec 31, 2009 20 Stratos Legal Services LP Firm Registration No. 484 21 1001 West Loop South, Ste. 809 Houston, Texas 77027 22 (713) 481-2180 (800) 971-1127 23 24 25 34 (Pages 133 to 136) Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 137 1 FURTHER CERTIFICATION UNDER RULE 203 TRCP 2 The original deposition was/was not returned to the 3 deposition officer on ; 4 If returned, the attached Changes and Signature 5 page contains any changes and the reasons therefor; 6 If returned, the original deposition was delivered 7 to , Custodial Attorney; 8 That $ is the deposition officer's 9 charges to the Defendant for preparing the original 10 deposition transcript and any copies of exhibits; 11 That the deposition was delivered in accordance 12 with Rule 203.3, and that a copy of this certificate was 13 served on all parties shown herein on and filed with the 14 Clerk. 15 Certified to by me this day of 16 , . 17 18 19 Kateri A. Flot-Davis, 2 0 Texas CSR 8462 Expiration Date:December 31, 2009 21 Stratos Legal Services LP Firm Registration No. 484 22 1001 West Loop South, Ste. 809 Houston, Texas 77027 23 (713) 481-2180 (800) 971-1127 24 25 Stratos Legal Services, LP 713-481-2180 35 (Page 137) Bernice Elders Rough Draft 2-6-2009 Page 138 A able 75:21 above-mentioned 107:10 Absolutely 58:22 59:10,10 94:24 113:7 accident 5:9 27:7 accommodate 8:19 account 23:10,17 accounting 12:5 13:19 accounts 12:6,6 13:23 23:2,7,16 41:19 accuse 116:15 acknowledged 133:16 acquire 70:13 acquired 70:17 act 118:19 acted 119:7 action 136:6,8 actual 18:8 120:16 admired 95:9 admit 110:15 ads 104:21 advanced 100:8 advertise 24:3 advertised 24:11,14 advertisements 24:6 24:17,24 affidavit 5:5 30:6,10 35:11 36:4 37:3 38:16 70:9 affirmative 114:9 116:13,23 affix 133:1 African 109:7,15 afternoon 49:9 77:5 age 69:23 agency 109:18 ago 19:6 28:5 29:2,13 127:13 agree 49:14 agreement 124:8 ahead 31:2 air 5:21 52:2,6,8,11 53:19 128:7 AL1:7,15 134:6,14 allegations 114:1 119:10,18,20 alleged 118:17,18 120:16 alleges 114:17 119:6 alleging 119:10 allowed 60:21 61:14 111:12,18,23 Alzheimer's 45:17 amount 22:1 58:14 135:11 ANCHOR 1:6,14 134:6,14 and/or 5:13 annex 123:18 answer 6:18 8:8,10,12 8:13,25,25 19:7,8 31:2 86:22 113:23,25 answers 118:17 anticipate 98:17 anybody 22:18,20 26:7 33:9 34:23 47:5,5 54:18 93:8 96:18 97:21 112:6 130:12 anymore 78:21 79:2 apologize 70:6 apparent 109:2 appear 27:15 Appearances 4:4 appeared 133:14 appears 75:20 application 103:18 appreciate 91:18 appreciated 118:1 approximately 66:11 April 6:13 112:12 area 49:17 88:20,21 95:10,22 112:19 130:9,11 arriving 15:15 asbestos 5:21 39:23 40:3 41:20,24 50:10 50:13,24 53:20 54:16 56:5,7,12,15 57:7 61:6,13,18 65:10,14 65:17,18,25 66:5 67:13,23 69:7,9 83:23,24 85:20,20 93:21 97:18 98:13 100:20,25 101:22 104:16,23 105:1,4,5 105:10,13 106:6,15 107:11,14,20,23 109:7,15 110:15,16 110:19,23 111:16,25 112:6,18 114:13 115:25 120:17 124:25 125:3 127:8 130:19 131:10 asbestosis 100:4,9 106:6,7 asbestos-containing 57:4 66:12,19 67:1 96:23 aside 110:6 asked 9:1 10:22,25 29:15 37:25 39:11 45:24 62:21 70:8 85:13 118:16 123:5 asking 33:10 69:20 118:11 associated 100:3 120:17 assume 12:8 13:7 23:1 Assumes 33:5 attach 112:12 attached 137:4 attempted 74:20 attended 106:12 attention 99:10,23 100:21 103:2 110:9 113:5,18 131:9 attorney 135:7,24 137:7 attorneys 30:13 44:3 65:5 136:2,6 Austin 3:13 61:4 author 31:4 automobile 26:21 45:14 available 52:25 53:15 Avenue 3:12 aware 50:10,23 51:2 73:14 89:21 127:17 127:20 128:1 awareness 120:17 awe 65:1 70:11 B B 12:24,25 