Document Ne7Krjvw3x3qG9kdpbkXpQb3E

FILE NAME: Welding (WELD) DATE: 1996 Jan 3 DOC#: WELD026 DOCUMENT DESCRIPTION: Legal - Deposition of John Dement PAGESAVER Deposition of John Dement 1/03/96 1 N THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY person before whom the same shall be taken are deemed to have been met. IN RE: ASBESTOS LITIGATION ) 4. Objections to questions and motions to MOORE TRIAL GROUP ) ) C.A. No. 92C-11-009 j strike answers need not be made during the taking of this deposition but may be made for the first time during the progress of the trial of this case, or at any Limited to: S. Przybylski ) C.A. No. 92C-09-115 pretrial hearing held before any judge for the purpose ) of ruling thereon, or at any other hearing of said case ELAM TRIAL GROUP ) ) C.A. No. 93C-08-250 j at which said deposition might be used, except that' an Dr. Dement Page 5 Limited to: V. August ) C.A. No. 94C-04-114 objection as to the form of a question must be made at ) DEPOSITION OF the time such question is asked or objection is waived as to the form of the question. JOHN DEMENT, PH.D. 5. That the original of this deposition will At Durham, North Carolina be mailed first-class postage to the appropriate party. January 3, 1996 Notice of filing is hereby waived. 11:30 a.m. Reported by: Kimberly A. Petrarca, CVR 1 Dr. Dement Page 6 2 Dr. Dement Page 2 3 Thereupon, APPEARANCES 4 John Dement, Ph.D., For the Plaintiffs: Thomas C. Crumplar JACOBS & CRUMPLAR 2 East 7th Street 65 having first been duly sworn, was examined and 7 testified as follows: Post Office Box 1271 8 Mr. Crumplar: Dr. Dement was deposed in Wilmington, Delaware 19899 9 Delaware, two-day deposition, back in September For Metropolitan: Keith E. Coltrain 10 1993 the purpose of which was to extensively cover OGLETREE, DEAKINS, NASH, SMOAK & 11 all of his opinions. I know Lincoln was STEWART 12 represented. Mr. Davies was there. It was our 4101 Lake Boone Trail 13 hope that would be the final deposition Dr. Dement Raleigh, North Carolina 27622 14 would have to give. For Steel Grip, 15 Dr. Dement has given an affidavit. We do Inc.: Derek L. Hall 16 think it's reasonable since that deposition that he JUDE & COCO 17 be deposed on the matters covered in his affidavit 806 Westover Drive 18 therefore, and I rereviewed the deposition last Post Office Drawer 17499 19 night, and I saw that welding rods were not Hattiesburg, Mississippi 39404- 20 covered. Don't know why Mr. Davies did not have 17499 21 the opportunity to depose him but did not, so I For Lincoln Electric 22 have no objections to this deposition dealing with Company and Hobart 23 welding rods, but I will instruct him not to answer Brothers Company: Ralph A. Davies 24 anything that comes in terms of his general DAVIES, MCFARLAND & CARROLL 25 testimony which was extensively covered before. The Tenth Floor One Gateway Center 1 Dr. Dement Page 7 Pittsburgh, Pennsylvania 15222- 2 1416 3 With regard to the duces tecum, we have 4 instructed Dr. Dement to gather the materials Dr. Dement Page 3 5 pursuant to the duces tecum. We had previously T A B L E OF C O N T E N T S 6 provided his CV. He has another copy of it. E X A MINATI0NS 7 Previously provided his list of articles. He has Examination Page 8 another copy of it. He has also brought along some Direct, Mr. Davies 10 9 additional articles that he feels may be relevant T A B L E OF C O N T E N T S 10 that aren't on his list of articles. EX H IB IT S 11 He just found a list of depositions -- Can you Exhibit No. Description Marked 12 just pull that out? -- which we thought he did not Defendant's Report on Testing 75 13 have such a list. I called up Mr. Davies last Exhibit No. 1 14 night and told him that that would be produced. Defendant's Report on Testing 75 15 The final thing that is here that 1 think Mr. Exhibit No. 2 16 Davies has not seen -- Most of this stuff is 17 material that we have sent Dr. Dement which you Attachment 18 folks have -- there is a report, really two reports Publication Articles 19 but part of the same series, that he did for Ness, 20 Motley. Dr. Dement Page 4 21 I became aware of the formal report last ST IPULATIONS 22 night. I immediately then called up Mr. Davies to It is hereby stipulated and agreed between the 23 say that Dr. Dement would bring this report. Dr. parties to this action , through their respective counsel 24 Dement, when the affidavit was prepared, we are of record: 25 aware that he had done some work for Ness, Motley, 1. The deposition of John Dement, Ph.D., may be taken on January 3, 1996, beginning at 11:00 a.m., at 1 Dr. Dement Page 8 the R. David Thomas Center, 1 Science Drive, in Durham 2 Hill, North Carolina, aefore Kimberly A. Petrarca, a 3 but he was under a confidentiality order. He could notary public. 4 not even tell us what the results of that were. He 2. Said deposition shall be taken for the 5 told me that until Ness, Motley released that purpose of discovery or for use as evidence in the 6 report he could not testify regarding that report above-titled action or for both purposes. 7 and he could not base any of his opinions on the 3. Any objections of any party hereto as to 8 report. notice of the taking of said deposition, or as to the 9 We made certain that he could make his time or place thereof or as to the competency of the 10 affidavit and testify simply based on his COURT REPORTING SERVICES (919) 832-4114 PAGE P A G E S A V E R ____________ Deposition of John Dement 1/03/96_______________ __ 11 information about welding rods not including any 12 information he got from the report. Thatreport, I 13 just learned yesterday, has now been released in 14 the Texas litigations. 15 The attorneys have decided that it is no 16 longer a consulting expert but an expert used for 17 trial, and he was just listed as a witness, so 18 therefore, Dr. Dement has been released from the 19 confidentiality requirements just, as I might note, 20 that Dr. Craighead had some reports he did in the 21 welding process that he told me he could not 22 release those until he got permission from the 23 attorneys that retained him for it. 24 I did get the permission last night. That was 13 Q. 14 15 A. 16 Q. 17 A. 18 Q. 19 20 A. 21 22 Q. 23 24 A. 25 Are you represented at this deposition this . morning, Doctor? Am I represented? Yes, sir. Do you have an attorney here with you? No. I do not. Did you meet with Mr. Crumplar prior to the deposition? He arrived here at about 9:30, so we met for about a half hour. Did you review the subject matter of your testimony at that time? Not really. I brought the materials that I brought with me, and Mr. Crumplar just looked through them. 25 conveyed to Dr. Dement, so we do have that report 1 Dr. Dement Page 12 2 1 Dr. 2 3 4 5 6 7 8 9 10 11 Dement Page 9 which is being produced. That's not, again, what he bases his opinion in this case, but because the report does deal with welding rods and it has now been made public, I felt that it was discoverable. That's it. Mr. Davies: Let me make a much briefer statement. To the extent that Mr. Crumplar is attesting that Dr. Craighead has done anything for me or for the Lincoln Electric Company -- 3 4 Q. 5 6 7 A. 8 Q. 9 10 11 A. 12 13 That's really it. What material was provided to you by either Mr. Crumplar or anyone associated with his firm in conjunction with these cases? I've brought all of the materials with me today. Could you just briefly outline for me those materials which he sent to you rather than materials that you may have already had? Okay. There's an affidavit by -- maybe you can pronounce his name for me -- Edward Przybylski dated 29th of September 1995. 12 Mr. Crumplar: I'm not suggesting that at all. 13 Mr. Davies: Just so we have an understanding 14 that Dr. Craighead is not under my control, has 14 Mr. Crumplar: It's an affidavit which lists 15 material attached which is the deposition, a 16 portion of the deposition. 15 done nothing for me, and that 1 have not instructed 16 him to withhold anything, that's fine. With 17 A. 18 An affidavit by Vincent August dated August 8, 1995, again also with some attachments, portions of 17 respect to the deposition that was taken some two 18 years ago, if you reviewed the transcript last 19 depositions; a videotaped deposition of George 20 Hudson, and I don't -- February 28, 1985. 19 night, you are undoubtedly aware that you summarily 21 Q. Is that the entire transcript, Doctor? 20 concluded that deposition before I ever had an 22 A. No. It starts on page 27. It's not theentire 21 opportunity to ask any questions. I don't want to 23 transcript. The deposition of Steven Hudson taken 22 fight with you about that, but I never got a turn 24 on June 8 of 1988. 23 at that deposition. 25 Mr. Crumplar: To speed it up, there's an 24 Mr. Crumplar: I will agree just so we don't 25 have to talk about things that we disagree with. 1 Dr . Dement Page 13 2 1 Dr. Dement 2 Page 10 3 affidavit of Steven Hudson which is dated March 10, 4 1995, in the Hudson pack which is clipped. 3 There were two days that were allocated by the 5 Q. Is that a complete transcript, Doctor? 4 court for the deposition. I am well awarethat 6 A. No. There are portions of the transcript. 5 there are a number of defendants that never got a 7 Mr. Crumplar: Same material that we provided 6 turn. 8 to you. 7 It is my view that that was the defendants' 9 A. The deposition of Jack Peterson, June 1, 1995. 8 faults that they should have decided among 9 themselves rather than allow one person, Mr. 10 Mr. Crumplar: And that is a complete 11 transcript. 10 Phillips, to spend most of his time asking 12 A. And the deposition of Thomas Eager, May 24, 1995. 11 irrelevant questions, but I 'm well aware of the 12 fact that Mr. Davies, as well as other defendants, 13 Mr. Crumplar: That's also a complete 14 transcript. 13 were ready to go but never had their turn, and 14 that's one of the reasons why I 'm making him 15 A. 16 Q. A complete transcript. Have you reviewed all of those materials, Doctor? 15 available now. 16 Direct Examination By Mr. Davies: 17 Q. Good morning. Doctor. 17 A. 18 Q. 19 Yes. I've reviewed them. Have you reviewed any other material in preparation for the deposition today? 18 A. Good morning. 20 A. No. 19 Q. Doctor, my name is Ralph Davies. I have a few 21 Mr. Crumplar: I might just say I showed him 20 questions for you this morning, and as Iindicated 22 Lincoln's answers to interrogatories literally in 21 to you before you were swornin, Idon't propose to 23 30 seconds. I don't think that was probably 22 spend any time with you reviewing your views on 24 reviewed. 23 asbestos generally. I am interested primarily in 25 A. No. 24 what you know aboutwelding rods and any testing 25 that you may have done and the basis of opinions 1 Dr. Dement Page 14 2 1 Dr. Dement 2 Page 11 3 Mr. Davies: Tom, this deposition would go a 4 lot faster if you'll let the doctor testify instead 3 that you may render in the Delaware litigation. 4 You've been through the deposition process a 5 number of times and, I think, are familiar with all 5 of you doing it. 6 Mr. Crumplar: That's fine, but I'm just 7 trying to be as complete as possible. 6 of the rules, so I won't attempt to repeat them. I 7 would ask, however, that if I do not make myself 8 Q. 9 Doctor, just a couple of questions about your curriculum vitae. As I understand it, you have a 8 9 10 11 12 A. clear in any question that I put to you that you tell me that so that I can try to rephrase the question and put it in intelligible form, fair enough? Yes. That's fine. 10 11 A. 12 Q. 13 A. 14 Ph.D., is that correct? That's correct. In what field is that? It's a program at UNC Chapel Hill that industrial hygiene and epidemiology. combined COURT REPORTING SERVICES (919) 832-4114 PAGE 2 PAGESAVER____________________ Deposition 15 Q. 'As I understand your CV, you do not have a degree 16 in geology, is that right? 17 A. No. I do not. 18 Q. Or mineralogy? 19 A. No. 20 Q. Or chemistry? 21 A. No degree in chemistry. Obviously, I 've studied n mineralogy and geology and chemistry, but I don't 23 have degrees in those areas. 24 Q. Do you have a degree in physics? 25 A. No. Again, an area that I 've studied. 1 Dr. Dement j Page 15 2 3 Q. Do you have a degree in metallurgy? 4 A. No. 5 Q. Do you have a degree in material sciences or e engineering? 7 A. Yes, sir. I do have a degree in engineering. 8 Q. In what area of specialization? 9 A. Mechanical engineering. 10 Q. Is that your undergraduate major? 11 A. Yes. 12 0. Are you a professional engineer? 13 A. No. I 'm a certified industrial hygienist. 14 Q. Are you certified in any other area besides 15 industrial hygiene? 16 A. That's the only certification. Yes. 17 Q. You're on the faculty here at Duke, are you? 18 A. Yes. 19 Q. What position do you hold? 20 A. I'm associate professor in the Division of 121 Community and Family Medicine. 22 0. I saw in some of the material that was submitted to 23 me the title adjunct associate professor. 24 A. That's at UNC Chapel Hill. I 'm an adjunct there as 25 well. 1 Dr. 2 3 Q. 4 5 A. 6 0. 7 8 A. 9 10 Q. 11 A. 12 0. 13 14 A. 15 Q. 16 A. 17 18 19 20 0. 21 22 23 A. 24 25 Dement Page 16 Let me back up a step then. Are you an adjunct professor here at Duke? No. What does it mean to be an associate professor on the faculty? Where are you in the pecking order? You start as an assistant. Then you go to associate and then a full professor. Are you tenured? N o . I'm on tenure trial. Do you have any teaching responsibilities here at Duke? Yes. I do some teaching. Could you outline that for me, please? I teach in really three courses here at Duke. One is a course in which I lecture on occupational epidemiology, and that's in the School of Environment. Let me just interrupt you there if I may. How often does that course meet and how often do you lecture? The course meets -- It's a fall course, and it's taught by a number of us in my division, and I give at least one lecture, sometimes two lectures, in 1 Or. 2 3 4 5 Q. 6 7 A. 8 Q. 9 10 A. 11 12 0. 