Document KJ7kbG4kwxQeNJzYDNX14ZRXw

FILE NAME: Reichhold (REI) DATE: 2012 REI012 DOC#: RE 1012 DO CUM ENT DESCRIPTION: Legal-Excerpts from Testimony of TR Madden-pg 320-323 ' Page '320 1 A. Yes, that is what it states here, and that 2 is my general understanding, based on this article. 3 Q. And in fact, you testified about that in 4 the past, and this isn't the first time you have seen 5 that exhibit, correct? 6 A. No. Not at all and the only question I ask 7 to see it is to make sure the '72 date that I wasn't 8 going to say oh, no it's an a different date than 9 that. That is the only reason I want to see these. 10 Q. And the date was 1972,correct? 11 A. Yes, it was. 12 Q. All right. Now, you were asked this 13 afternoon by your Counsel, questions about your 14 drafting Material Safety Data sheets in the early '70s 15 and ensuring the warnings were posted in the Carteret 16 plant and that kind of thing, correct? 17 A. Yes. 18 Q. Are you able toproduce any substantiation 19 in support for your testimony today from either 20 pictures that were taken at the time, documents that 21 were created at the time, anything other than what you 22 say here when Reichhold is being sued in personal 23 injury cases? 24 MS. SPARDONE: Object to form. VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510 Page 32T 1 Argumentative. 2 Q. (By Mr. Thompson) You can answer. 3 A. You know, the universe of documents that 4 have been produced, not only here and through the 5 depositions and all of that, I think they support 6 that. You know, there is -- you know, I know we did 7 it. I knew we put them on there. People have looked 8 and testified, and don't ask me what cases, and I 9 think even some of these peoples commented that they 10 saw writing on the Reichhold bags or containers or 11 whatever. And that is -- that would be not only just 12 retort and globe, but it would have to be the labels 13 that we affixed to them. 14 The labels refer to Material Safety Data 15 Sheet. The data sheets were widely distributed, and 16 later on in the '70s were attached to any product 17 bulletin that was given out by any of the sales calls. 18 Q. But in all of the litigation that Reichhold 19 has been involved with, and you say you testified 20 seven times; is that right? 21 A. To the best of my recollection. 22 Q. I don't have seven transcripts, but that is 23 another issue. 24 A. I might be off one. VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510 Page"322 1 Q. Okay. Regardless of that. I will strike 2 that and I will ask you this question. You are not 3 able to produce any copy of any Material Safety Data 4 Sheet other than now the two from January of 1980 that 5 we've talked about today, correct? 6 A. That is correct. 7 Q. All right. And in all of this litigation, 8 are you aware that anybody anyplace has come up with 9 copies of any such documents? 10 MS. SPARDONE: Object to form. 11 Argumentative. Asked and answered. 12 THE WITNESS: NO. 13 MS. SPARDONE: Speculation. 14 THE WITNESS: I mean, you know, I 15 have not seen any document produced in 16 anything that has been shown to me that, 17 you know, was in MSDS or an earlier 18 version. 19 Q. (By Mr. Thompson) So basically, it all 20 hinges on what you are saying today? 21 MS. SPARDONE: Object to form. 22 Argumentative. 23 Q. (By Mr. Thompson) Correct in the way you 24 testified in a similar manner in the past? VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510 Page 323 1 A. I don11 know. 2 MS. SPARDONE: Object to form 3 argumentative. 4 THE WITNESS: I mean, you know, I 5 tried to answer all of the questions the 6 best I could no matter how many times that 7 we are asked, and I don't want to get into, 8 you know, semantics about that, but I have 9 done my best job whatever I have said is to 10 the best of I my knowledge, and it's the 11 best I can do. 12 Q. (By Mr. Thompson) You would consider 13 yourself a loyal company man as far as Reichhold 14 Chemicals is concerned, correct? 15 MS. SPARDONE: Object to form. 16 THE WITNESS: I don't mean by loyal. 17 Q. (By Mr. Thompson) Well, loyal company man. 18 You are a loyal company man? 19 MS. SPARDONE: Object to form. 20 Argumentative. 21 THE WITNESS: Yeah, I enjoy working 22 for Reichhold, and but I'm not going to lie 23 for them. 24 Q. (By Mr. Thompson) Well, when Reichhold VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510