13:6,15 14:18 back 11:12 15:9,24 17:4,11 22:7 24:7 38:18 45:23 46:10 68:18 78:2 90:13,25 91:12,13,19 103:21 105:20 107:3 113:2 125:22 backed 130:3 bagged 66:24 bank 16:13 34:13 Barbara 3:16 44:12 106:4 117:25 barely 19:6 Barron 3:16 4:9 7:18 8:24 22:2 29:16 31:1 32:20 33:1 43:13 44:6,11,12 56:10 57:11 59:11 60:7 61:10 67:17,22 73:6 74:5 80:3 88:10 116:3,9 117:17,20 118:11 119:23 121:15 126:15,18 127:4,9,21 129:21 135:15 136:2 base 22:5 based 6:19 18:2 101:22 108:3 118:22 119:14 124:8 bash 129:19,19 basically 78:7 basis 33:3,10 49:8 Baton 95:17 Beaumont 3:19 76:12 76:14 95:17 96:3,7 96:20 beauty 45:13 began 100:5 beginning 7:2 67:21 behavior 104:14 belief 39:14 believable 119:15 believe 18:3 28:13 33:20 41:1 59:7 60:3 62:5 73:2 96:3 102:14 103:11 104:13 119:2,9,12,15 119:19 123:16 126:2 believed 120:15 believes 119:6,19 benefit 51:18,24 78:24 Bernice 1:19,23 2:4 4:7 5:5 7:6 132:2 133:1,6,14 134:18 135:1 best 18:18 41:1 126:8 better 118:3 big 80:21 82:13,16 bigger 23:17 82:10 Bill 21:8 billing 12:5 13:11 24:21,22 122:23 billion 57:15 bills 12:6 24:21 34:14 93:6 101:3 Billy 28:3 31:18 32:6 Billy's 32:11 bins 82:9 Bishop 12:20,21 bit 7:11 78:8,9,11 121:9 blew 104:16 blocked 101:10 blue 83:23 109:7,7,15 110:14,16,18,23 111:16,25 112:6,18 Board 5:9 bobbins 112:18 book 88:23 126:24 130:3 books 126:22 bottom 82:10 110:12 bought 71:6 97:4,24 Boundas 3:5 box70:11 85:21 boy 77:8 braiding 110:20,21 Branch 6:2,7,12 break 8:17 17:8 44:4 122:25 Breathing 128:7 Brief 17:1 44:7 67:19 briefly 30:16 brothers 28:6 brought 100:20 103:2 131:8 bucks 93:9 building 92:14,15,18 92:20,23 94:5 buildings 94:2 bunch 81:10 business 10:4 95:10 98:5 105:23 butch 57:21 77:19,20 77:25 79:11 81:23 86:3 92:10 114:12,18 119:3,6,9,12 120:1,9 129:6,11 buy 20:23 21:2 85:20 97:5 C C 3:1 Calder 3:18 call 23:9 62:16,17 80:8 82:15 called 11:12,16 12:24 47:14 51:20 54:24 66:24 95:13,15 102:1 130:9 calls 128:23 calm 15:13 Canada 106:22 107:12 Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 139 110:2 112:13 125:9 125:13 cancer 105:13,17,25 106:5,7,14,15 card 133:16 care 45:18 114:12 115:6 case 7:15,21 10:15,23 30:1,13 35:11 49:12 59:25 81:11 82:25 100:8 107:23 113:23 114:3,17 115:23 117:18 126:6 cases 9:25 74:6 101:21 Casualty 5:16 99:2 catalog 33:15 82:24 83:4,9,22 catalogs 32:18,24 33:12,18 82:20,20,21 83:20 catastrophic 103:24 cause 1:25 105:25 caused 74:21 102:8 114:13 CCR 2:2 cement 107:24 108:13 108:17,22 centers 125:17 certainly 22:19 56:21 94:12 115:1 certificate 4:16 137:12 certification 134:18 136:10 137:1 certified 134:23 136:11,15 137:15 certify 134:24 136:4 chance 7:11 35:19 36:1 Chandler 3:5 4:10 33:7 77:4,7 84:4,12 88:7,11,15 89:7,13 90:6,9 93:2,19,24 94:9 98:25 102:7 104:20,25 106:3,19 106:25 109:12,23 110:5 111:4,22 112:4 112:10,17,25 113:9 113:14,21 114:7,16 114:22 115:4,10,16 115:22 116:6,11,19 117:4,11,16,24 118:11,16 119:1,21 120:2,6 121:14 122:14 123:16 124:10,23 125:7 128:16 129:16,22 130:23 131:6,13,16 135:17,24 change 67:17 109:2 132:4 changed 62:13 74:11 changes 4:15 132:1 137:4,5 channel 43:6 charge 15:11,14 16:3 64:21 65:24 charges 137:9 chat 62:20 cheap 93:4 check 72:10 checks 72:5 Chico 11:16 child 79:7 children 60:12 children's 79:7 chime 16:19,23,24 chimes 17:6 circumstances 120:9 124:15,24 130:25 131:7,8 cited 54:18 Civil 2:5 claim 5:9 38:4 40:13 40:16,20,23 72:23 73:1,7,8,9,15,21,25 100:18 124:11,16,19 124:19,22 131:1 claiming 65:13 claims 35:5,7 37:23 39:22 40:2 72:19 73:14 98:18 100:17 101:16 clean 27:17,20 48:14 48:16 81:19,20 82:8 82:10,13,16 126:3 cleaned 27:22 49:8 