13 14 A. 15 16 Dement Page 17 that course depending on whether or not I've covered the materials yet in my first lecture. So if I understand it correctly, this is a one-term course, is that right? That's correct. Your involvement would be to lecture on one or two occasions during the term? Yeah. We spread the lecture responsibilities among the faculty. Would you go on to the next course In which you're involved? We have a spring course that's -- It's actually a survey course of environmental issues, and 1 give again one or two lectures on environmental of John Dement 1/03/96 17 epidemiology. 18 0. 19 20 A. 21 Q. 22 A. 23 24 25 That's the same kind of deal as in the fall in terms of your time conmitment to the course? Yes. How about the third one? The third is a course called clinical epidemiology. It's actually given in the summer, and I give actually a series of lectures on cohort and case control studies. 1 Dr. 2 3 Q. 4 A. 5 6 Q. 7 A. 8 9 10 11 12 13 14 15 16 17 18 Q. 19 20 A. 21 22 23 24 25 Dement Page 18 How many lectures are ordinarily involved in that? Well, they meet for two hours. It's a two-hour lecture two times I think. Any other teaching responsibilities here at Duke? I have some teaching responsibilities with regard to residents that we have in the occupational medicine residency program. The objective of their teaching is to learn epidemiology as well as some aspects of industrial hygiene, so it's more of a one-on-one teaching responsibility. For example, I 'm in charge of what's called the research program within my division, and those individuals can choose a research project within my program that will satisfy a requirement for the MPH program, so 1 serve as their mentor more or less. How many residents do you have working with you on a one-on-one basis now? 1 have one currently and one other faculty person that is a junior faculty that just came on board that's working with me. I also have some teaching responsibilities. I have at least two Ph.D. and epi students from UNC Chapel Hill that are working with me on projects that are part of their Ph.D. 1 Dr. 2 3 4 5 Q. 6 A. 7 8 0. 9 10 A. 11 o. 12 A. 13 o. 14 15 A. 16 17 18 19 Q. 20 21 A. 22 23 24 Q. 25 ---- Dement Page 19 research. I have one master's level industrial hygiene person from UNC Chapel Hill. How often do you meet with them? 1 meet with them daily depending on the needs of the projects that they're working on. Doctor, do you consider yourself to be an expert in the science of fracture mechanics:' Fracture mechanics? Yes. I didn't know there was such an expertise. I take it then you don't consider yourself to be an expert in that area? I consider myself to be an expert in the area of asbestos and asbestos-related products, and of course, fracture and splitting and the release of fibers is certainly a part of that. But you're not familiar with a discipline known as fracture mechanics? Boy. It's got to be a subdiscipline of something else because I don't think they offer a degree in fracture mechanics. I take it your answer to my question then is no, you're not familiar with it? -- ' .. 1 Dr. Dement Page 20 2 3 Mr. Crumplar: I note an objection as to 4 whether there is such a thing as a discipline of 5 fracture mechanics. I mean you are implying that 6 there's a recognized scientific discipline that 7 presumably degrees are offered in chairs and 8 universities. 9 Q. Is it fair to say, Doctor, that if there is such a 10 discipline, you are not aware of it? 11 A. I don't think you would find a degree in fracture 12 mechanics. You're going to find a degree in either 13 mineralogy, which would include some issues of 14 fracture, and you'll find some degrees in physics, 15 but I don't think you're going to find a degree 16 that's going to be called fracture mechanics. 17 Q. Do you read any welding publications on a regular 18 basis, Doctor? COURT REPORTING SERVICES (919) 8 3 2 -4114" ~ PAGE 3 PAGESAVER____________________ Deposition of John Dement 1/03/96________________ __ 19 A. 20 21 22 23 24 I have read -- I don't consider it on a regular basis, but I certainly have read the welding literature throughout my career in public health service with N10SH and others more from a perspective of health aspects of welding. Some of those were welding publications. Some of them were 21 Q. 22 A. 23 24 25 Did you find that any testing had been done? I found and I brought with me some of the articles that had done some testing but, again, not necessarily looking directly at fumes. There are some older articles in the literature which I found 25 publications and the literature dealing with 1 Dr. Dement Page 24 1 Dr. 2 3 4 Q. 5 6 A. 7 8 9 10 11 12 13 Q. 14 A. 15 16 Q. 17 A. 18 19 Q. 20 A. 21 22 23 24 25 Dement Page 21 welding and health effects. Do you presently read any welding publications on a regular basis? I scan. 1 have a procedure that I use called Current Contents that I receive, and I scan hundreds of articles, and I pick out articles that have to do with my research and professional interest, so I can't say there's any one journal that I read on a routine basis. 1 tend to try to touch a broader base. Do you read The Welding Journal? I occasionally read The Welding Journal if there's a relevant article in it. Do you subscribe to it? No. I only subscribe personally to about three journals. Which are those? The American Industrial Hygiene Journal, The Applied Occupational Environmental Hygiene Journal, The American Journal of Industrial Medicine, The American Journal ofEpidemiology, and The Archives of Environmental Health.That's probably the ones I subscribe to. 1 Dr. 2 3 Q. 4 5 A. 6 7 8 Q. 9 10 A. 11 Q. 12 13 A. 14 Q. 15 A. 16 17 Q. 18 A. 19 20 Q. 21 A. 22 23 Q. 24 25 Dement Page 22 How do you determine whether The Welding Journal has an article in it that is relevant for you? You scan current contents and determine based on abstracts and article titles whether or not it's an article of interest. When is the last time you looked at The Welding Journal? Probably a welding journal -No. The Welding Journal. Are you aware that there's a publication known as The Welding Journal? Yes. That's the one I'm referring to. Probably I've looked through some issues of that about a year or so ago. For what purpose? That's when I was doing some research with regard to welding. May I ask the nature of the research? I brought the report that was generated as part of that research here. So a report that you have with you today has something to do with what you were looking for a year ago in The Welding Journal? 1 Dr. 2 3 A. 4 5 6 7 8 9 10 Q. 11 12 13 A. 14 15 Q. 16 A. 17 18 Q. 19 A. 20 Dement Page 23 I sent you a list of articles that have to do with welding. As part of the process of putting together that list, some of which just came from my files which I collected over a number of years, part of the process was to look back through back issues of a number of journals, and The Welding Journal was one that I looked at. What were you looking for in TheWeldingJournal that was pertinent to the contents of the report that you have with you today? I was primarily looking at the issues of coated welding rods. What were you trying to find out? Whether or not anybody had ever done any testing with coated welding rods. What did you learn? Very little actual testing, mostly looking at fumes and not looking at the asbestos particulates. 3 4 5 Q. 6 7 8 ' 9 A. 10 Q. 11 A. 12 13 14 15 Q. 16 A. 17 18 19 20 21 A. 22 23 Q. 24 25 that did at least talk about fibers as a component of the fume. Did you find any-material in the literature that you reviewed that dealt directly with the question of release of asbestos fibers from the coating of welding rods? Yes. Can you tell me what those articles are, please? I've listed those articles, at least part of them, in the list that I sent you. Mr. Crumplar: For the record, that list is attached to our interrogatory answers. May 1 see the list you're referring to. Doctor? Sure. (Thereupon, witness hands document to counsel.) Mr. Crumplar: The interrogatory answers I'm referring to, the updated version is 12/29/95. There are some articles I haven't had time to add to my list I've brought with me today. Would you mind going through that list of articles, and just for purposes of identification, this is a list which is titled "Welding Rods" Reference 1 Dr. 2 3 4 A. 5 Q. 6 A. 7 Q. 8 9 10 11 A. 12 13 14 15 Q. 16 17 A. 18 Q. 19 A. 20 21 22 23 24 25 Dement Page 25 Materials, correct? Right. And it lists 56 articles? That's correct. Would you go through there, please, and tell me which of those articles deal specifically with the question of release of asbestos fibers from the coating of welding rods? They either deal with it by mentioning it as a possibility or, in some cases, mention some measurements were taken, so I'll go through and list those. Would you tell me which is which, please, as you go through? I 'll do the best that I can. I appreciate it. Thank you. If you'll look at number four, the Atfill article mentions in there coatedrods as a possible source of exposure. The article number eight by Becker, "Cancer Risk Among Arc Welders Exposed to Fumes," this article mentions coated rods. It found also an increase,a greater lung cancer risk with those using coated rods. 1 Dr. 2 3 Q. 4 A. 5 6 Q. 7 8 9 A. 10 11 12 13 Q. 14 15 16 17 A. 18 19 20 21 Q. 22 A. Dement Page 26 Does it deal with asbestos, Doctor? It mentioned asbestos as a possible source of that increase. I'm interested in knowing what any of these articles have to say about asbestos and release from the rods, okay. The article number ten by Bell published in 1976 refers to measurements of some chrysolite wrapped asbestos rods in which they found some fairly significant asbestos concentrations. Let me just ask you this. Do you have any reason to believe that any of the plaintiffs in the cases that we're talking about here worked with asbestos wrapped rods? No. I think these probably were -- If you look at the literature, it talks about early on having asbestos wrap that was then perhaps dipped in a binder material. Okay. Go on, please. But I think this is a relevant article. These COURT REPORTING SERVICES (919) 832-4114 PAGE 4 PAGESAVER Deposition of John Dement 1/03/96___________________ 23 other articles primarily deal with -- Some of them 24 deal with an increased lung cancer risk among 25 is, the AWS document "The Welding Environment," was 25 welders. A lot of them are epidemiological Dr. Dement Page 30 1 Dr. 2 3 4 Q. 5 A. 6 0. 7 A. 8 109 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Dement Page 27 articles. Are there any other articles here of the 56 listed? Yes. Please go on. Bonsib in item 13 talks about, actually reviews, some of the literature with regard to coated welding rods and the rods as a source of exposure to asbestos. The article by Doig, D-o-i-g, number 19, mentions asbestos coated rods as a source of exposure. The article by Doig in 1936, item number 20, mentions asbestos coated rods as a possible source of exposure. Also mentions in the article some fumes that were collected and looked at by the inspector of factories in London which found some asbestos fibers in the fume. The article number 24 from The Welding Encyclopedia, it talks about how asbestos is used in the process of welding, and it speaks of asbestos welding rods. Article number 32 -- Mr. Crumplar: Excuse me. Was there something in between 20 and 30? Witness: Twenty-four. Mr. Crumplar: I'm sorry. Go ahead. A. Q. 8 A. 9 10 11 12 13 14 15 Q. 16 17 A. 18 19 20 21 22 23 Q. 24 25 published? I don't recall when the first one -- You can look in the front. It'll give you some idea of the most recent volume. Perhaps you can find it and save us some time. I was referring primarily to the preface here, and it talks about some of the prior activities of the American Welding Society starting in 1946. Mr. Crumplar: I'll tell you what. To save time, 1 can be flipping through to see if I can find the date if you want while you're questioning him. Doctor, is the preface of that document the only portion of it to which you were referring? No. There's a series. This document is a series of assessments of, first of all, the welding processes and possible sources of exposure, but a series of studies in which they try to measure fumes generated by different types of welding processes anddifferent types of rods. Is there anything in that document that you were able to findthat indicates that asbestos was found in the fume? Dr. Dement Page 31 1 Dr. 2 3 A. 4 5 6 7 8 9 10 11 12 Q. 13 A. 14 15 16 17 18 19 20 21 22 23 24 25 1 Dr. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Dement Page 28 Thirty-two again mentions asbestos welding rods as a source, possible source, of exposure. The same with number 37. The NI0SH criteria document, number 40, also makes mention of asbestos coated rods as a possible source of exposure. Number 51 makes mention of coated rods as another possible source of exposure, and I have three articles that, maybe four, maybe five, just aren't on the list. I haven't had time to update my list. Would you tell us what those are, please? One is called "The Welding Environment," and it's put out by the American Welding Society, and although it doesn't make measurements, it mentions asbestos or makes mention of asbestos as a possible exposure. The 1942, 1943 document, I'm sorry, called "Minimum Requirements for Safety in Industrial Health in Contract Shipyards" by the U.S. Navy, U.S. Maritime Commission, mentions salvage of asbestos coated rods as a source of asbestos exposure. The article "Ventilation in Art Welding With Coated Electrodes" by Tebbins and Drinker in 1941 also at least acknowledges the protective coating Dement Page 29 and the presence of asbestos in the material. This article by Jockel, J-o-c-k-e-1, "Lung Cancer Risk in Welding, Preliminary Results from an Ongoing Case Control Study," in essence, this article found an increased risk for welders -- this is lung cancer risk for welders -- after adjusting for smoking and other non-welding related asbestos exposures, so it's just an epi study. An article by Pairon, "Retention of Asbestos Fibers in the Lungs of Welders," this article found that the longer a person welded the greater the presence of retained fibers in their lungs or the retained asbestos fibers and also reviews some of the literature on an increased risk of mesothelioma, and it talks about electrodes bound with asbestos. May I see the last five, Doctor, that you just ment ioned? Sure. (Thereupon, witness hands articles to counsel.) Do you know when the first of those sources, that COURT REPORTING SERV 3 A. 4 (J. 5 6 A. 7 8 9 10 11 12 Q. 13 A. 14 015 6 17 18 19 20 A. 21 Q. 22 A. 23 Q. 24 A. 25 They didn't look for it. Anything in there that indicates that asbestos was found released by rods other than in the fume? Again, it wasn't look for. There was no study of that. There's a table on Figure 1.1 that talks about welding fumes and gases, and it talks about particulates, and it talks about fumes that you might expect. It also lists both asbestos and silica as possiblesources of exposure. Which page is that chart on? Page three. Doctor, with your permission, before we conclude here, I'm going to see if we can get some copies made of those three if I may set those aside for a moment. Doctor, on this list to which we have been referring, have you read all 56 of those articles? Yes, sir. I have. Is this a list that was prepared by you? Yes. When did you prepare thelist? Well, the actual list itself listing the articles was probably prepared a year or so ago. Some of 1 D r . Dement Page 32 2 3 the articles -- Like everybody else, 1 have files, 4 subject matter files, and for years, I've collected 5 articles that deal with welding. 6 0 . Was there any particular reason why you prepared 7 the list? 8 A. Well, I was trying to get organized more than 109 anything else. organized. I had it in files, and it was not 11 Q. 12 A. Organized for what purpose? Whatever purpose. 13 Q. Have you sent this list to any other attorneys 14 besides Mr. Crumplar? 15 A. I'm sure Ness, Motley has at least part of this 16 list. I'm not sure they have the most recent 17 update of the list. 18 Q. When did you send the list to Mr. Crumplar or 19 anyone in his office? 20 A. About the time the affidavit was put together. That's the affidavit dated October 18, 1995? Yeah. I think that's the date or the 16th. Which of the articles on this list will you be relying upon as part of the basis of the opinions that you will give in this case? Dr. Dement Page 33 CES (919) 832-4114 PAGE PAGESAVER Deposition of John Dement 1/03/96 2 4 A. That's correct. I haven't been asked to give case 3 A. 4 5 6 7 Well, I think it's fair that I'll rely on the lists themselves because of the lists are epidemiologic studies. The evidence certainly points to an increased risk of lung diseases including lung cancer among welders. 5 6 Q. 7 8 9 specific testimony. I assume from that -- and you correct me if I 'm wrong -- that you have not had occasion to review any of the medical records that pertain to either of those gentlemen? 8 Q. All I want to know is what you're relying on, 10 A. That's correct. 9 Doctor. I don't need you to give a speech. 11 Q. Will you be offering any product specific testimony 10 A. We went through certain articles that made direct 12 at the trial of these cases, Doctor? 11 reference to coatings of welding rods, but I think 13 A. Not to my knowledge. I think it's more general. 12 the list to me is appropriate to use, rely on the 14 With regard to this.issue, it's more general 13 whole list. 15 welding rod issues. 14 Q. So you will be relying then on all 56 articles plus 16 Q. Do you know whether any products manufactured by 15 the five additional publications that you gave me 17 the Lincoln Electric Company ever contained 16 this morning, is that correct? 18 asbestos? 17 A. Certainly as part of the reference materials. You 19 A. Primarily reviewing the response to interrogatory 18 know, obviously, I've reviewed a lot of other 20 questions, which we mentioned I looked at briefly 19 articles on asbestos which we haven't brought here 21 this morning, I understand that up until 1981 at 20 today because they don't deal directly with welding 21 rods. 22 23 Q. least some of the rods contained asbestos. Is that the sole source of your information about 22 Q. Are there any other articles or publications or 24 Lincoln's products and whether they contained 23 textbooks or writings having to do with welding 25 asbestos? 24 upon which you will rely in giving the opinions 25 that you have in this case? 1 Dr. Dement Page 37 2 1 Dr. Dement Page 34 3 A. I have, as I said, as Mr. Crumplar said before, was 2 4 in the consulting capacity with Ness, Motley with 3 Mr. Crumplar: Specific ones as opposed to the 5 regard to asbestos containing welding rods, so I 4 general body of knowledge. 6 had some knowledge through that consulting 5 A. I can't think of any other specific article that I 7 arrangement that some welding rods, including some 6 can sit here and quote to you. Obviously, I've 8 Lincoln had, contained asbestos in the past. 7 read welding publications for a number of years. I 9 Q. Have you been involved in any testing of any 8 can't quote article by article. 10 Lincoln rods? 9 Q. 10 Are you a member of the American Welding Society, Doctor? 11 A. 12 I have brought the report on all the testing that I have conducted. 1211 A. 13 Q. No, sir. I am not. I have done a little welding in the past, but I am not a member of the society. I'll get to that. 13 Q. 14 15 Once I get an opportunity to look at that, Doctor, we'll have some questions about it I 'm sure, but just without spending a lot of time referring to 14 Doctor, are you aware of the names of the 16 that, do you recall whether there were any Lincoln 15 plaintiffs in whose cases your deposition is being 17 rods involved in any testing that you did? 16 taken today? 18 Mr. Crumplar: Do you mind if he looks to see 17 A. 18 I'm not giving case specific testimony, so I really haven't reviewed names of plaintiffs. 19 20 Q. whether -Help yourself. 19 Q. When were you retained by Jacobs and Crumplar to 21 A. The rods that were tested in our experiment were 20 consult in these cases? 22 Hobart and a Westinghouse and a partially burned, 21 A. 22 I can't give you an exact date. It would have been sometime before the preparation of this affidavit. 23 partially used rod that I received from another 24 investigator which I don't have the specific 23 Q. Can you give me any sense of how long before? 25 identification on. 24 Mr. Crumplar: Let me just make one -- Dr. 25 Dement has been listed as a witness in these cases 1 Dr. Dement 2 Page 38 1 Dr. Dement 2 Page 35 3 Q. 4 Let me go back to the question I put to you a moment ago then. With respect to Lincoln rods, do 3 and scheduled to testify for quite awhile, I mean, 5 you have any information about whether they 4 specifically questioning him if y o u're dealing with 6 contained asbestos other than what you reviewed in 5 when did we specifically talk to him about welding 7 that interrogatory answer? 6 rods. There may be a different answer as to when 8 A. Again, I, through the process of consulting in this 7 did he understand he was going to be testifying in prior arrangement, I was aware that Lincoln rods 8 the Przybylski group or whatever. had contained asbestos, so that's in addition to 9 Q. Do you remember the question I asked you, Doctor? response to interrogatories. 10 A. Well, it was, I think you said, about these cases. What was the source of that information? 11 Obviously, I've given a deposition a few years ago Some testing that I understand was being done on 12 that dealt with more general issues of cases. the rods, some historic rods themselves. 13 About welding, my best guess would be sometime in Who did that testing? 14 the mid summer or sometime. I believe some of that was done by Jim Mallett and 15 Q. Of 1995? some others. I can't tell you everybody who's been 16 A. Yes. Mid to late summer. testing. 17 Q. What were you asked to do with respect to welding? Have you see the results of any of those tests? 18 A. We primarily discussed what my opinions were with The only results that I have are for the rods that 19 regard to welding and would I be willing to put we have looked at ourselves. 20 those on paper in the form of an affidavit. I understand that's what you have. My question is 21 Q. And that's the affidavit of October 18, 1995? have you seen the results of any of those other 22 A. That's correct. tests? 23 Q. I take it from what you told me just a moment ago I can't recall that I have. 24 that you will not be offering any specific 25 testimony about Mr. Przybylski's condition or Mr. 1 Dr. Dement Page 39 2 1 Dr. Dement Page 36 3 Q. Now with respect to Hobart rods, do you have any 2 4 information about whether or which Hobart rods 3 August s condition, is that correct? 5 contained asbestos other than what you may have COURT REPORTING SERVICES (919) 832-4114 PAGE PAGESAVER Deposition 6 gleaned as a result of whatever testing you did? 7 A. No. I haven't reviewed a list of all the product 8 l.D. numbers and whether or not they had asbestos 9 or not for any particular manufacturer. 10 Q. So is the source of your information then about 11 Hobart rods the testing that you have in front of 12 you? 13 A. Yes. And again, some of the Hobart rods were part 14 of the consulting with Ness, Motley and so as again 15 a part of that as well. 16 Mr. Crumplar: Let me just say 1 showed him 17 the Hobart interrogatories too. 18 Q. Are ypu aware of any testing done on Hobart rods 19 other'than the testing that you're going to show me 20 before we're finished here today? 21 A. 22 I've not -- If there's testing been done, 1 haven't seen the results. I can't tell you. 23 Mr. Crumplar: Just so the record is clear, 24 we're not like delaying handing the report to Mr. 25 Davies until a later time. I mentioned in the 1 Dr. 2 3 4 5 6 7 8 9 10 11 12 13 14 0. 15 16 17 18 19 A. 20 21 Q. 22 23 24 25 A. Dement Page 40 beginning. Mr. Davies: I didn't mean to suggest that you were if 1 did. I'm going to get to it eventually. I assume you're going to give me an opportunity to read it. Mr. Crumplar: You can read it at any time. I just didn't want later, a year from now, somebody who's not here saying the record is that we're playing some kind of game with you on the report. Mr. Davies: I think your paranoia is showing, Tom. Let me put the same question to you with respect to Westinghouse rods, Doctor, since you've mentioned them. Do you have any information about those rods and the asbestos content other than what you have determined as a result of your testing? Again, same response as before, the interrogatory response, the prior consulting. You may have answered this at least by implication, but let me ask you the question directly. Do you know which rods manufactured by the Lincoln Electric Company contained asbestos? I haven't reviewed an entire list of their rods. Dr. Dement Page 41 Q. A. Q. 9 10 11 12 A. 13 14 15 16 17 18 Q. 19 20 A. 21 22 Q. 23 24 A. 25 There was a list as part of the interrogatory. I just glanced at it. Same questions with respect to Hobart and Westinghouse. Same response. Do you know if there was any particular type of welding rod that at one time contained asbestos, for example, a rod used in a particular application? I'm not aware that it was restricted to any one particular application. I know obviously rods are made for different types of welding and base metals and applications, but again, I haven't tried to match up what the application is with the asbestos content. Do you have any idea whether stainless steel rods ever contained asbestos? From the literature, it looks like stainless steel rods contained some asbestos. Can you point to the literature inparticular which would lead you to that conclusion? Basically the same articles we just went over. Some of those mentioned welding of stainless steel. Dr. Dement Page 42 0- All 61 of them? A. No. The ones that we just flagged that made specific mention in discussion of rods and coatings. Q. Should we add the last five articles that you gave of John Dement 1/03/96 8 me to the list of those that are flagged or just to 9 the general list? 10 A. 11 I guess they should be added to the flagged list. They at least in some way address the presence of 12 13 Q. asbestos in coatings. Do you have any understanding, Doctor, as to 14 whether or not all stick electrodes at one time 15 contained asbestos in the coating? 16 A. I don't think that's true. 17 Q. 18 A. So as you understand it, some did and some didn't? That's my understanding. 19 Q. 20 Are you at all familiar with the AWS classification system for rods? 21 A. I have reviewed it. I have looked at itat one 22 point in time. I have not studied it. 23 Q. 24 25 A. If I were to say to you AWS classification 70-18, would that have any meaning to you? 1 probably have glanced at it, but I haven't -- 1 Dr. 2 3 4 Q. 5 6 7 8 A. 9 10 11 12 0 . 13 14 15 16 17 18 Q. 19 20 A. 21 Q. 22 23 A. 24 Q. 25 A. Dement Page 43 It's not an issue I've really studied in detail. I take it from that that you can't tell me what 7018 means versus 60-10 or some other number. Mr. Crumplar: Or even if 70-18 is a classification. I have, as I've said, generally looked at the some classification systems under the American Welding Society. I'm not a welder, so I didn't feel like it was my responsibility to memorize those. I'm not suggesting that it was. All I want to know is whether or not you know what the designation 70- 18 means. If you do, tell me. If you don't, tell me you don't. Mr. Crumplar: And again, assuming that is a designation. I represent to you that it is. Mr. Crumplar: That's fine. I don't know what 70-18 is. Doctor, you indicated to me awhile ago that you had done some welding at some point? Yes. I did. Can you tell me when that was and what you did? Well, I spent a number of summers in high school 1 D r . Dement 2 Page 44 3 and the first couple of years of college working in 4 garages and did both some acetylene welding and 5 some electric welding as part of that. One of the 6 things I did for a summer, the garage that 1 worked 7 at was in the process of expanding, making a bigger 8 facility, so the owner decided to make his own 9 steel beams for the roof, so I spent a summer 10 welding together channel iron and making beams for 11 the roof of that building. It's just mild steel 12 welding. 13 Q. 14 A. Did you use stick electrodes? Yes. 15 Q. 16 A. Do you know whose you used? I have no idea. 17 Q. Do you know what the classification was of the 18 rods? 19 A. 20 Q. I don't remember. How much time that summer did you spend welding? 21 A. Probably two-thirds, half to two-thirds of the 22 23 Q. 24 25 A. t ime. Did you wear a welding hood when you were doing this work? Of course. 1 Dr. 2 3 Q. 4 5 A. 6 Q. 7 8 A. 9 Dement Page 45 Do you have any idea how much of your actual welding time was spent with an arc struck? I don't know. I couldn't give you an estimate. Do you consider yourself to be an expert in welding processes? I'm familiar. I'm generally familiar with welding processes. I wouldn't consider I am an expert in COURT REPORTING SERVICES (919) 832-4114 PAGE PAGESAVER____________________ D e position of John Dement 1/03/96___________________ 10 all processes of welding. I'm more interested in 12 A. It can vary depending on the process but 3,000, 11 12 13 Q. the health aspects of welding than the actual welding processes. That's all I'm trying to find out, Doctor. 13 14 Q. 15 6,000 degrees centigrade actually. And at what temperature does asbestos decompose centigrade? U Is there welding process in which you consider 15 yourself to be an expert? 16 A. 17 Chrysotile asbestos will start to decompose at temperatures somewhere around 900 to 1,000. 16 Mr. Crumplar: Other than what he's already 17 said? 18 Q. 19 A. When is the dcomposition process complete? Well, it depends on -- It's not just a matter of 18 A. My response is my response. I'm not an engineer 20 temperature. It's a matter of time, and that 19 who's involved in the process of welding. I 'm an 21 really hasn't been determined to a great certainty. 20 industrial hygienist who's interested in the 22 There are some studies with chrysotile using 21 health, possible health aspects of welding so -- 22 You know, I'm not an expert in the process of 23 differential therm analyses, and you have to 24 actually keep it heated at that temperature, at 23 welding necessarily. I doconsider myselfthat I'm 25 least at that temperature, for a period of time. 24 industrial hygienist withsome expertise inwelding 25 health effects. 1 Dr. Dement Page 49 2 1 Dr. Dement Page 46 3 It's not instantaneous. 2 4 Q. Is there a relationship between time and 3 Q. Have you ever taught welding? 5 temperature in the sense that as the temperature 4 A. No. 6 increases, the time decreases? 5 Q. Have you ever published any welding articles? 7 A. It's not determined. 6 A. No. Huh-uh (no). 8 Q. Do you know why asbestos was used in welding rods? 7 Q. Have you ever seen welding rods made? 9 A. Well, the function of the coating is to provide 8 A. No. I haven't been to a factory making welding 10 some shield to the pool of metal and to act as a 9 rods. 11 flux. Why asbestos was chosen over other 10 Q. Are you familiar with the process of manufacturing 12 materials, I really couldn't tell you. 11 welding rods? 13 Q. Do you know if it had a specific purpose? 12 A. Only as it can gleaned from a look at the 14 A. Well, apparently if it had a purpose, there were 13 depositions I've read. 15 other materials that could be substituted because 14 Q. Do you recall from which deposition you gleaned 16 .it was substituted, and I give you my impression 15 that information? 17 because it's not detailed in the articles I've 16 A. Well, both the depositions, the Peterson and Eager 18 read, but some of the asbestos helped provide a 17 depositions, talk a little bit about welding rods. 19 structure to the coating itself, that is, give it 18 Some of the literature itself here talks about 20 some rigidity. 19 coatings and welding rods and sort of how they're 21 Q. Is that the only purpose of which you are aware? 20 made to some extent but also indicates that most of 22 A. I assume that it provides at least -- I'm not going 21 that is proprietary so it doesn't go into a lot of 23 to speculate beyond that. 22 detail. 24 Q. When asbestos was used in the coating of welding 23 Q. Would it be fair to say that the general 25 rods, Doctor, do you have any idea what the 24 information that you have regarding the 25 manufacturing process came from the depositions of 1 Dr. Dement Page 50 2 1 Dr. Dement Page 47 3 percentage of asbestos was either by weight or 2 4 volume? 3 Drs. Peterson and Eager? 5 Mr. Crumplar: !n the coating. 4 A. There's some discussion in some of these documents 6 A. From the data I've seen, it varies from one to two 5 that come from, for example, The Welding 7 percent to some cases up to as high as ten percent 6 Encyclopedia. 8 or so. 7 Q. Would you outline the other ones,please, that 9 Q. Were there any particular rods that you can 8 cover the manufacturing process? 10 identify that had as much as ten percent in them? 9 A. Again, as I've said, they basically talk about 11 A. I looked at list this morning that indicated some 10 constituents of sort of how they're made, but they 12 had as high as ten percent, but I didn't memorize 11 don't go into a lot specific detail because it's 13 the numbers. 12 proprietary information. 14 Q. Do you know which company that was? 13 Q. Would you tell me, please, those which discuss that 15 A. I don't recall the specific company. 14 aspect? 16 Q. When asbestos was used in the coating of rods, do 15 A. Okay. Actually, one of the articles that w e 're 17 you have any idea what type of binding agent was 16 going to have copied, the Tebbins' article, 18 used to hold that together with the other 17 mentions a bit about that. The two articles, 24 19 constituents of the flux? 18 and 25, deal with asbestos and coated electrodes. 20 A. Well, most of that is proprietary, but typically, 19 They're from The WeldingEncyclopedia actually. 21 my understanding was sodium silicate material. 20 Number 44 also deals. It's fromThe Welding 22 Q. Do you have any experience working sodium silicate? 21 Journal. 23 A. Not specifically research on sodium silicate. I'm 22 Q. 23 A. Okay. I think those are the ones that at least give some 24 aware that it's called water glass. I'm aware of 25 the material. 24 general discussion of. 25 Q. Doctor, in your affidavit, you make the statement, 1 Dr. Dement Page 51 2 1 Dr. Dement Page 48 3 Q. Other than any testing you may have done on welding 2 4 rods, have you done any other type of testing with 3 "The welding process does decompose the asbestos at 5 any material that utilized sodium silicate as a 4 the point of arc." Do you stand by that statement 6 binder? 5 today? 7 A. I can't recall any. 6 A. I think the temperatures at the point of arc should 8 Q. Will sodium silicate bind with asbestos? 7 be sufficient to destroy asbestos at least 8 partially. Whether or not that is a complete 9 A. 10 Q. To some extent, of course. Do you know what type ofbond is created when that 9 process I think is open to a lot of debate. 11 occurs? 10 Q. 11 Do you have any idea what the temperature is at the arc? 12 A. 13 Well, it's not going to be necessarily a chemical bond. It's going to bemore or lessheld together COURT REPORTING SERVICES (919) 832-4114 PAGE 8 PAGESAVER Deposition of 14 by electrostatic forces mostly. 15 Q. Are you familiar with the concept known as wetting? 16 A. Generally, yes. 17 Q. Can you tell me what that is as you understand it? 18 A. It's primarily the ability of, in most cases, a 19 liquid material to adhere to the surface of a solid 20 as wetability. It's typical for a solid to at 21 least not repel the liquid material. 22 Q. Is there capillary action involved in the concept 23 of wetting? 24 A. It can be. It depends on the material. 25 Q. Will asbestos wet? 1 Or. 2 3 A. 4 0. 5 A. 6 7 8 9 10 Q. 11 12 A. 13 Q. 14 15 16 A. 17 Q. 18 19 A. 20 21 Q. 22 23 24 A. 25 Dement Page 52 To some extent, it will, of course. Will it wet with water? To some extent. Not entirely. That's the reason for continued release of asbestos during asbestos abatement. They tend to try to use materials that would reduce surface tension and help wetability, but still you have fibers released. When chrysotile asbestos is exposed to water, will there be capillary action? To some extent. It's not going to be 100 percent. How about with sodium silicate? If chrysotile asbestos is exposed to sodium silicate, will there be wetting? To some extent. Would that involve capillary action of the sodium silicate into the asbestos? Well, you're not into the asbestos. All you're doing is pulling it into the matrix, the asbestos. Just to be sure I understand what you're saying', when you say the matrix, are you saying that it is pulled into and around the fibers? Again, to some extent. It's never going to 100 percent. 1 Dr. 2 3 4 5 6 7 8 9 10 Q. 11 12 13 A. 14 15 16 17 0. 18 A. 19 20 21 Q. 22 23 A. 24 25 Q. Dement Page 53 Mr. Davies: Can we take a short recess, please? (Thereupon, there was a short recess.) Doctor, do you know how much sodium silicate by weight or volume was used in the coating of any of the rods that you tested? No. Do you have any idea how much sodium silicate was used in the flux of any asbestos-containing welding rod ever manufactured? Again, that information has not been available to, not available in the literature really. Some ranges are given in some of the publications that we've gone through. What ranges have you seen? I don't recall the ranges, but one of the articles, as I recall, gave some possible ranges. It may have been the American Welding Society publication. Do you know what disease processes are involved in the Przybylski and August cases? I understand one was a mesothelioma, but I can't tell you what the other one is. Do you know which is the meso case? 1 Dr. 2 3 A. 4 Q. 5 A. 6 7 Q. 8 A. 9 Q. 10 11 12 A. 13 14 15 Dement Page 54 No. Do you know whether Mr. Przybylski was a welder? I don't know. I presume that he was. I haven't reviewed his occupational history. Do you know whether Mr. August was a welder? I couldn't tell you. I take it from you've said you don't really know anything about their welding environments if, in fact, they had welding environments? The only thing I can relate to is what I have had a chance to review, and this is when it talks about -- I guess this is his brother who worked alongside Mr. Przybylski. He indicated when he and 16 17 18 19 Q. 20 21 22 23 24 25 A. 1 Dr. 2 3 4 Q. 5 6 7 8 9 10 A. 11 12 Q. 13 14 A. 15 16 Q. 17 18 19 A. 20 21 Q. 22 23 24 25 A. 1 Dr. 2 3 Q. 4 A. 5 6 7 8 Q. 9 1110 12 A. 13 14 15 16 Q. 17 18 19 20 21 22 Q. 23 24 A. 25 1 Dr. 2 3 4 5 0. 6 7 A. 8 9 10 11 Q. 12 13 A. 14 15 16 17 COURT REPORTING SERVICES his brother were working as a welder at Center Oil, and he talked about use of welding rods. That's the source of my information. That was the question I was about to put to you. Would it be fair to say that anything you know about their welding histories or welding environments would be what you have gleaned from those portions of the depositions that were made available to you? And the affidavits, the material that we went Dement Page 55 through this morning. Fair enough. I didn't mean to exclude the affidavits. Other than anything that may be contained in those same materials, do you have any information about what types of welding rods either Mr. Przybylski or Mr. August used? No. Again, other than what was in the affidavit. It did mention the Lincoln Fleetwell Five. Do you recall any other manufacturer being mentioned in those affidavits or depositions? He mentioned using some other brands but didn't know the brand names as I recall. Are you aware of any published studies dealing with the release of respirable asbestos fibers during the use or handling of welding rods? Well, only with regard to the articles that we've 1isted. Would the same be true with respect to theoretical release of asbestos fibers in the welding fume? Any information that you might have would be from those articles? You mean mention the possibility? Dement Page 56 Yes. Uh-huh (yes). I can't say that I've got an exhaustive list of every article that mentioned welding rod coatings, but this list of references forms at least a partial basis for my opinion. Then what I need to know is what else is out there in the universe of literature that helps form the basis of your opinions about release of respirable asbestos fibers from welding rods? I based my affidavit not on any testing that I had done but based on the literature, so that's the basis of what I've said is the literature which I attached to the affidavit. Let me ask you this. Do you intend to rely on any testing of rods or rod flux that you have done for any of the opinions that you will offer at the trial of this case? Mr. Crumplar: Besides the report you have in front of you? My question is, I think, perfect clear. Do you understand the question, Doctor? It forms -- My testing that I did simply confirmed some of my or my opinions with regard to welding Dement Page 57 rods gleaned from the literature. I don't think it necessarily goes beyond confirmation. Will you be relying on the results of that testing for the opinions that you're going to give? I can't exclude that information as part of my base of knowledge, but as I said, it doesn't do anything more than confirm what I had, my opinions based on the available literature over the time. Let me ask you this. Do you intend to testify at trial that you have done testing on welding rods? I can't tell you that. I think that's probably a question you'd ask Mr. Crumplar. Mr. Crumplar: Let me jump in. Until we got word that this testing was no longer confidential so that we could even be aware of it, we intended (919) 832-4114 PAGE PAGESAVER D e positio n of John Dement 1 / 0 3 / 9 6 _______________ 18 to have him not testify regarding the testing but 19 just testify based on the affidavit. Now that the 20 material has been released, I would hope that he 21 could refer to it although it's not essential in 22 his opinion. It's not going to form the 23 centerpiece of his opinion by any means. 