cleaner 48:16 cleaning 81:22 82:8,8 82:15,15 126:1,9 129:7 Clemons 5:17 clerical 12:2,3,15 13:3 13:6,18,22,25 21:16 Clerk 137:14 client 117:25 clinically 100:8 close 60:11 81:15 91:22,25 cloth 105:5 clothes 125:22 CLS 3:24 clue 123:18 collect 23:10 collecting 23:6 college 129:5 come 11:9 33:22 47:11 47:12 48:1 51:21 54:4,5,6,22 56:25 64:6 65:8 68:2 72:20 79:7 81:3 83:11 95:18 102:17 109:13 121:10 coming 51:6,13 66:23 77:10,16 80:21 85:25 Cominskey 36:6,8,11 36:12,13,16,23,24 71:9,10,11,12 72:6 Comment 110:12 comments 110:10 COMMISSION 133:23 Committee 5:21 common 67:4 82:11 commonly 43:3 commonsense 105:17 communicated 31:16 31:21 34:16,18 110:11 communication 101:9 comp 34:7 36:23 37:8 37:23 72:19,23 73:21 companies 19:18 43:5 52:6 78:19 95:13,25 103:10 114:2,4 124:7 128:2,18,18 company 1:6,14 5:18 10:3 36:5,14,24 38:13 47:10 58:23 59:2 62:9,13 78:9,11 78:16,17,17,21 79:3 80:3,7,15 93:13 95:15,16 96:6 99:2 99:16 100:6,10 101:19 105:8 107:10 107:23 110:14 113:24,25 118:3 121:16 127:23 128:3 128:11,19,24 130:14 131:9 134:6,14 company's 37:4 Compensation 30:7 34:3,6,19,24 35:5,7 36:5,8 37:4,12 38:8 38:13,17,20 39:5,15 39:20 40:2,13 70:14 70:19 71:2,16,23 72:7,12 73:14 74:6 74:12 76:20 98:18 100:17 101:3,16 105:14 124:11 131:1 competitors 87:7 95:2 complain 50:3 125:19 125:22 130:17 complaining 40:16 50:1 complete 7:20 completed 74:6 compliance 52:13 comply 54:9 concerned 59:7 60:3 69:17 concerning 131:15 conclude 84:5 concludes 99:25 conclusion 99:11,23 concur 100:2 condition 27:16 50:16 conditions 27:18 30:22 49:14 78:10 85:6 109:2 125:20 conduct 14:24 conducting 26:8 confirm 16:6 confirmations 16:4 Congress 3:12 conscientious 63:25 79:12 conscious 119:7 Consent 5:13 consider 21:25 64:1 consideration 133:17 considered 39:18 109:8 110:24 111:10 111:16 consistent 12:15 78:1 86:25 104:14 108:16 consistently 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39:19 co-workers 27:25 CPA 16:11 17:9 Crane 2:4 44:19 Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 140 created 97:19 creel 99:18 Crocidilite 109:7 crocidolite 110:15 CSR 2:2 136:19 137:20 currently 28:22 62:1 Custodial 137:7 customer 43:2 47:6,8 89:4 97:4 customers 20:22 43:3 67:8,10 69:14,18 88:4,20 89:17 90:1,7 96:25 97:24 98:2 cut 13:12 80:19,25 81:3 85:24 86:12 90:4 92:4 97:7,12 107:15,19,24 108:13 121:23 122:9,12,18 122:19,23 123:1 cutting 26:20,25 27:1 27:2,4,10,14 81:13 81:15,21 83:19 91:23 96:25 97:1,15,19,25 124:20 Cynthia 1:3,11 77:8 134:3,11 D D 3:5 40:10 dad 63:17 77:16 daily 26:8 49:8 danger 98:1 dangerous 57:7 60:21 69:9 93:21 110:24 111:11,17 112:1 113:4,16 115:25 dangers 120:17 dark 83:23 date 99:5,6 132:3 136:19 dated 5:17,22 6:3,8,13 106:22 110:2 dates 18:9 57:24,25 Date:December 137:20 day 34:4 36:25 81:20 81:20,21,24 82:1,10 82:11 97:16 110:19 121:10 126:3 133:14 133:18 137:15 days 10:10 deal 21:4,7 129:24 dealing 36:17 42:14 54:8,15 55:2,3 dealt 22:21 65:17 125:8 death 101:21 Dec 136:19 decade 83:1 106:8 deceased 63:17 December 35:15 100:10,12 109:4 decide 65:25 decided 67:5 decision 66:4,7,9 dedicated 85:3 Defendant 1:24 3:10 3:15 6:18 136:2 137:9 defendants 9:8,11 defense 41:12 defenses 114:9 116:14 116:23 definitely 101:8 delivered 108:7 137:6 137:11 Denise 77:8 department 6:2,7 40:21 53:24 123:5,9 deplorable 49:13 94:16 DEPONENT 16:22 22:4 31:3 32:21 33:2 56:9 59:10 60:6 61:9 67:16 74:2 84:3 88:6 89:6 90:4 93:1,18,23 94:18 101:25 104:19 106:18 109:11,22 111:3,21 112:3,24 113:7,13,20 114:15 114:25 115:9,21 116:5,18 117:10,15 117:23 119:2,11,24 120:4,8 121:22 123:25 124:4 127:1,7 