20 A. 21 Q. 22 23 24 25 A. No. Of not specifically welding rods.' Do you anticipate rendering any opinions at trial that are not outlined in either the affidavit that you provided or in the answer to interrogatory which summarizes your testimony? No, sir. I think it's a fair summary. 24 Mr. Davies: fine. I think it is clear to me 25 that you intend to have him testify that he has 1 Dr. Dement Page 58 2 3 done testing. I propose to try to read the reports 4 that he has offered to us today, and I propose to 5 try to interrogate him in an intelligent wayabout 6 those reports. However, the record needs to be 7 absolutely clear that I have not reviewed this 8 material prior to this deposition. 9 Mr. Crumplar: That is fine, and let me just 10 say that I think how you should proceed is the way 11 you're doing right now, on one track that you're 12 confident to take him at trial if he doesn't 13 mention those reports, finish that up, and then you 14 do as much as you can on these reports. If after 15 having more exhaustive time to review those reports 16 you wanted to briefly question him over the phone 17 or right before his testimony, we could try to do 18 that. 19 Mr. Davies: Tom, I don't agree to those 20 terms. 21 Mr. Crumplar: I 'm not asking you to agree to 22 those terms. I'm just making that offer. 23 Mr. Davies: I don't want my attempting to 24 interrogate him about the reports to be deemed a 25 waiver of a right to question him further once I've 1 Dr. 2 3 4 5 6 7 8 9 10 Q. 11 12 13 14 A. 15 16 17 18 19 20 21 Q. 22 A. 23 A. 24 25 Dement Page 59 had an opportunity to analyze them and to consult with my experts about them. Mr. Crumplar: That's fine. Mr. Davies: If you want to tell me today that he isn't going to testify that he did any testing, then I won't bother to ask him any questions about it. Doctor, are you aware of any medical literature which would support the proposition that one can suffer an asbestos-related disease from exposure to welding rods alone? Well, I think the earlier reports by Doig, D-o-i-g, and McLauglin, talking about x-rays and the possible contribution of asbestos from fluxes probably is the only epidemiologic study that is capable or has tried to separate them off, asbestos exposure from the rods versus other asbestos exposures. Which Doig article is that? That's the one that's listed, number 20. Do you recall whether that article provides any information about the environments in which the welders who were the subject of the study worked? 1 Dr. 2 3 A. 4 5 6 7 8 9 10 Q. 11 12 13 A. 14 15 16 17 Q. 18 19 Dement Page 60 It's actually sort of a case. That article is a case series I would call it, and it describes the welders with x-ray appearance of disease, and it does go into a description of their environments, and I can't off the top of my head tell you every environment they worked in, but it does describe them. Do you recall whether of those environments involved exposure to asbestos other than from the welding rods? I don't know that they can 100 percent exclude it although they're discussion in this article didn't point to other sources asbeing at least important in their review. Have you testified at deposition or trial in any other case regardingrelease of asbestos from welding rods? 1 Dr. 2 3 Q. 4 5 A. 6 Q. 7 A. 8 9 10 11 A. 12 13 Q. 14 15 16 17 18 19 20 21 22 23 24 A. 25 Dement Page 61 You have reviewed the answer to the interrogatory regarding your testimony I take it? The answer to the interrogatory? Yes. My affidavit is what I have reviewed. Mr. Crumplar: He's looked at the -- Mr. Davies: Why don't you let him answer the question. If you'll show me what it is, I can tell you if I've look at it. Doctor, let me give you what is titled "Plaintiffs Represented by Jacobs and Crumplar Supplemental Answers to Interrogatories Directed to All Plaintiffs by All Defendants." In particular, this is the interrogatory 76 and the answer. Take a moment to look at that, please. Mr. Crumplar: Let me see that. Let me just note this is the supplemental of his earlier interrogatory which is also included which goes over his general testimony. It doesn't replace that. I honestly can't say whether I've seen this or just simply discussed it. I amaware of that. 1 Dr. 2 3 Q. 4 5 6 7 8 A. 9 Q. 10 11 12 A. 13 Q. 14 A. 15 16 17 Q. 18 19 A. 20 21 22 Q. 23 24 25 Dement Page 62 Why don't you just hang on to that for a second, Doctor. If I understand you correct, you don't know whether you have seen this particular document prior to my handing it to you a moment ago, is that right? Or simply discussed it over the telephone. Let me ask you again. Have you seen this document before I just handed it to you? Mr. Crumplar: Asked and answered. 1 can't tell you that I have or haven't. Thank you. I'm aware of its existence, but I can't tell you whether or not it was simply over the telephone or seeing the document. Do you consider yourself to be an expert in the area of biostatistics? I'm not a biostatistician, but I 'm an epidemiologist, and that's an area that we spend a fair amount of time in. I guess what I'm trying to find out, Doctor, is whether the answer to subparagraph A is accurate or not? It says, "Dr. John Dement is an expert in epidemiology and industrial hygiene as well as_____ 1 Dr. 2 3 4 5 A. 6 7 8 9 Q. 10 11 A. 12 13 Q. 14 15 16 17 18 19 20 21 Dement Page 63 biostatistics." Are you an expert in biostatistics or aren't you? I'm not a biostatistician. I'm an epidemiologist, and biostatistics is an integral part of epidemiology. I don't know that I would separate it unnecessarily. So you do consider yourself to be an expert in the area? I am not calling myself a biostatistician. I am an epidemiologist first and biostatistics. In the middle of subparagraph B there, the statement is made that -- this is a quote -- "The substance of his," meaning your, "opinion concerning -- I'm sorry -- "the substance of his opinion is that asbestos-containing welding rod with asbestos-containing flux- when new or used will, because of release of fibers from the flux due to chipping, breaking, crumbling, and friability, give off respirable and breathable COURT REPORTING SERVICES (919) 832-4114 PAGE 10 PAGESAVER____________________ Deposition of John Dement 1/03/96 22 fibers and particles of asbestos." 24 A. It can be. Yes. 23 24 A. Now do you stand by that statement as read? I think it s consistent with the affidavit. Yes. 25 Q. Let me go back to the question I asked just a few 25 Q. Can you describe for me, please, what typical 1 Dr. Dement Page 67 2 1 Dr. Dement Page 64 3 minutes ago and I don't think was answered. Can 2 4 you think of any occasion when a welder might rub 3 welding practices you're aware of that would cause 5 two rods together for some reason? 4 the chipping, breaking, crumbling, and friability 6 A. Not intentionally, but again, the process of 5 of the flux? 7 rubbing rods together is to try to observe whether 6 A. Well, abrasion of rods themselves together as they 8 or not materials can be released doing some of the 7 are received as the testimony of the workers 9 other processes I've mentioned today in the 8 themselves indicates that there's an amount of 10 deposition. 9 debris in the bottom which is considered to be from 10 the flux, and that's consistent with my 11 Q. 12 Is that something you would expect a typical welder to do? 11 observations of other types of asbestos products 13 A. No. But they'll thrown them on the floor, and 12 that are so-called bound. You see that, for 14 they'll be stepped on, and they'll be abraded, and 13 example, with brake lines and other materials. 14 Welding itself, in my opinion and 1 think it's 15 in the affidavit, the temperatures at the point of 15 16 Q. 17 materials will be released. If you turn over to the second page of this interrogatory answer right at the end of paragraph 16 weld are sufficient to destroy asbestos fibers. 17 Like brake lining temperatures and processes. 18 that's not 100 percent. 18 8, the statement is made, "He," meaning you, "also 19 relies on the depositions of defense experts 20 concerning the fracturing of the flux in creation 19 With regard to used rods -- First of all, in 20 order to weld at different angles, the rods were 21 of particles of at least 25 microns in particular 22 Mr. Peterson and Mr. Eager." 21 bent and materials crumble and break off. Used 23 A. Yeah. 22 rods, as has been my observation having seen and 23 done welding, that one of the things that happens 24 with used rods is they are thrown on the floor and 24 Q. 25 A. Can you tell me what that means? To me all it means is when a flux is fractured, 25 trampled on, and if you look at a used rod, 1 Dr. Dement Page 68 2 1 Dr. Dement Page 65 3 particles as small as, or maybe even smaller, 25 2 4 microns are produced. 3 typically y o u 'll find that there's places where 4 it's broken. The material is chipped away. 5 Q. 6 A. Do you subscribe to that general statement? I think it's in a deposition. It's just a fact 5 It's also my opinion that when a rod is heated 7 stated in a deposition. 6 during the welding process that some of the binder 7 material away from the point of the weld also 8 Q. 9 A. Do you agree with it or don't you? No. Actually, I think, based on some of my own 8 degrades because of temperature which causes 10 work and some of the concerns the Naval shipyard 9 increased friability. 11 had and bonds have had, I think you can actually 10 Q. Can you think of any other typical, ordinary 12 create particles that are smaller and much more 11 welding activity that would cause the breaking and 13 respirable. 12 13 14 A. chipping and crumbling that has been described in this interrogatory? I think it's pretty inclusive. 14 Q. 15 A. 16 How much sma1ler? Down to and including particles that are less than a micron. 15 016 Did you, during that period of time when you were welding, ever have occasion to bend a rod? 17 Q. 18 Doctor, as I understand it, you started employment with the EPA in 1969, is that correct? 17 A. Uh-huh (yes). I sure did. 19 A. Yes, sir. 18 0. For what purpose? 20 Q. Then you worked for a number of years with NI0SH? 19 A. For welding within the center of a beam that was in 21 A. Yes. 20 the middle which I couldn't get to without bending 21 the rod. 22 Q. 23 And then with the Office of Occupational Health and Environmental Services? 22 Q. Does bending the rod in any way affect the ability 24 A. They changed names. I think it was called 23 of the rod to complete the weld? 25 Technical Services at first, and then it changed 24 A. Not unless you break the flux away at the point 5 that you have use. 1 Dr. Dement Page 69 2 1 Dr. Dement Page 66 3 names a few times, but yes, same program. 2 4 0. Do you still work for that organization? 3 Q. 4 Can you think of any activity in which a welder might be engaged where he would have occasion to 5 A. 6 No. I spent about -a little over 21 years with the U.S. Public Health Service during my days with 5 rub two rods together? 7 NI0SH and NIEHS as it's called, and I retired from 6 A. The process of shipping the rods together rubs them 8 the Public Health Service in December of 1992. 7 together. The process of rubbing the rods together 8 to me is -- and you'll see in experiments that we 9 Q. 10 During any of the time that you worked for the Public Health Service, did you conduct any studies 9 did -- was done more or less to see whether or not 10 some material could be abraded off. If you toss 11 12 A. having to do with welding? Not a study that was specific to welding. NI0SH 11 them on the floor -- If you ever walk around the 13 had, of course, interest in welding and was in the 12 13 14 Q. shop of a welding shop, you'll see rods all over the floor. Is that good industrial hygiene practice? 14 process of trying to pull together information for 15 its criteria document, but when we were doing 16 industrial hygiene studies at a particular facility 15 A. Nobody said it was good practice, but it's typical 17 if we ran across welding, we might, in fact, do 16 practice. 18 some sampling to evaluate exposures of welders as 17 Q. So it's not good practice, is that right? 19 more or less trying to be comprehensive. 18 A. It would not be a practice I would condone, but 20 Q. Did you do that is my question? 19 it's a practice that welders have done For years 20 mainly because of the volume of material they 21 typically might weld. 21 A. 22 Q. 23 A. Yeah. Not N10SH. Did you do it? No. I have sampled for welding fume. Yes. 22 0. 23 Dangerous to have them there, isn't it, if you step on them? 24 Q. 25 A. What were you looking for when you sampled? At the time, the welding fume was welding fume COURT REPORTING" SERVICES (919) 832-4114 ... " PAGE 11 PAGESAVER Depositio n of John Dement 1/03/96____________________ 1 Dr. Dement Page 70 3 if it's for an affidavit, how many times I called 2 3 looking for primarily and then on a number of 4 occasions -- One study we were looking at, just 5 looking at, the welding fume for iron oxides, and 4 5 Q. 6 7 people. (By Mr. Davies) Doctor, can you point to any studies or publications which in your view show that welders are at an increased risk for 6 another, I think we might have analyzed for a broad 7 spectrum of metals including some nickels and 8 contracting asbestos-related diseases as a result 9 of having used asbestos-containing welding rods? 8 chromiums. 10 A. All the studies we went through today. -The 9 Q. 10 11 A. 12 Q. 13 14 15 A. 16 Q. 17 A. 18 Q. 19 20 A. 21 Q. 22 23 Did you publish anything as a result of those studies? Not as a separate publication. I note from your CV that there are, I think, 45 publications in which you have participated. Maybe there are more thanthat. Yeah. I hope so. Yeah. There are a few more. How many are there on your current CV? Fifty-something I believe. May I see that one. Doctor? That must be more current than -What's the date of yours? 1 don'tknow. I 'll have some copies of this made, Doctor. I don't believe that I have this particular CV. This says it was prepared in July 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q. 25 problem, as I've mentioned, is that most cohorts of welders, in addition to exposure from the welding rods, have other sources of asbestos exposure, so separating them off is difficult. The one study that I mentioned to you, and I think you will be making a copy of it, after trying to control for other exposures in the analysis of other data, I still find an increased risk of respiratory cancer among welders which they at least suggest that asbestos from the coatings may play a part, but other than that. Numbers of studies found mesotheliomas among welders, but again, it's the same issue of multiple exposures. Are you in a position to say in terms of degree what contribution the exposure from the rods 24 of 1995, correct? 25 A. Yes. 1 Dr. Dement Page 74 2 1 Dr. Dement Page 71 3 themselves plays in any given case? 2 3 Q. 4 Of the publications which appear in this CV, are any of them related to welding and welders? 4 Mr. Crumplar: Are you talking about in terms 5 of percentage, 5 percent, 50 percent, that type of 6 thing? 5 A. Not by themselves. As I said, some of the cohorts 7 Mr. Davies: Any way the doctor can quantify. 6 that were studied included some maintenance and 8 Mr. Crumplar: Let me just say that -- 7 craftworkers that did some welding but not as a 8 study of welding by itself. 9 Mr. Davies: Do you have an objection? 10 Mr. Crumplar: Yeah. Because it's really 9 Q. I take it then that none of them deal with the 11 beyond the scope of how we will use the doctor and 10 11 A. question of asbestos exposure to welders? No. 12 how w e 're restricted to use the doctor. He does 13 not testify as to medical causation in an 12 Q. No. They don't? 13 A. No. They don't. 14 individual case. I mean you can go ahead and ask 15 him. 14- Q . 15 Have you generated any type of report regarding what your testimony will be or what your 16 Mr. Davies: And won't be in these cases? 17 Mr. Crumplar: He will not testify on medical 16 conclusions are for the Jacobs and Crumplar firm 18 causation in these cases. That's correct. 17 other than the affidavit that we've been talking 19 Q. Can you answer the question, Doctor, even though 18 about? 20 you aren't an M.D.? 19 A. No, sir. I have not. 21 A. It has to do with risk assessment and ability to 20 Q. Have you provided anything to that firm other than 22 recreate a person's lifetime exposure, and I think 21 the affidavit and the list of welding publications? 23 you have to take each individual by themselves. 22 A. No. I guess by way of the deposition today, I 'll 24 Generally, it's been my experience that it's almost 23 be providing this report, but it was not provided 25 impossible to recreate that exposure with enough 24 to them until today. 25 Mr. Crumplar: You're getting it at the same 1 Dr. Dement Page 75 2 1 Dr Dement 2 Page 72 3 confidence to make apercentage attribution. All 4 you can say is that yeah. These were the sources 3 time I am. You're getting the copy at the same 4 time I am. 5 of exposure. Based on what we know about exposure 6 response, they contributed, but to give a 5 Mr. Davies: To the extent that you are 7 percentage, I think, in most cases, you're sort of 6 suggesting that we are both prejudiced, I 7 respectfully disagree. 8 9 Q. fooling yourself. Is it fair to take the next step and say that to 8 Mr. Crumplar: I would have been delighted to 9 have this earlier. 10 Mr. Davies: As would I. 11 Mr. Crumplar: It was beyond my control. 10 11 12 A. 13 try to ascribe some word, some adjective, to the word contributing would also be fooling oneself? To go beyond the issue of saying they contributed to the risk of disease, that's all I really think. 12 Mr. Davies: Certainly beyond mine. 14 Q. That's fair enough. Thank you. 13 Mr. Crumplar: It was in the hands of Ness, 14 Motley. I didn't even know there was a report. 15 Mr. Davies: You're not retracting the 16 statement you made to me that you were trying to 17 get authority to release it for three weeks, are 18 you? 19 Mr. Crumplar: I didn't know there was a 20 report. I was trying to get authority that he 21 could talk about his testing. I had known he had 22 done testing. 23 Mr. Davies: I don't want to take your 15 16 17 18 19 Q. 20 21 22 A. 23 Q. 24 25 Mr. Davies: Off the record for a second. (Thereupon, there was a short recess.) (Thereupon, Defendant's Exhibit Nos. 1 and 2 were marked for identification.) Dr. Dement, we have marked as Exhibits Nos. 1 and 2 what I understand to be reports on testing that you provided to me this morning, is that correct? Yes, sir. These are the reports that were given. Exhibit No. 1 consists of approximately 16 pages, and Exhibit No. 2 is approximately 50 pages. I have indicated to Mr. Crumplar that it is 24 deposition time. 25 Mr. Crumplar: 1 Dr. Dement 2 You asked me the question. Now Page 73 1 Dr. Dement '' Page 76 2 3 impossible with my limited expertise and abilities 4 to try to intelligently cross examine you regarding COURT REPORTING SERVICES (919) 832-4114 PAGE 12 PAGESAVER Deposition of J o hn Dement 1/03/96____________________ 5 these reports without the opportunity to analyze 7 some sort available from which printscould be 6 them and have them analyzed. 7 I do have just a couple of questions about 8 made? 9 A. There are likely exist at thelaboratory for 8 them to be sure that I understand what they are. 9 Exhibit No. 1 -- that's the shorter of the reports 10 transmission electron microscopy usually generate a 11 glass plate which is then used to produce a 10 -- indicates that dust was apparently collected 12 micrograph, so there probably are at least glass 11 from the bottom of a chamber and analyzed using 13 plates or something similar. 12 transmission electron microscopy, is that right? 14 Mr. Crumplar: Let me just say if you want 13 A. Yes, sir. That's correct. 15 such things, write me a letter, and I'll try to -- 14 Q. Could you tell me just generally what was done in 16 I can't give any because I don't have them. I have 15 the other test that is represented by Exhibit No. 17 exactly what you have, but I can at least use my 16 2? 18 best efforts to try to get it for you. 17 A. Yeah. Exhibit No. 2 was to take one asbestos- 19 Mr. Davies: I appreciate that. 18 containing new rod that is unused, one nonasbestos, 20 Q. Doctor, I don't have any other questions for you. 19 set of nonasbestos rods, and one rod, set of rods, 21 Mr. Davies: I do want to put on the record 20 that had been used, that had been welded with but 22 what I indicated to Mr. Crumplar just a few minutes 21 still had lots of remaining flux. They were tested 23 ago off the record and that is that it is my 22 within an enclosed chamber which is described in 24 intention to file at the earliest possible time 23 the report. They were bumped and rubbed together 25 with the court a motion to preclude Dr. Dement from 24 to see if they would, in fact, liberate fibers. 25 Samples were collected in the chamber and analyzed 1 Dr. Dement Page 80 2 1 Dr. Dement 2 Page 77 3 testifying regarding the fact that he has done 4 testing or what the results of the testing might be 3 by transmission electron microscopy,and results 5 or, in the alternative, to postpone the trial of 4 are in the report. 6 the Przybylski case until such time as we have had 5 Q. The only thing I 'm trying to find out at this 7 a fair opportunity to analyze the test data that 6 juncture about the report is whether that test 8 was given to me this morning. 7 involved samples of residue or whether it involved 9 Mr. Crumplar: Let me just say that I 8 air sampling. 10 understand Mr. Davies' position. Ithink he would 9 A. It was air sampling. We alsocollected -- 11 have the time today to question the doctor at 10 Materials collected in the bottom of the chamber 12 greater length on these reports and still perhaps 11 particularly with the used rod. As they're bumped 13 reserving the ability to do a brief follow-up 12 and abraded, some materials actually fell to the 14 deposition, but I understand. I just don't want 13 floor of the chamber, visible material. That was 15 the record to show that I am agreeing with the 14 then collected, and the vast results were presented 16 choice that he's presented. 15 in the analyses and actually what's called report 17 Mr. Davies: 1 understand your position. You 16 17 Q. one, so report two actually preceded report one. Just so I am clear, and this is about as far into 18 attribute to me far greater technical skills than 1 19 have. 18 these reports as I'm prepared to go, the report 19 which is later in time is a residue test. The 20 Witness: Can 1 make one statement to the 21 record? I didn't deliberately withhold information 20 report which is earlier in time is an air test 22 to the court or to this record. This study was 21 which also included gathering of residue from 23 done as part of a consulting arrangement. It was 22 burned rods? 24 confidential. I was not in a position of releasing 23 A. 24 Q. That's correct. Which then became a part of the report which is 25 this information until I was told I could do so. 25 later in time? 1 Dr Dement . Page 81 2 1 Dr. Dement 2 3 A. That's correct. Page 78 The same experiment generated both 3 Mr. Davies: Doctor, if I have done or said 4 anything to suggest that I felt that way, 1 did not 5 mean to. I understand your position in this thing, 4 the airborne sampling and the residue that was 6 and I in no way was suggesting or accusing you of 5 6 7 Q. looked at, and what is called report one now is actually later in time. I did note in the time that I had to try to get 8 7 any wrongdoing whatsoever with respect to the release of these reports. 9 (Thereupon, the witness was dismissed.) 8 through this that there are on the second from the 10 9 last page of Exhibit No. 2 photocopies of what 10 appear to be photomicrographs? Dr. Dement Page 82 11 A. That's correct. W I T N E S S ' S I G N A T U R E PAGE 12 013 Are there prints of those photomicrographs available? 1 have read the foregoing pages, numbered 6 through 81 inclusive, which contain a correct 14 A. I ca n't tell you. Probably if they were, they were transcription of answers made by me to the 15 sent with the original report that went to Ness, questions therein recorded, with the except.ion(s) 16 Motley. and/or addition(s) reflected on the correction 17 Q. Are they your photomicrographs? sheet attached hereto, if any. 18 A. No. These were done by the laboratory that did the Signed this the day of 19 20 Q. 21 A. 22 23 Q. analysis of the samples. Where is that laboratory located? It's indicated. It's Materials Analytical Services. Where are they if you know? 1996. STATE 0E: COUNTY OF: JOHN DEMENT, PH.D. ******************* 24 A. 25 I'm trying to find their letterhead. They have two Subscribed and sworn to before me this the day of , 1996. NOTARY PUBLIC 1 Dr. Dement Page 79 My commission expires: (SEAL) 2 3 offices. They were in the Norcross, Georgia, Dr. Dement Page 83 4 office. STATE OF NORTH CAROLINA 5 Q. Do you know enough about the photomicrographic COUNTY OF LEE 6 process to know whether there might be negatives of CERTIFICATE COURT REPORTING SERVICES (919) 832-4114 PAGE 13 PAGESAVER Depos i t i o n of John Dement 1/03/96_______ I, KIMBERLY A. PETRARCA, Notary Public/Court ** NOTES ** Reporter, do hereby certify that JOHN DEMENT'S, PH.0,, said deposition was taken and transcribed under my supervision; and that the foregoing pages numbered 6 through 81 constitute a true and accurate transcript of the testimony of the witness. I do further certify that I am not of counsel for, or in the employment of either of the parties to this action, nor am I interested in the results of this action. IN WITNESS WHEREOF, I have hereunto subscribed by name this 7th day of January, 1996. Kimberly A. Petrarca, CVR NOTARY PUBLIC FOR THE STATE OF NORTH CAROLINA MY COMMISSION EXPIRES: MARCH 13, 1998 ** NOTES ** COURT REPORTING SERVICES (919) 832-4114 PAGE 14 PAGESAVER TM PAGESAVER KEYWORD INDEX - SINGLE FILE INDEX In Re: Asbestos Litigation Moore Trial Group Limi t e d to: S. Przybylski Elam Trial Group ] Limited to: V. August Deposition of John Dement D A T E ( s ) : Jan u a r y 3, 1996 COMMENTS : NOTES: PAGESAVER TM ABOUT AFTER ALL ALREADY ALSO AM AN AND . ANOTHER ANSWER ANY ANYTHING ARE AS AT B B BE BECAUSE BEEN BEFORE BUT BY C C CAN CAN'T CORRECT COULD D D DEPOSITION DID DIDN'T DO DOES DOESN'T DON 'T E E ELSE F F FAR FOR FROM G G GET GO GOING GOT H H HAD HADN 'T HAS NOISE WORD LISTING - THESE WORDS HAVE BEEN OM HAVE H A V E N 'T HE HE'S HER HERE HERS HIM HIS HOW I'D I'M I'VE B IF IN IS ISN'T IT IT'LL IT'S ITS C JUST K K KNOW D L L LET LIKE LOT M M MADE E MAKE MANY MAY MAYBE F ME MEAN MISS MR MRS MS G MUCH MUST MY N N NEED H NO NOPE NOT NOW 0 O OF OFF OK OKAY ON OR OTHER OUR OUT OVER PERHAPS PM PUT Q Q QUESTION R RIGHT K SAID SAY SHE SHOULD L SO SOME SOMEPLACE SOMETHING M THAT T H A T 'S THATS THE THEIR THEM THEN THERE THEREFORE THESE THEY THINK THIS THOSE TO TOO N U U US V V VERY ALL SINGLE LETTER WORDS HAVE ALSO BEEN OMITTED FROM THE EN PAGESAVER TM Deposition of John Dement 1/3/96 " A LS O(1)[67,18] " C A N C E R (1)[25,22] "DR(1)[62,24] "HE,"(1)[67,18] " L U N G (1)[29,4] " M I N I M U M (1)[28,18] " O P I N I O N (1)[63,15] " P L 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(1)[76,3] AB IL IT Y(4)[51,18][6 21][80,13] A B L E (1)[30,24] A B R A D E D (3)[66,10][6 12] A B R A S I O N (1)[64,6] A B S O L U T E L Y (1)[58,7] A B S T R A C T S (1)[22,6] A C C U R A T E (1)[62,23] A C C U S I N G (1)[81,6] A C E T Y L E N E (1)[44,4] A C K N O W L E D G E S (1)[28, A C R O S S (1)[69,17] A C T ( l ) [49,10] A C T I O N (3)[51,22][52 V] A C T I V I T I E S (1)[30,9] A C T I V I T Y (2)[65,11][ A C T U A L (4)[23,19][31 [45,11] A C T U A L L Y (15)[17,14] 7,24][27,7][47,15: 8,13] [48,24][60,3] ,11][77,12][77,15] 8 ,6 ] A D D (2)[24,21][42,7] A D D E D (1)[42,10] A D D I T I O N (2)[38/10][ A D D I T I O N A L (2)[7,9][ A D D R E S S (1)[42,11] A D H E R E (1)[51,19] A D J E C T I V E (1)[75,10] A D J U N C T (3)[15,23][1 COURT REPORTING SERVICES (919) 832-4114 PAGESAVER TM Deposition of John Dement 1/3/96 APPRECIATE(2)[25,18][79,19] ASBESTOS."