127:20 130:22 131:4 131:12,14 deposit 34:12 deposition 1:19,23 7:15 9:4,20 10:2,12 16:21 30:1,4 36:2 45:1 70:2 73:5 74:1 98:24 104:24 106:24 110:4 112:16 114:6 123:12,14 127:11 131:19 133:1 134:18 135:3,6,12,20 137:2 137:3,6,8,10,11 depositions 9:24 10:1 10:20 describe 112:6 described 13:3 77:24 77:25 80:20 81:14 82:13 118:13,23 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doing 27:9 42:9 50:5 63:22 64:23 91:9,17 96:24,25 97:15 115:18 116:2 119:9 122:14 DOMINO 3:17 16:23 22:3 33:5 121:21 123:24 124:3 136:2 Doug 3:23 downtown 45:10 Doyle 40:9,10 65:20 66:1,16 Dr 99:25 106:5,14 drive 2:4 45:13,14 driving 45:7,12 drop 47:14,18 dropped 118:2 123:3 Drs 100:1 due 65:13 101:22 duly 1:24 7:7 135:1 dust 50:1 54:19 81:3 81:10 92:23 93:14 97:18 130:18,19,19 dusts 54:16 dusty 27:14 81:15 125:23 duties 11:24 12:15 13:3,7,15,16,16,19 13:22,25 23:20 33:25 34:1,23 42:6 duty 23:7 E E 3:1,1 5:9 40:10 earlier 7:11 13:3 43:10 46:14 67:12,14 72:22 73:7,8 93:15,21 110:13 123:5 129:5 early 92:13 earn 79:8 echelon 102:3 effect 53:20 68:2 effort 79:16 either 14:17 15:19 28:8 Elder 1:19,23 2:4 4:7 5:5 7:6,10 17:4 30:20 35:10 44:1,12 73:4,24 76:14 77:5 84:5 90:24 91:18 94:14 96:22 98:16,22 98:25 99:22 104:21 105:16 106:21 108:25 109:13,25 110:7,25 112:15 114:11 118:1,9 124:23 125:7 131:13 132:2 133:1,6,14 134:18 135:1 electric 80:25 Elizabeth 5:12 74:3 Elmyra 105:9 else's 23:7 embarrass 79:14,22 employ 52:24 99:16 employed 136:5 employee 9:18 39:18 59:18 62:7 63:24,25 76:14 78:20 79:1 84:24 85:1 100:19 employees 26:10,11 28:21 31:16 36:6 37:24 38:2,13 46:11 48:8 49:2 52:18 53:7 62:8,14 69:13,15,17 75:25 78:16 79:7 84:15 97:16,20 100:24 102:5 112:20 employer 115:24 117:5,13 employers 51:23 enemies 94:21,22 engineering 92:22 93:14 enjoy 58:21 63:20 64:16 Enron 43:5 ensuring 37:3 entered 99:15 entire 48:20 54:14 environment 118:13 Environmental 6:2,7 eof 76:16 equipment 74:15 115:12 Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 141 ESOP 62:2,4,6 estimate 46:11 ET 1:7,15 134:6,14 eventually 17:16 evidence 33:6 114:8,11 115:5,11,17 116:24 117:5 exactly 22:13 79:24 98:8,11 104:19 exaggerating 112:14 examination 4:8,9,10 7:8 44:10 77:3 118:7 126:17 129:15 135:8 example 43:9 exclude 39:22 exclusion 67:6 exclusions 37:20 exclusively 124:20 executed 133:17 exercise 115:6 exhaust 110:22 exhibit 36:2 73:4,5 74:1,5 98:16,17,22 98:23,24 99:1,22 104:22,24 106:21,24 108:25 110:1,4,7 112:12,16 113:23,24 114:6 116:8,10 124:23 exhibits 5:1 124:10 125:6,8 137:10 existed 130:6 expected 68:7 expecting 45:4 experience 18:2 Expiration 136:19 137:20 expire 37:18 EXPIRES 133:23 explain 44:16 47:2 exposed 97:20 125:3 exposing 112:19 exposure 39:23 110:24 111:10,17,25 113:3 113:16 124:25 exposures 40:3 109:6 expressed 133:17 extent 27:6,8 extra 79:15,16 extremely 109:8,15 Exxon 43:5 eye 122:17 F F 61:4 fabricating 124:20 face 47:21 facility 92:11 107:24 121:19 fact 72:1 facts 33:5 fail 48:6 failed 103:23 115:6,12 fair 9:3 86:6 90:2,21 91:24 92:1,8 98:2 107:13 108:23,23 fairly 49:22 false 94:15 108:1,3 familial 118:14,22 familiar 60:10 62:20 75:3 family 57:19 59:20 60:4,7,10,12 64:4,6 75:20 fatal 100:11 father 58:9 79:15 111:15 fault 114:19 February 1:20 2:1 7:2 134:19 135:7 feel 8:4 89:22 90:24 103:18 feeling 110:14 feet 91:25 92:5 felt 98:3 103:21 104:2 fibers 41:20,25 125:3 fibrosis 100:3 field 6:2,7,12 97:13 106:21 110:8 112:13 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123:4 124:11 125:8 125:12,13,16 126:19 129:20 131:1 136:1 Garlock's 130:25 131:10 gasket 20:12,13 25:25 26:4,7,9,14,18 