(1)[63,22] A P P R O P R I A T E (1) [3 3,12] A S C R I B E (1)[75,10] APPROXIMATELY(2)[75,23][75,2 ASIDE(l)[31,16] 4] A S K (11)[9,21][11,7][22,20][2 ARC(4)[25,22][45,4][48,6][48 6,13][40,22][56,16][57,11] [ ,11] 57.14] [59,8][62,9][74,14] A R C ."(1)[48,4] A S K E D (6)[35,9][35,17][36,4][ ARCHIVES(1)[21,23] 62,11][66,25][72,25] AREA(8U 14,25][15,8][15,14][ ASKING(2)[10,10][58,21] 19,14 ]'[19,15] [62,18] [62,20] A S P E C T (1)[47,14] [63.10] ASPECTS(4)[18,11][20,23][45, A R E A S (1)[14,23] 11][45,21] AREN'T(4)[7,10][28,10][63,4] ASSESSMENT(1)[74,21] [74,20] ASSESSMENTS(1)[30,18] A R O U N D (3) [48,17][52,23] [66,1 A S S I S T A N T (1)[16,8] 1] A S S O C I A T E (4) [15,20][15,23] [1 ARRANGEMENT(3)[37,7][38,9][8 6,6][16,9] 0,23] A S S O C I A T E D (1)[12,5] A R R I V E D (1)[11,20] ASSUME(3)[36,6][40,6][49,22] A R T (1)[28,23] A S S U M I N G (1)[43,16] A R T I C L E (28) [21,15] [22,4] [22, A T F I L L (1)[25,19] 6] [22,7] [25,19] [25,21] [25,2 A T T A C H E D ( 3)[12,15][24,14][56 3] [26,9] [26,22] [27,10] [27,1 ,15] 2][27,14][27,18][27,21] [28, A T T A C H M E N T S (1)[12,18] 23][29,4][29,6][29,11] [29,1 A TT E M P T (1)[11,6] 2][34,5][34,8][34,8][47,16] ATTEMPTING(1)[58,23] [56,5][59,21][59,23][60,3][ ATTESTING(1)[9,10] 60.14] A T T O R N E Y (1)[11,16] A R T I C L E S (38) [7,7][7,9][7,10] A T T O R N E Y S ( 3)[8,15][8,23][32, [21,8][21,8][23,3][23,22] [2 13] 3,25][24,10][24,11][24,21][ ATTRIBUTE(1)[80,18] 24.23] [25,5][25,8][26,7][26 ATTRIBUTION(1)[75,3] ,23][27,3][27,4][28,9][29,2 AUGUST(5)[12,17][12,17][53,2 2][31,19][31,24][32,3] [32,5 2][54,7][55,9] [32,23][33,10][33,14][33,19 AUGUST'S(l)[36,3] [33,22][41,24][42,7][46,5][ AUTHORITY(2)[72,17][72,20] 47.15] [47,17][49,17][53,18] AVAILABLE(7)[10,15][53,13][5 [55,19][55,24] 3.14] [54,24][57,10][78,13][ A S B E S T O S (83)[10,23][19,16][2 79,7] 3,20][24,7][25,9][26,3][26, A W A R E (2 0) [7,21] [7,25] [9,19] [ 4 ] [26,7][26,11][26,12][26,1 10,4] [10,11] [20,10] [22,11] [ 5 ] [26,19][27,10][27,11][27, 34.14] [38,9] [39,18] [41,12] [ 13][27,17][27,19][27,21][28 49,21][50,24][50,24][55,16] ,3][28,6][28,16][28,16][28, [57,17][59,10][61,25][62,14 2 1 ] [28,22][29,3][29,9][29,1 [64,3] 1][29,15][29,18][30,24][31, AWAY(3)[65,4][65,7][65,24] 4][31,10][33,19][36,18][36, AWHILE(2)[35,3][43,21] 2 2 ] [36,25][37,5][37,8][38,6 A W S (3) [29,25] [42,19] [42,23] [38.10] [39,5][39,8][40,17][ 40.24] [41,9][41,16][41,19][ B B B 41,21][42,12][42,15][47,18] [48,3][48,7][48,14][48,16][ BACK(6)[6,9][16,3][23,7][23, 49,8][49,11] [49,18] [49,24] [ 7] [38,3][66,25] 50,3][50,16][51,8][51,25] [5 B A S E (4)[8,7][21,12][41,14][5 2,6][52,6][52,10][52,14][52 7,7] ,18][52,19][52,20][55,17][5 BASED(8)[8,10][22,5][56,12][ 5,22][56,11][59,16][59,18][ 56,13][57,9][57,19][68,9][7 59,19][60,11][60,18][64,11] 5 , 5 ] [64.16] [71,10][73,13][73,20 BASES(1)[9,4] ASBESTOS-(1)[76,17] BASICALLY(2)[41,24][47,9] ASBESTOS-CONTAINING(4)[53,11 BASIS(10)[10,25 [ 1 8 , 1 9 ] [ 2 0 , 1 [63.17] [63,18][73,9] 8 ] [ 2 0 , 2 0 ] [ 2 1 , 5 [21,11][32,2 ASBESTOS-RELATED(3)[19,16][5 4][56,7][56,10 [56,14] 9,12][73,8] B E A M (1)[65,19] B E A M S (2) [44,9] [44,1 B E C A M E (2)[7,21][77, B E C K E R (1)[25,21] B E G I N N I N G (1)[40,3] B E I N G (5)[9,3][34,15 55,12][60,15] B E L I E V E (4)[26,14][3 17][70,22] B E L L ( l ) [26,9] B E N D (1)[65,16] B E N D I N G (2)[65,20][6 B E N T (1)[64,21] B E S I D E S (3)[15,14][3 20] B E S T (3)[25,17][35,1 B E T W E E N (2)[27,23][4 B E Y O N D (6) [49,23][57 [72,12][74,11][75, B I G G E R (1)[44,7] B I N D (1)[51,8] B I N D E R (3)[26,20][51 B I N D I N G (1)[50,17] B I O S T A T I S T I C I A N (3)[ ,5][63,11] B I O S T A T I S T I C S (4)[62 [63.6] [63,12] B I O S T A T I S T I C S . " (1) [ B I T (2)[46,17][47,17 BOA R D (1)[18,21] B O D Y (1)[34,4] B O N D (2)[51,10][51,1 BON D S (1)[68,11] B O N S I B (1)[27,7] B O T H (5)[31,10][44,4 72,6][78,3] B O T H E R (1)[59,8] B O T T O M (3)[64,9][76, B O U N D (2)[29,17][64, B O Y (1)[19,21] B R A K E (2)[64,13][64, B R A N D (1)[55,15] B R A N D S (1)[55,14] B R E A K (2)[64,21][65, B R E A K I N G (3)[63,20][ 11] B R E A T H A B L E (1)[63,21 BR I E F (1)[80,13] B R I E F E R (1)[9,8] B R I E F L Y (3)[12,8][36 6] B R I N G (1)[7)23] BRO A D (1)[70,6] B R O A D E R (1)[21,12] B R O K E N (1)[65,4] B R O T H E R (2)[54,14][5 B R O U G H T (9)[7,8][11, [12.7] [22,21][23,2 [33,19][37,11] B U I L D I N G (1)[44,11] B U M P E D (2)[76,23][77 B U R N E D (2)[37,22][77 COURT REPORTING SERVICES (919) 832-4114 PAGESAVER TM Deposition of John Dement 1/3/96 20][25,23][25,25][27,8][27, 11] [27,13][28,6][28,8][28,2 1][28,24][47,18] COATING(10)[24,7][25,10][28, 25][42,15][49,9][49,19][49, 24][50,5][50,16][53,7] COATINGS(6)[33,11][42,6][42, 12] [46,19][56,5][73,20] C O H O R T (1)[17,24] COHORTS(2)[71,5][73,11] COLLECTED(8)[23,6][27,15][32 ,4][76,10][76,25][77,9][77, 10][77,14] COLLEGE(1)[44,3] COMBINED(1)[14,13] C O M E (1)[47,5] C O M E S (1)[6,24] C O M M I S S I O N (1)[28,20] C O M M I T M E N T (1)[17,19] COMMUNITY(1)[15,21] COMPANY(5)[9,11][36,17][40,2 4][50,14][50,15] COMPLETE(8)[13,5][13,10][13, 13] [13,15][14,7][48,8][48,1 8][65,23] C O M P O N E N T (1)[24,3] COMPREHENSIVE(1)[69,19] CONCENTRATIONS(1)[26,12] CONCEPT(2)[51,15][51,22] CONCERNING(2)[63,16][67,20] C O N C E R N S (1)[68,10] C O N C L U D E (1)[31,14] C O N C L U D E D (1)[9,20] CONCLUSION(1)[41,23] CONCLUSIONS(1)[71,16] CONDITION(2)[35,25][36,3] C O N D O N E (1)[66,18] C O N D U C T (1)[69,10] C O N D U C T E D (1)[37,12] CONFIDENCE(1)[75,3] C O N F I D E N T (1)[58,12] CONFIDENTIAL(2)[57,16][80,24 C O N F I D E N T I A L I T Y (2 ) [8,3 ] [8,19 CONFIRM(1)[57,9] CONFIRMATION(1)[57,4] C O N F I R M E D (1)[56,24] C O N J U N C T I O N (1)[12,6] CONSIDER(10)[19,8][19,13][19 ,15][20,19][45,6][45,9][45, 14] [45,23][62,17][63,9] C O N S I D E R E D (1)[64,9] CONSISTENT(2)[63,24][64,10] C O N S I S T S (1)[75,23] CONSTITUENTS(2)[47,10][50,19 CONSULT(2)[34,20][59,3] CONSULTING(7)[8,16][37,4][37 ,6][38,8][39,14][40,20][80, 23] C O N T A I N E D (13 [36,17][36,22] [ 36,24][37,8 [38,6][38,10][3 9,5][40,24] 41,9][41,19][41 , 2 1 ] [ 4 2 , 1 5 : 55,6] C O N T A I N I N G (2 [37,5][76,18] CONTENT(2)[40,17][41,17] CONTENTS(3)[21,7][22,5][23,1 1] C O N T I N U E D (1)[52,6] C O N T R A C T (1)[28,19] C O N T R A C T I N G (1) [7 3,8] CONTRIBUTED(2)[75,6][75,12] CONTRIBUTING(1)[75,11] CONTRIBUTION(2)[59,16][73,25 CONTROL(5)[9,14][17,25][29,6 [72.11] [73,16] C O N V E Y E D (1)[8,25] C O P I E D (1)[47,16] COPIES(2)[31,15][70,21] COPY(4)[7,6][7,8][72,3][73,1 6] C O R R E C T L Y (1)[17,5] COULDN'T(4)[45,5][49,12][54, 8][65,20] COUNSEL.)(2)[24,18][29,23] COUPLE(3)[14,8][44,3][76,7] COURSE(16)[16,17][16,21][16, 23][16,23][17,3][17,6][17,1 2] [17,14][17,15][17,19][17, 22][19,17][44,25][51,9][52, 3 ] [69,13] C O U R S E S (1)[16,16] COURT(3)[10,4][79,25][80,22] C O V E R (2)[6,10][47,8] COVERED(4)[6,17][6,20][6,25] [17,4] C R A F T W O R K E R S (1)[71,7] CRAIGHEAD(3)[8,20][9,10][9,1 4] C R E A T E (1)[68,12] C R E A T E D (1)[51,10] C R E A T I O N (1)[67,20] CRITERIA(2)[28,5][69,15] C R O S S (1)[76,4] C R U M B L E (1)[64,21] CRUMBLING(3)[63,20][64,4][65 , 12] C R U M P L A R (13) [9,9] [11,18] [11, 25][12,5][32,14][32,18][34, 19][37,3][57,14][61,14][71, 16][75,25][79,22] CRUMPLAR:(47)[6,8][9,12][9,2 4][12,14][12,25][13,7][13,1 0][13,13][13,21][14,6][20,3 [24,13][24,19][27,22] [27,25 [30.11] [34,3][34,24][37,18] [39,16][39,23][40,8][43,6][ 43,16][43,19][45,16][50,5][ 56,20][57,15][58,9][58,21][ 59,5][61,8][61,19][62,11][7 1,25][72,8][72,11][72,13][7 2,19][72,25][74,4][74,8][74 ,10][74,17][79,14][80,9] CURRENT(4)[21,7][22,5][70,16 [70,19] C U R R E N T L Y (1)[18,20] C U R R I C U L U M (1)[14,9] C V (6)[7,6][14,15][70,12][70, 16][70,23][71,3] D D D - O - I - G (2)[27,10][5 D A I L Y (1)[19,6] D A N G E R O U S (1)[66,22] D A T A (3)[50,6][73,17 D A T E (4)[30,13][32,2 [70.20] DA T E D (4)[12,13][12, [32.21] D A V I E S (8)[6,12][6,2 7,16][7,22][10,12] 9,25] D A V I E S ' (1)[80,10] D A V I E S ) (1)[73,5] D A V I E S : (25)[9,8][9, [14,3][40,4][40,12 7,24][58,19][58,23 1,9][72,5][72,10][ ,15][72,23][74,7][ 16][75,15][79,19][ ,17][81,3] D A Y S (2)[10,3][69,6] D E A L (11)[9,5][17,18 5,11][26,3][26,23] 2,5][33,20][47,18] D E A L I N G (4)[6,22][20 [55,16] DEA L S (1)[47,20] D E A L T (2)[24,6][35,1 D E B A T E (1)[48,9] D E B R I S (1)[64,9] D E C EMBER(1)[69,8] DECIDED(3)[8,15][10 D E C O M P O S E (3)[48,3][ ,16] D E C O M P O S I T I O N (1)[48 D E C R E A S E S (1)[49,6] D E E M E D (1)[58,24] D E F E N D A N T ' S ( l ) [75,1 D E F E N D A N T S (2)[10,5] D E F E N D A N T S ' (1)[10,7 D E F E N D A N T S ."(1) [61, D E F E N S E (1)[67,19] D E G RADES(1)[65,8] D E G R E E (11)[14,15][1 24][15,3][15,5][15 [20,11][20,12][20, D E G R E E S (4)[14,23][2 4][48,13] DELAWARE(2)[6,9][11 D E L A Y I N G (1)[39,24] D E LIBERATELY(1)[80, D E L I G H T E D (1)[72,8] D E M E N T (90)[6,1][6,4 13][6,15][7,1][7,4 ,23] [7,24][8,1][8, [9.1] [10,1][11,1][ 1][14,1][15,1][16, 18.1] [19,1][20,1][ 1][23,1][24,1][25, 27.1] [28,1][29,1][ 1][32,1][33,1][34, [35.1] [36,1][37,1] COURT REPORTING SERVICES (919) 832-4114 PAGESAVER TM Deposition of John Dement 1/3/96 [74,7][74,11][74,12][74,19] EIGHT(1)[25,21] [79.20] [80,11][81,3] EITHER(7)[12,4][20,12][25,11 DOCUMENT(11)[24,17][28,5][28 [36,8][50,3][55,8][60,22] ,17][29,25][30,15][30,17][3 ELECTRIC(4)[9,11][36,17][40, 0,23][62,5][62,9][62,16][69 24][44,5] ,15] E L E C T R O D E S (4) [29,17][42,14 ] [ D O C U M E N T S (1)[47,4] 44,13][47,18] DOIG(4)[27,10][27,12][59,14] ELECTRODES"(1)[28,24] [59.21] ELECTRON(3)[76,12][77,3][79, D O I N G (7)[14,5][22,18][44,23] 10] [52.20] [58,11][67,8][69,15] ELECTROSTATIC(1)[51,14] DONE(28)[7,25][9,10][9,15][1 EMPLOYMENT(1)[68,17] 0,25][23,16][23,21][23,23] [ ENCLOSED(1)[76,22] 34,11][38,13][38,16][39,18] E N C Y C L O P E D I A (3 ) [27,19 ] [47,6 ] [39.21] [43,22][51,3][51,4][ [47.19] 56.13] [56,17][57,12][58,3]E N[ D (1)[67,17] 64,23][66,9][66,19][72,22] [ ENGAGED(1)[66,4] 76.14] [78,18][80,3][80,23]E[N G I N E E R (2)[15,12][45,18] 81,3] ENGINEERING(3)[15,6][15,7][1 D O W N (1)[68,15] 5,9] DR(91)[6,1][6,8][6,13][6,15] ENOUGH(5)[11,11][55,4][74,25 [7.1][7,4][7,17][7,23][7,23 [75,14][79,5] [8.1] [8,18][8,20][8,25][9E,N1T I R E (3)[12,21][12,22][40,2 [9,10][9,14][10,1][11,1][12 5] ,1][13,1][14,1][15,1][16,1] ENTIRELY(1)[52,5] [17.1][18,1][19,1][20,1][21 ENVIRONMENT(2)[16,19][60,8] ,1][22,1][23,1][24,1][25,1] ENVIRONMENT,"(2)[28,13][29,2 [ 2 6 . 1 ] [27,1][28,1][29,1][30 5] ,1][31,1][32,1][33,1][34,1] ENVIRONMENTAL(5)[17,15][17,1 [34,24][35,1][36,1][37,1][3 6] [21,21][21,24][68,23] 8.1] [39,1][40,1][41,1] [42,1 ENVIRONMENTS(6)[54,10][54,11 [43.1] [ 4 4 , 1 ] [ 4 5 , 1 ] [ 4 6 , 1 ] [ 4 7[ 5 4 , 2 2 ] [ 5 9 , 2 4 ] [ 6 0 , 6 ] [ 6 0 , 1 0 ] ,1][48,1][49,1][50,1][51,1] EPA(l)[68,18] [52.1][53,1][54,1][55,1][56 EPI(2)[18,24][29,10] ,1][57,1][58,1][59,1][60,1] EPIDEMIOLOGIC(2)[33,4][59,17 [61.1][62,1][63,1][64,1][65 EPIDEMIOLOGICAL(1)[26,25] ,1][66,1][67,1][68,1][69,1] E P I D E M I O L O G I S T ^ ) [62,20] [63, [70.1][71,1][72,1][73,1][74 5][63,12] ,1][75,1][75,19][76,1][77,1 EPIDEMIOLOGY(8)[14,14][16,18 [78.1] [79,1][79,25][80,1][8[17,17][17,22] [18,10][21,23 1.1] [62,25][63,7] D R I N K E R (1)[28,24] E S S E N C E (1)[29,6] D R S(l)[47,3] E S S E N T I A L (1)[57,21] D U C E S (2)[7,3][7,5] E S T I M A T E (1)[45,5] D U E (1)[63,20] E V A L U A T E (1)[69,18] DUKE(5)[15,17][16,4][16,13][ EVEN(6)[8,4][43,6][57,17][68 16,16][18,6] ,3][72,14][74,19] D ULY(1)[6,5] E V E N T U A L L Y (1)[40,5] DURING(7)[17,9][52,6][55,17] EVER(10)[9,20][23,16][36,17] [65,6][65,15][69,6][69,9] [41.19] [46,3][46,5][46,7][5 D U S T (1)[76,10] 3,12][65,16][66,11] E V E R Y (2)[56,5][60,7] E E E EVERYBODY(2)[32,3][38,17] E V I D E N C E (1)[33,5] E A C H (1)[74,23] E X A C T (1)[34,21] EAGER(3)[13,12][46,16][47,3] EXACTLY(1)[79,17] EAGER."