27:5 27:16,17,22 28:1 47:24 48:1,4,13,14 48:19,24 49:7,13 50:19 53:1,8,15 60:19,21,22,24 61:7 61:13 80:19 81:4 82:7 83:10 84:7 90:14,25 91:6,13 92:15 111:7,12,19,24 115:18 117:8 120:22 121:8,23 122:10,13 122:16 125:4,20 126:2,10 130:18,18 gaskets 18:25 19:9,10 20:21 26:20,22,25 27:1,5,11,14 42:23 46:18,21,24 47:25 48:1 58:9 80:13,19 80:25 81:13,21 83:18 83:24,25 85:23,24 86:2,7,10 90:4 92:4 95:2 96:23 97:1,2,5 97:12,19,25 98:13 102:6,22 103:1,2 104:16 105:4 107:15 107:20 108:19 121:18,23 122:9,13 122:18,23 123:1,22 124:7,7,21 125:12,15 127:5,7,8 130:2 131:10 gate 101:11,14 general 91:8 generally 43:23 48:14 91:12 gentleman 15:11 21:8 gentlemen 31:21 47:2 99:12,21 130:5 getting 127:9 128:16 girl 12:1 girls 29:5 42:9 62:16 63:7,12 give 7:24 8:1,11 10:20 23:25 44:23 46:10 90:15 given 9:20,24,25 54:10 56:20 83:17 98:25 133:18 135:3,19 giving 8:10 30:6 33:9 glass 8:18 go 7:19 11:12 22:7 25:25 31:2 51:3 56:20 65:6 83:18 Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 142 90:14 91:5 106:13 120:9 goes 77:8 91:18 going 8:7 16:19 22:14 35:10,20 44:1 45:10 48:13 67:9 73:23 98:2,16 101:10 102:15 103:10,12 123:22 129:17,18,23 good 44:6 50:7 69:24 77:5 84:24 Goodyear 19:15 gotten 67:11 113:5 government 16:12 17:8,9 109:18 grabbed 113:17 gray 83:23 great 8:5 29:22 69:23 greatest 59:5 grief 33:10 gross 119:7 guess 41:2 58:12 93:3 98:19 101:4 guest 105:7 guideline 123:6,10 guilty 22:18 Gulf 3:6 guy 91:23 92:3 93:13 109:19 guys 91:8 96:8,11 97:9 H hair 129:17 hand 35:10 73:23 98:16 133:18 handed 48:5 handle 40:12 handled 18:20,22,25 18:25 20:21,22 40:13 40:19,22 100:17 101:2 102:2 handling 37:23 72:18 hands 81:12,14 91:23 92:3,5 handwriting 73:12 happen 102:4 happened 38:23 74:3 84:16 103:13,14 129:10,11 happy 8:19 hard 72:24 79:8,12 hard-working 85:3 harm 98:5,7 Harris 1:5,13 40:7,8,9 40:15,24 41:4,7,13 41:15 50:15 65:20 66:1,16 134:4,12 Harrison 50:17 Hart 3:5 hazard 68:6 hazardous 50:10,14 56:7,13,16,22 61:14 61:18 67:23 hazards 69:6 83:18 117:7 130:18 head 7:25 health 6:2,2,7,7,12,12 45:15 50:11,14 53:24 56:22 61:14 123:6,9 hear 50:13 51:4 123:13 128:22 129:21 heard 47:14,16 74:14 123:9,13 128:14 heart 50:15 heavy 108:18 held 84:14 help 7:20 45:18 51:25 63:7 75:25 helped 51:19 helping 63:12 Heuper 106:5,14 high 77:11 82:2 highlighted 99:24 107:8 highly 112:7,20 113:1 113:10,15 hire 12:19,25 hired 12:17 79:20 historical 62:18,19 history 78:9 86:25 108:10 hold 12:11 36:16 home 2:4 44:21 121:10 126:14 honest 85:1 117:20 hope 69:23 95:5 hose 19:1,1 57:15 103:17 104:5,11 hoses 19:13,16 42:23 103:22,23 Hospital 5:12 Houghton 105:8 hour 90:23 91:3,5 hours 90:21,22,24 91:1 91:3,4,4 122:17 HOUR:51 135:14 house 44:20,20 45:6,19 housekeeping 49:14 Houston 2:5 3:7 45:11 49:18 50:19 51:9 56:1 87:1,4,10,11,16 87:20 88:3 89:2,3,9,9 89:17,21 95:21 126:23 127:16 130:3 136:21 137:22 Huh 33:25 huh-uh 7:24 79:5 86:5 87:13 hum 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91:17 join 33:7 Joyce 40:21 judge 129:24 JUDICIAL 1:6,14 134:6,14 July 99:17 June 109:1 jury 44:17 47:3 99:12 99:21 130:5 K Kateri 2:2 134:23 136:18 137:19 keep 16:9 51:19,25 69:15 84:19 keeper 101:11,14 keeping 16:3 17:10 34:24 Kelly 28:3 kept 16:6,15 24:21 32:6,9,13,19 33:19 34:20 37:16 39:7 50:16 71:19 82:21 Kherkher 3:5 kids 75:25 79:19,20 82:3 111:23 129:6 kind 9:25 19:1 32:4 43:1 59:4 70:10 78:2 78:11 80:10 82:7,14 82:16 86:24 87:7 93:12 100:23 103:15 Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 143 108:18 109:19 113:4 117:12 knees 81:12,14 91:23 92:3,6 knew 48:8 56:15 61:18 61:23 72:2 76:4 94:18 105:20 114:18 115:12,24 117:6,6 know 8:4,7,19 9:10 11:16 14:16 15:4,6 16:18 17:11,19 18:6 19:4,7,22 20:24 21:2 21:11 22:13,13 23:18 23:24 25:1,2 26:10 26:25 28:6 29:20 33:17 36:13,15,19 37:15 38:1,23 39:8 40:6,8,17,24 41:4,9 41:17,22,23,23,24 43:14 45:6,15 46:11 46:17,20 47:25 49:7 51:20 55:5,8,15 57:16,19 58:20 60:9 62:15,16 64:9,14,18 65:22 66:19 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126:12 129:18 131:16 McCambridge 3:11 mean 13:12 14:15 62:8 82:16 85:19 88:12 101:7 102:22 121:20 121:22 meaning 91:25 means 47:3 meant 98:9 115:19 meet 7:11 118:5 meeting 5:22 105:9 106:4,12 Meetings 84:13 Mehaffy 3:17 members 59:20 75:20 memory 73:24 men 80:8 90:15 mentioned 17:8 19:9 36:4 37:2 42:24 43:10 44:22 46:14,15 46:23 48:3,7,23 55:18 57:23 58:3 62:15 64:12 65:20 72:22 73:13 110:13 120:20 129:5 mentioning 73:6 75:8 mesothelioma 66:1 metal 19:1,16 57:15 127:7 Mexico 11:12 mid 46:12 93:15 Miksch 28:3,4 31:18 53:4,5 64:12 mile 79:15 mind 16:20 21:25 29:19 31:14 44:4 69:20 Mine 35:3 minimize 98:6 Ministry 6:12 minute 53:23 minutes 5:21 70:7 104:23 MINUTE(S) 135:14 Misksch 28:25 misleading 94:15 misunderstood 94:10 94:12 model 22:8 moment 129:18 money 34:13 79:8 91:9 93:3 102:8,11 103:12 104:10 monitoring 52:2,6,9 52:12 53:19 month 21:19 82:14 months 29:13 Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 144 morning 49:10 mornings 81:19 Moskowitz 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107:4 overlap 120:21,24 oversight 42:11 Overstreet 3:23 owned 62:12,13,14 78:16 93:13 96:1 owner 58:23 59:2 101:5 owners 59:3 ownership 62:7 79:4 owns 49:25 78:20 P P 3:1,1 packaged 20:23 85:16 85:19,21 packing 1:6,14 5:18 20:21 100:6 105:8,10 107:16,20 134:6,14 Paderas 5:13 73:16,17 75:2,8 76:7,9,13 page 4:1 5:2 35:16 99:24,24 110:10,12 132:4 137:5 pages 24:7,12,15,18 paid 24:20 49:2 72:6 74:24 93:6 paperwork 22:7 37:23 40:22 72:19 122:22 122:24 paragraph 37:2,22 99:11 107:6 108:25 part 6:8 62:12 78:16 78:21 96:4 particular 52:24 70:6 particularly 45:10 47:5 parties 33:24 135:21 136:5 137:13 parts 121:13 party 10:15 135:11 Part-I 6:3 pass 84:8 118:5 passed 41:15 67:24 71:18 84:19,22 patient 37:24 pay 108:17 payable 12:6 paycheck 48:23 91:14 paychecks 48:5 90:15 108:7 paying 12:6 101:3 Payment 14:1 Payroll 12:8 14:1 people 42:9 55:11,19 65:17 66:23 74:12 76:4,5 80:16 95:6 97:15 98:6 101:10 102:2 126:23 perfectly 19:8 49:16 performed 117:7 performing 26:14 period 15:1 17:17 18:3 18:10 19:5 20:2 38:24 39:1,13 43:19 48:24 53:25 54:14 58:23 65:1 68:3 100:12 124:1 129:1 periods 18:5 24:18 25:14 person 12:17 28:25 36:10 59:4,7 64:1,4 95:9 100:17 101:2 122:12 125:2 133:16 personal 30:20 71:22 91:22 101:23,25 personally 17:23 37:22 40:12 133:14 person's 124:25 Peter 3:11 7:10 70:6,8 72:22 73:7,13 118:9 petition 119:5 120:14 Phillips 1:3,3,11,11 9:7 Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 145 15:5,6,10,15,20 24:10 25:2,3,6,13,21 25:25 26:8 28:1 30:1 39:14,18 49:18 54:11 54:12 57:10,12,16,17 57:21,22,23,24,24 58:1,3,8,8,12,15,17 58:18,19,21 59:1,4 59:12,17,18,21,21,24 59:25 60:3 61:22 62:1 63:17,17,20,24 66:9,25 67:11 68:9 75:15,24 77:8,24,24 77:25,25 78:4,10 79:10,10,16 80:20 81:2,23 82:13 86:3,3 90:14 91:14 92:10 93:12 94:4,14,19,22 94:25 95:20 97:23 100:21,23 101:14,23 102:13,24 103:2,8,9 103:20 104:1,14 106:11,16 108:11,12 109:17 111:15,18,19 114:12,18,18 115:6 115:11,17 116:1,16 116:24 118:12,12,19 118:23,24 119:3,9,14 120:1,15,21 122:12 122:18,21 126:6,8 129:6,11 134:2,3,10 134:11 phone 88:23 126:22,24 128:23 129:3 130:3 phrase 113:3,4 pick 66:25 piece 74:15 pipe 107:24 108:4,7,13 108:15,18,22 place 10:13 16:5 31:4 47:4 52:2 53:19 70:20 72:1 75:25 76:2 92:23 95:22 placed 47:6 89:15 109:5 places 121:12 placing 24:6 plaintiff 59:25 Plaintiffs 3:4 135:24 plaintiff's 116:14 plan 62:7 plant 77:10 101:22 109:18 plants 42:3 88:3 please 7:4 8:1 35:21 Plumbing 128:5 plus 54:7 pneumothorax 100:3 point 29:19 50:23 62:2 71:11 pointing 117:13 policies 30:21,24 32:1 32:9 37:17,19 38:17 39:5 policy 16:9 33:18 34:19 38:8 39:22 76:23 Popoff 100:1 pops 29:19 position 114:3,4 126:8 positive 20:3 possibility 67:8 98:1 105:25 potential 111:11 potentially 110:24 111:17 112:1 113:4 113:16 power 101:7 practice 79:6 pre 9:3 premiums 72:6 preparing 137:9 present 3:22 43:24 105:9 preserve 8:23 70:3,4 press 86:16 pretty 47:19 85:10 95:21 previous 110:17 pre-cut 85:23 86:2,7 86:10 97:4,12 primarily 16:12 20:21 print 83:3 prior 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18:17 19:25 purchasing 13:25 14:9 14:20,20 15:11,15,20 15:24 16:2,15 17:12 17:16,24 18:4,18 19:23 20:8 36:7,23 41:18 124:7 purposes 133:17 pursuant 2:5 135:19 136:10 put 31:4 92:18 93:20 94:1,4 103:10 110:6 p.m 2:1,1 7:2 Q question 8:8,12,13 22:14 33:8 42:25 58:16 70:18 86:22 94:11 99:13 100:16 109:6 114:10 118:20 119:22 120:3,7 129:23 130:1 questions 7:23 8:7,25 19:8 30:17 35:20 44:2,3,13 45:24 70:4 70:9,10 76:24 118:10 118:12 126:13 129:13,19 quick 67:17 116:16 quit 25:7 66:4,7,15,18 67:1,10,13 96:22 98:14 quite 45:2 95:5,7 quote 85:14 98:1 99:25 111:10,11 112:7 quoting 49:13 R R 3:1 radio 50:8 radio's 50:6 ran 98:4 116:15 raw 41:20 125:3 react 118:24 read 35:18 45:3 72:24 99:13,19 100:14 107:7 109:9 110:25 112:22 126:5,5 133:1 reading 38:16,18 real 67:17 116:16 realized 45:4 really 16:19 80:1 91:21 130:13 reason 79:2 81:19 84:7 85:5 89:8 94:6 97:5 103:20 130:16,17 132:4 reasoning 120:19 reasons 137:5 recall 11:15,19 12:23 15:1,14,23 16:14,17 17:23 18:21 19:3,4 19:13,23,24 20:2,4,7 20:10,12,16,19 21:20 22:8,20,23 23:9,15 24:11,14,17 25:21 27:21,25 29:6 30:6,9 31:7 32:2,5,6,18 33:11,14 35:7,23 36:10,22 37:8,19,23 38:11,12 39:1,25 40:15 43:3,17,22,23 49:25 51:6,13 52:2,5 53:9 55:1 66:12 74:13 75:5,5 122:24 124:5 recalled 38:7 recalling 18:17 receivable 12:7 13:23 23:2,7,10,16 41:19 receive 52:8 54:1,15 65:9,12 68:1 received 40:2,4 57:7 67:22 69:5 73:11 receiving 38:13 recess 17:1 44:7 67:19 recognize 35:13 recognized 105:16 recollect 18:19 40:9 recollection 17:15 18:7 23:20 25:15,19 43:18 66:15 record 2:6 7:1,20,21 8:1,23 16:25 17:2,5 22:15 43:2 44:8 67:18,20 76:25 77:1 112:11 114:10 131:16,18 135:3,22 records 14:1,4,9,21 15:24 16:2,15 17:9 17:12,16,20,24 18:4 18:8,18 19:23,24 20:8,17,20 23:2,4 24:22 37:16 41:18,19 42:1,2,7,14,16 43:1 43:19,24 62:21 130:4 red 18:12 113:7,11 referencing 73:8 referring 31:12 34:11 38:17 refineries 42:17 43:21 88:4 103:22 reflected 17:24 43:20 reflecting 19:24 refreshes 73:24 refuse 104:6 refused 103:18 104:6 104:10 Stratos Legal Services, LP 713-481-2180 Bernice Elders Rough Draft 2-6-2009 Page 146 regard 14:11,19 17:10 24:23 29:25 30:7,23 31:20 34:1,2,5 42:7 50:24 52:11 regarding 13:25 16:7 27:9 32:15 38:4 62:21 regards 9:22 13:22 33:18 Registration 136:20 137:21 regular 79:6 regulation 17:10 53:24 54:2,4,8,15 55:13,20 regulations 27:21 50:24 reissued 109:4 relate 18:18 20:8 related 10:4 13:19 22:23 23:3,21,22 27:21 32:24 40:2 57:16 66:5 136:5 relates 34:23 relationship 20:25 51:16 57:19 78:2 118:22 123:18 relationships 118:14 Relative 105:14 relayed 66:7 rely 122:21,22 remain 12:15 remember 18:23,24 19:6,10,18 24:20 29:15,18 31:19 33:16 41:6 43:6 73:17,18 73:18,18,20 74:4 75:7 77:10 79:11,11 80:22 84:13,15,17 85:8,17,23 86:8,9 118:20 reminding 69:16 remove 66:23 92:23 renewal 37:1 rephrase 61:10 report 6:3,8,13 106:22 110:1,8,14 112:13 reported 2:3 reporter 7:4 8:13 134:24 Reporter's 4:16 134:18 represent 9:10 19:22 25:12 44:13 77:7 represents 80:3 117:18 Request 5:12 required 53:12 requirements 16:13 136:10 residential 49:22 respiratory 52:18 53:7 responds 34:2 Responses 30:19 responsibilities 12:9 12:18 14:8,11,23 24:2 25:24 26:8,15 32:24 33:25 34:5 37:3 42:6 70:13 responsibility 14:18 14:19 15:2 33:21,23 34:22 42:8 65:4 71:14,18 72:16 responsible 17:20 23:6 24:6 31:23 32:15 35:4 36:7 52:25 65:4 72:18 76:16 resulted 124:19 results 52:8,12 retention 16:9 33:18 retire 28:11 78:18 retired 28:10 41:2 46:8 58:20 62:1 63:13 64:19 71:24 76:20 retirement 28:19 46:5 78:23 retract 40:19 return 135:8 returned 100:9 137:2 137:4,6 review 35:12,19 36:1 44:1 reviewed 15:24 reviewing 35:4 38:7 ridiculous 49:16 right 11:22,23 13:17 25:11 28:20 37:6 38:1 45:13,25 46:1 63:10 71:1 74:9,16 75:23 76:4,5 78:5 80:17,18 81:21 82:22 82:23 83:1 84:3,5,11 86:18 87:2,3,14,15 87:17,25 89:1,10,19 89:20,22 90:16,23 91:6,10,19 92:7,11 92:16 94:2,3,6,16 95:22 96:8,9,21,25 97:7,9 103:3,18,24 104:13 105:18 106:11 108:21 109:24 116:12 117:2 117:18 119:4,10 125:25 126:12 128:24,25 129:3,4,8 129:12 130:6,7,20 131:2 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second 24:1 35:12 78:4 79:17 99:24 110:10 118:24 secretary 28:15 46:6 see 14:13,14,17 26:14 26:18 33:23 52:17 57:2 59:12,17 64:23 68:16 72:25 73:24 74:2 77:16 79:25 82:24 83:22 86:24 91:22 99:22 105:7,11 108:13 109:13 112:12 115:5,11,17 seeing 19:24 24:17 25:21 33:11,14 seen 25:5 28:4,8 30:12 108:22 112:5 123:7 124:12,18 Segal 3:11 sell 67:5 78:18 98:2,13 102:15 103:13,19 104:6,6,10 130:12 selling 43:20 66:5,7,12 66:16,18 67:1,13 88:3,8 96:22 97:2 98:14 102:18 104:2 104:17 105:23 123:22 124:6 126:23 131:9 send 31:14 83:6,7 121:13 senior 80:8 sense 79:18 81:6 86:24 87:19 108:16 sent 31:13 86:2,6,10 September 6:8 110:2,8 serious 105:18 109:8 109:15 seriously 100:24 104:1 served 28:14 137:13 service 74:19 Services 128:7 136:20 137:21 shake 7:25 share 13:14 sharp 32:21 sheet 97:19 123:2 sheets 20:23 26:25 27:1 31:13 39:4,8 47:25 80:19 Shell 103:19 shift 81:24 129:7 ship 20:22 47:1,3,8,18 47:18 85:21 89:3,9 123:3 shipments 121:16 shipped 46:24 47:10 47:14 85:15 89:16 shipping 47:7 shop 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34:22 somebody 23:7 26:18 40:13 55:2,3 59:12 62:20 77:13,18 94:18 112:11 122:23 124:20 Somewhere's 13:1 son 45:21 57:21 59:25 60:13,14,18,22,24 61:2,6,17,21 75:11 75:13,18 76:3 79:20 111:4,12 120:20,22 120:25 121:4,7 125:19 130:16 sons 61:14 sorry 13:12 14:1 23:24 71:3 77:15 90:12 102:22 116:12 118:2 sort 12:3 16:2 20:14 31:23 41:9 42:3 sorted 17:5 sorts 18:17 31:11 37:20 sounded 81:10 South 109:6 136:21 137:22 speak 29:12 speaking 91:8,12 spec 31:13 specific 16:12 18:7 43:18 92:22 specifically 22:21 27:3 30:25 35:8 77:11 specifications 68:17,20 specifics 15:23 20:7 22:23 29:24 31:19 spend 93:9 spent 81:21 90:25 spoke 29:1,1,5 spoken 29:4 117:17 spouse 1:3,11 134:3,11 spreadsheets 39:6 spring 82:7,15,15 St 5:12 74:3 stain 103:17,23 104:5 stance 119:3 stand 104:3 start 11:3,9 34:1 49:1 started 11:6 39:25 45:25 49:9 50:9 62:25 63:4,9 70:22 70:24 71:14,24 128:18 state 2:3 54:19,21 55:16,20,23 109:17 133:9,23 134:24 stated 2:6 120:15 123:17 statement 40:19 89:14 89:24 91:21 107:25 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