(1)[67,22] EXAMINATION(1)[10,16] EARLIER(4)[59,14][61,20][72, EXAMINE(1)[76,4] 9][77,20] E X A M I N E D (1)[6,6] EARLIEST(1)[79,24] EXAMPLE(4)[18,12][41,10][47, EARLY(1)[26,18] 5][64,13] EDWARD(1)[12,12] EXCLUDE(3)[55,4][57,7][60,13 EFFECTS(2)[21,3][45,25] E X C U S E (1)[27,22] EFFORTS(1)[79,18] EXHAUSTIVE(2)[56,4][58,15] E X H I B I T (7)[75,17][7 24][76,9][76,15][7 9] E X H IBITS(1)[75,19] E X I S T (1)[79,9] E X I S T E N C E (1)[62,14] E X P A N D I N G (1)[44,7] E X P E C T (2)[31,10][67 E X P E R I E N C E (2)[50,22 E X P E R I M E N T (2)[37,21 E X P E R I M E N T S (1)[66,8 E X P E R T (13)[8,16][8, [19,14] [19,15][45, 45,15][45,22][62,1 [63,3][63,9] E X P E R T I S E (3)[19,12] 6.3] EXPERTS(2)[59,4][67 EXPOSED(3)[25,22][5 14] E X P O S U R E (22)[25,21] ,12] [27,14] [28,4][ 9] [28,17] [28,22] [3 11][59,12][59,19][ ,10] [73,12] [73,13] 4,22][74,25][75,5] E X P O S U R E S (5)[29,10] 9,18] [73,17] [73,23 E X T E N S I V E L Y (2)[6,10 E X T E N T (9)[9,9][46,2 52.3] [52,5][52,12] 2,24][72,5] F F FACILITY(2)[44,8][6 F A C T (6)[10,12][54,1 69,17][76,24][80,3 F A C T O R I E S (1)[27,16] F A C TORY(1)[46,8] FACULTY(5)[15,17][1 1][18,20][18,21] F A I R (11)[11,10][20, 46,23][54,20][55,4 62,21][75,9][75,14 F A I R L Y (1)[26,11] F A L L (2)[16,23][17,1 FAMILIAR(8)[11,5][1 25][42,19][45,8][4 0][51,15] F A M I L Y (1)[15,21] F A S T E R (1)[14,4] F A U L T S (1)[10,8] F E B R U A R Y (1)[12,20] F E E L (1)[43,10] F E E L S (1)[7,9] F E L L (1)[77,12] F E L T (2)[9,6][81,4] F E W (6)[10,19][35,11 69,3][70,15][79,22 F I B E R S (17)[19,18][2 [25,9][27,17][29,1 [29,15][52,9][52,2 [55,22][56,11][63, COURT REPORTING SERVICES (919) 832-4114 PAGESAVER TM Deposition of John Dement 1/3/96 FURTHER(1)[58,25] G G G A M E ( l ) [40,11] G A R A G E (1)[44,6] G A R A G E S (1)[44,4] G A S E S (1)[31,8] G A T H E R (1)[7,4] GATHERING(1)[77,21] GAVE(3)[33,15][42,7][53,19] GENERAL(10)[6,24] 34.4] [35,1 2 ] [36,13][36,144]2,9][46,2 3 ] [47,24][61,226]8.5] GENER A L L Y (6)[10,23][43i8][45 ,8][51,16][74,24][76,14] GENERATE(1)[79,10] GENERATED(4)[22,21][30,21][7 1,14][78,3] G E N T L E M E N (1)[36,9] GEOLOGY(2)[14,16][14,22] GEORGE(1)[12,19] G E O R G I A (1)[79,3] GETTING(2)[71,25][72,3] GIVE(20)[6,14][16,24][17,15] [17,23][30,5][32,25][33,9] [ 34,21][34,23][36,4][40,6][4 5.5] [47,23][49,16][49,19][5 7.6] [61,13][63,21][75,6][79 ,16] GIVEN(7)[6,15][17,23][35,11] [53.15] [74,3][75,22][80,8] GIVING(2)[33,24][34,17] GLANCED(2)[41,4][42,25] GLASS(3)[50,24][79,11][79,12 GLEANED(5)[39,6][46,12][46,1 4] [54,22][57,3] G O E S (2)[57,4][61,21] G O N E (1)[53,16] GOOD(5)[10,17][10,18][66,14] [66.15] [66,17] G R E A T (1)[48,21] GREATER(4)[25,24][29,13][80, 12][80,18] G R O U P (1)[35,8] GUESS(5)[35,13][42,10][54,14 [62,22][71,22] H H H HALF(2)[11,21][44,21] HANDED(1)[62,10] HANDING(2)[39,24][62,6] HANDLING(1)[55,18] HANDS(3)[24,17][29,22][72,13 H A N G (1)[62,3] H A P P E N S (1)[64,23] H A S N ' T ( l ) [48,21] HAVING(7)[6,5][26,18][33,23] [58,15][64,22][69,11][73,9] H EAD(1)[60,7] H E A L T H (13) 20,21][20,23] 21, 3][21,24] 28,19][45,11][45, 21][45,21][45,25][68,22 [69 ,6][69,8][69,10] H E A T E D (2)[48,24][65,5] H E L D (1)[51,13] H E L P (2)[37,20][52,8] H E L P E D (1)[49,18] HEL P S (1)[56,9] H I G H (3)[43,25][50,7][50,12] H I L L (4)[14,13][15,24][18,24] [19.4] HIS,"(1)[63,15] H I S T O R I C (1)[38,14] H I S T O R I E S (1)[54,21] H I S T O R Y (1)[54,6] HOBART(8)[37,22][39,3][39,4] [39,11][39,13][39,17][39,18 [41.5] H O L D (2)[15,19][50,18] H O N E S T L Y (1)[61,24] HO O D (1)[44,23] H O P E (3)[6,13][57,20][70,15] H O U R (1)[11,21] HOU R S (1)[18,4] HOWEVER(2)[11,7][58,6] HUDSON(4)[12,20][12,23][13,3 [13,4] H U H - U H (1)[46,6] H U N D R E D S (1)[21,8] HYGIENE(9)[14,14][15,15][18, 11][19,4][21,20][21,21][62, 25][66,14][69,16] HYGIENIST(3)[15,13][45,20][4 5,24] I I I I ' L L (8)[25,13][25,17][30,11] [33,3][34,13][70,21][71,22] [79,15] I . D ( l ) [39,8] IDEA(8)[30,5][41,18][44,16][ 45,3][48,10][49,25][50,17][ 53,10] IDENTIFICATION(2)[24,24][37, 25] IDENTIFICATION.)(1)[75,18] I D E N T I F Y (1) [50 >10] I M M E D I A T E L Y (1) [7,2 2] I M P L I C A T I O N (1) [4 0,21] I M P L Y I N G (1)[20,5] I M P O R T A N T (1) [60,15] IMPOSSIBLE(2)[74,25][76,3] IMPRESSION(1)[49,16] I N C L U D E (1)[20,13] INCLUDED(3)[61,21][71,6][77, 21] INCLUDING(5)[8,11][33,6][37, 7] [68,15][70,7] I N C L U S I V E (1)[65,14] INCREASE(2)[25,24][26,5] I N C R E A S E D (7 ) [26,24][29,7][29 ,16][33,6][65,9][73,7][73,1 8] I N C R E A S E S (1)[49,6] INDICATED(7)[10,20][43,21][5 0,11][54,15][75,25 79.22] I N D I C A T E S (5)[30,24] ,20][64,8][76,10] I N D I V I D U A L (2)[74,14 I N D I V I D U A L S (1)[18,1 I N D U S T R I A L (13)[14,1 [15,15][18,11][19, [21,22][28,19][45, [62,25][66,14][69, I N F O R M A T I O N (2 0)[8,1 36.23] [38,5][38,12 9 . 1 0 ] [40,16][46,15 47,12][53,13][54,1 5 5 . 2 3 ] [57,7][59,24 80,21][80,25] I N S P E C T O R (1)[27,16] I N S T A N T A N E O U S (1) [4 9 I N S T E A D (1)[14,4] I N S T R U C T (1)[6,23] I N S T R U C T E D (2)[7,4][ I N T E G R A L (1)[63,6] I N T E L L I G E N T (1)[58,5 I N T E L L I G E N T L Y (1)[76 I N T E L L I G I B L E (1)[11, I N T E N D (3)[56,16][57 .5] I N T E N D E D (1)[57,17] I N T E N T I O N (1)[79,24] I N T E N T I O N A L L Y (1)[67 INTEREST(3)[21,10][ 13] I N T E R E S T E D (4)[10,23 5.1 0 ] [45,20] I N T E R R O G A T E (2) [58,5 I N T E R R O G A T O R I E S (4) [ ,11][39,17][61,15] I N T E R R O G A T O R Y (13) [2 19][36,19][38,7][4 3][60,23][61,3][61 [61,21][65,13][67, I N T E R R U P T (1)[16,20] I N T O (8)[46,21][47,1 [52,19][52,20][52, [77,17] I N V E S T I G A T O R (1)[37, I N V O L V E (1)[52,17] I N V O L V E D (10)[17,13] ,9][37,17][45,19][ ,21][60,11][77,7][ I N V O L V E M E N T (1)[17,8 I R O N (2)[44,10][70,5 IRRELEVANT(1)[10,11 I S S U E (4)[36,14][43, [75,12] I S S U E S (7)[17,15][20 5][23,8][23,13][35 5] I T E M (2)[27,7][27,12 I T S E L F (5)[31,24][46 9][64,14][71,8] J J COURT R E P O RTING SERVICES (919) 832-4114 PAGESAVER TM Deposition of John Dement 1/3/96 [38,9][40,23][55,11] LINCOLN 1S (2) [13,22][36,24] L I N E S (1)[64,13] LINING(1)[64,17] LIQUID(2)[51,19][51,21] LIST(37)[7,7][7,10][7,11][7, 13][23,3][23,5][24,12][24,1 3][24,15][24,22][24,23][24, 25][25,14][28,10][28,11][31 ,18][31,21][31,23][31,24][3 2.7] [32,13][32,16][32,17][3 2,18][32,23][33,12][33,13][ 39.7] [40,25][41,3][42,8][42 ,9][42,10][50,11][56,4][56, 6 ] [71,21] LISTED(6)[8,17][24,11][27,4] [34.25] [55,20][59,22] L I S T I N G (1)[31,24] LISTS(5)[12,14][25,5][31,10] [33.3] [33,4] L I T E R A L L Y (1)[13,22] LITERATURE(17)[20,21][20,25] [23.25] [24,5][26,18][27,8][ 29,16][41,20][41,22][46,18] [53,14][56,9][56,13][56,14] [57.3] [57,10][59,10] L I T I G A T I O N (1)[11,3] L I T I G A T I O N S (1)[8,14] LITTLE(4)[23,19][34,11][46,1 7 ] [69,5] L O C A T E D (1)[78,20] L O N D O N (1)[27,16] L O N G (1)[34,23] LONGER(3)[8,16][29,13][57,16 LOOK(11)[23,7][25,19][26,17] [30.4] [31,3][31,6][37,13][4 6,12][61,12][61,18][64,25] LOOKED(12)[11,25][22,8][22,1 5] [23,9][27,15][36,20][38,2 1] [42,21][43,8][50,11][61,8 [78.5] L O O K I N G (10) [22,24][23,10][23 ,13][23,19] [23,20][23,24] [6 9,24][70,3][70,4][70,5] LOOKS(2)[37,18][41,20] L O T S (1)[76,21] LUNG(5)[25,24][26,24][29,7][ 33,6][33,6] LUNGS(2)[29,12][29,14] M M M M . D . (1)[74,20] M A I N L Y (1)[66,20] M A I N T E N A N C E (1)[71,6] M A J O R (1)[15,10] M A K E S (3) [ 2 8 , 6 ] [ 2 8 , 8 ] [ 2 8 , 1 6 ] M A K I N G (6)[10,14][44,7][44,10 [46,8][58,22][73,16] M A L L E T T (1)[38,16] M A N U F A C T U R E D (3)[36,16][40,23 [53,12] M A N U F A C T U R E R (2)[39,9][55,12] M A N U F A C T U R I N G (3)[46,10][46,2 5][47,8] M A R C H (1)[13,3] M A R I T I M E (1)[28,20] MARKED( 2 ) [75,18][75,19] M A S T E R ' S (1)[19,3] M A T C H (1)[41,16] MATERIAL(24)[7,17][12,4][12, 15][13,7][13,18][15,5][15,2 2] [24,5][26,20][29,3][50,21 [50,25][51,5][51,19][51,21] [51.24] [54,25][57,20][58,8] [65,4][65,7][66,10][66,20][ 77.13] MATERIALS(20)[7,4][11,24][12 ,7 ] [12,9 ] [12,10 ] [13,16 ] [17 , 4] [25,3][33,17][49,12][49,1 5] [52,7][55,7][64,13][64,21 [67,8][67,15][77,10][77,12] [78,21] M A T R I X (2)[52,20][52,22] MATTER(4)[11,22][32,4][48,19 [48,20] M A T T E R S (1)[6,17] M C L A U G L I N (1)[59,15] MEANING(3)[42,24][63,15][67, 18] M E A N S (5)[43,5][43,14][57,23] [67.24] [67,25] M E A S U R E (1)[30,20] MEASUREMENTS(3)[25,13][26,10 [28.15] M E C H A N I C A L (1)[15,9] MECHANICS(7)[19,9][19,10][19 ,20][19,23][20,5][20,12][20 ,16] MEDICAL(4)[36,8][59,10][74,1 3] [74,17] MEDICINE(3)[15,21][18,9][21, 22 ] M E E T (5)[11,18][16,21][18,4][ 19,5][19,6] M E E T S (1)[16,23] M E M B E R (2)[34,9][34,12] MEMORIZE(2)[43,11][50,12] MENTION(8)[25,12][28,6][28,8 [28.16] [42,5][55,11][55,25] [58,13] M E N T I O N E D (12) [26,4] [29,20-] [3 6,20][39,25][40,15][41,25][ 55.13] [55,14][56,5][67,9][7 3,11][73,15] M E N T I O N I N G (1)[25,11] MENTIONS(9)[25,20][25,23][27 ,11][27,13][27,14][28,3][28 ,15][28,20][47,17] M E N T O R (1)[18,17] M E S O ( l ) [53,25] MESOTHELIOMA(2)[29,17][53,23 MESOTHELIOMAS(1)[73,22] M E T (1)[11,20] M E T A L (1)[49,10] M E T A L L U R G Y (1)[15,3] M E T A L S (2)[41,14][70,7] M I C R O G R A P H (1) [7 9,12] M I C R O N (1)[68,16] M I C R O N S (2)[67,21][6 M I C R O S C O P Y (3)[76,12 9,10] M I D (2)[35,14][35,16 M I D D L E (2)[63,13][65 M I G H T (11)[8,19][13, [55,23][66,4][66,2 69,17][70,6][79,6] M I L D (1)[44,11] M I N D (2)[24,23][37,1 M I N E (1)[72,12] M I N E R A L O G Y (3)[14,18 20,13] M I N U T E S (2)[67,3][79 M O M E N T (5)[31,17][35 [61,18][62,6] M O R E (17)[18,11][18, [32.8] [35,12][36,1 [45.10] [51,13][57, [66.9] [68,12][69, [70,15][70,18] M O R N I N G (10)[10,17][ ,20][11,14][33,16] 0,11][55,3][75,21] M O S T (9)[7,16][10,10 2,16][46,20][50,20 73,11][75,7] M O S T L Y (2)[23,19][51 M O T I O N (1)[79,25] M O T L E Y (8)[7,20][7,2 2.15] [37,4][39,14 8.16] M P H ( l ) [18,16] M U L T I P L E (1)[73,23] M Y S E L F (4)[11,7][19, [63.11] N N N A M E (2)[10,19][12,1 N A M E S (5)[34,14][34, [68,24] [69,3] N A T U R E (1)[22,20] N A V A L (1)[68,10] N A V Y (1)[28,20] N E C E S S A R I L Y (4)[23,2 [51,12][57,4] N E E D S (2)[19,6][58,6 N E G A T I V E S (1)[79,6] N E S S (8)[7,19][7,25] 15][37,4][39,14][7 15] N E V E R (4)[9,22][10,5 52,24] N E W (2)[63,18][76,18 N E X T (2)[17,12][75,9 N I C K E L S (1)[70,7] N I E H S ( l ) [69,7] N I G H T (5)[6,19][7,14 ,24][9,19] N I O S H (6)[20,22][28, [69,7][69,12][69,2 N O B O D Y (1) [ 6 6 , 1 5 ] COURT R E P O RTING SERVICES (-919) 832-4114 PAGESAVER TM Deposition of John Dement 1/3/96 [55,19}[ 59#1 7 3 [7 7 #5] O P E N (1)[48,9] OPINION(7)[9,4][56,7][57,22] [57,23][63,17][64,14][65,5] OPINIONS(12)[6,11][8,7][10,2 5] [32,24][33,24][35,18][56, 10][56,18][56,25][57,6][57, 9][60,21] OPPORTUNITY(7)[6,21][9,21][3 7,13][40,6][59,3][76,5][80, V] O P P O S E D (1)[34,3] ORDER(3)[8,3][16,7][64,20] ORDINARILY(1)[18,3] ORDINARY(1)[65,10] ORGANIZATION(1)[69,4] ORGANIZED(3)[32,8][32,10][32 ,11] O R I G I N A L (1)[78,15] OTHERS(2)[20,22][38,17] O U R S E L V E S (1)[38,21] OUTLINE(3)[12,8][16,15][47,7 O U T L I N E D (1)[60,22] O W N (2)[44,8][68,9] O W N E R (1)[44,8] O X I D E S (1)[70,5] P P P P A C K (1)[13,4] PAGE(81)[6,1][7,1][8,1][9,1] [10,1][11,1][12,1][12,22][1 3.1] [14,1][15,1][16,1][17,1 [18.1] [19,1][20,1][21,1][22 ,1][23,1][24,1][25,1][26,1] [27.1] [28,1][29,1][30,1][31 ,1][31,12][31,13][32,1][33, 1][34,1][35,1][36,1][37,1][ 38.1] [39,1][40,1][41,1][42, 1] [43,1][44,1][45,1][46,1][ 47.1] [48,1][49,1][50,1][51, 1] [52,1][53,1] [54,1][55,1][ 56.1] [57,1][58,1][59,1][60, 1][61,1][62,1][63,1][64,1][ 65.1] [66,1][67,1][67,16][68 ,1][69,1][70,1][71,1][72,1] [73.1] [74,1][75,1][76,1][77 ,1][78,1][78,9][79,1][80,1] [81.1] PAGES(3)[75,23][75,24][82,1] PA I R O N (1)[29,11] P A P E R (1)[35,20] P A R A G R A P H (1)[67,17] P A R A N O I A (1)[40,12] PART(19)[7,19][18,25][19,18] [22,21][23,4][23,7][24,11][ 32,15][32,24][33,17][39,13] [39,15][41,3][44,5][57,7][6 3,6][73,20][77,24][80,23] P A R T I A L (1)[56,7] PARTIALLY(3)[37,22][37,23][4 8 8] P A R T I C I P A T E D (1)[70,13] PARTICLES(5)[63,22][67,21][6 8,3][68,12][68,15] PARTICULAR(12)[32,6][39,9][4 1,8][41,10][41,13][41,22][5 0,9][61,16][62,5][67,21][69 ,16][70,23] PARTICULARLY(1)[77,11] PARTICULATES(2)[23,20][31,9] .PAST(2)[34,12][37,8] P E C K I N G (1)[16,7] P E O P L E (1)[73,4] PERCENT(10)[50,7][50,7][50,1 0][50,12][52,12][52,25][60, 13][64,18][74,5][74,5] PERCENTAGE(4)[50,3][74,5][75 ,3][75,7] P E R F E C T (1)[56,22] P E R I O D (2)[48,25][65,15] PERMISSION(3)[8,22][8,24][31 ,14] PERSON(4)[10,9][18,20][19,4] [29,13] P E R S O N 'S (1)[74,22] P E R S O N A L L Y (1)[21,17] P E R S P E C T I V E (1) [2 0,2 3] P E R T A I N (1)[36,8] P E R T I N E N T (1)[23,11] PETERSON(4)[13,9][46,16][47, 3][67,22] P H .D (2)[18,23][18,25] P H . D . (2)[6,4][14,10] P H I L L I P S (1)[10,10] P H O N E (1)[58,16] P H O T O C O P I E S (1) [7 8,9] PHOTOMICROGRAPHS(3)[78,10][7 8,12][78,17] P H O T O M I C R O G R A P H I C [79,5] PHYSICS(2)[14,24][20,14] P I C K (1)[21,8] P L A C E S (1)[65,3] PLAINTIFFS(4)[26,14][34,15][ 34,18][61,16] P L A T E (1)[79,11] P L A T E S (1)[79,13] PL AY (1)[73,20] P L A Y I N G (1)[40,11] PLA Y S (1)[74,3] PLEASE(12)[16,15][24,10][25, 7][25,15][26,21][27,6][28,1 2] [47,7][47,13][53,4][61,18 [63,25] P L U S (1)[33,14] POINT(10)[41,22][42,22][43,2 2][48,4][48,6][60,15][64,15 [65,7][65,24][73,5] P O I N T S (1)[33,5] P O O L (1)[49,10] PORTION(2)[12,16][30,16] PORTIONS(3)[12,18][13,6][54, 23 ] POSITION(6)[15,19][73,24][80 ,10][80,17][80,24][81,5] POSSIBILITY(2)[25,12][55,25] POSSIBLE(14)[14,7][25,20][26 ,4][27,13][28,4][28,7][28,8 [28,16][30,19][31, [53.19] [59,16][79, P O S T P O N E (1)[80,5] P R A C T I C E (6)[66,14][ ,16][66,17][66,18] P R A C T I C E S (1)[64,3] P R E C E D E D (1)[77,16] P R E CLUDE(1)[79,25] P R E F A C E (2)[30,8][30 P R E J U D I C E D (1)[72,6] P R E L I M I N A R Y (1) [2 9,5 P R E P A R A T I O N (2)[13,1 P R E P A R E (1)[31,23] P R E P A R E D (6)[7,24][3 25][32,6][70,23][7 PRESENCE(3)[29,3][2 11] P R E S E N T E D (2)[77,14] P R E S E N T L Y (1)[21,4] P R E S U M A B L Y (1)[20,7] PRES U M E (1)[54,5] P R E T T Y (1)[65,14] P R E V I O U S L Y (2)[7,5][ P R I M A R I L Y (8)[10,23] 6,23][30,8][35,18] 1,18][70,3] P R I N T S (2)[78,12][79 P R I O R (6)[11,18][30, 40,20][58,8][62,6] P R O B A B L Y (12)[13,23] 2,10][22,15][26,17 42.25] [44,21][57,1 [78,14][79,12] P R O B L E M (1)[73,11] P R O CEDURE(1)[21,6] P R O C E E D (1)[58,10] PROCESS(23)[8,21][1 [23,7] [27,20][38,8 5,14] [45,19][45,22 46.25] [47,8][48,3] ,12][48,18][65,6][ 7][67,6][69,14][79 P R O C E S S E S (9)[30,19] 5,7] [45,9][45,10][ ,21][64,17][67,9] P R O D U C E (1)[79,11] P R O D U C E D (3)[7,14][9 P R O D U C T (2)[36,11][3 P R O D U C T S (4)[19,16][ ,24][64,11] PROFES S I O N A L (2)[15, P R O F E S S O R (5)[15,20] 6,4][16,6][16,9] PROGRAM(6)[14,13][1 3][18,15][18,16][6 P R O J E C T (1)[18,15] P R O J E C T S (2)[18,25][ P R O N O U N C E (1)[12,12] P R O P O S E (3)[10,21][5 P R O P O S I T I O N (1)[59,1 P R O P R I E T A R Y (3) [4 6,2 [50.20] P R O T E C T I V E (1) [2 8,2 5 P R O V I D E (2)[49,9][49 an COURT REPORTING SERVICES (919) 832-4114 PAGESAVER TM Deposition of John Dement 1/3/96 23][60,10] R E C E I V E (1)[21,7] RECEIVED(2)[37,23][64,7] RECENT(2)[30,6][32,16] R E C E S S (1)[53,3] RECESS.)(2)[53,5][75,16] R E C O G N I Z E D (1)[20,6] RECORD(10)[24,13][39,23][40, 10][58,6][75,15][79,21][79, 23] [810,15] [80,21] [80,22] R E C O R D S (1)[36,8] RECREATE(2)[74,22][74,25] R E D U C E (1)[52,8] R E F E R (1)[57,21] REFERENCE(3)[24,25][33,11][3 3,17] R E F E R E N C E S (1)[56,6] REFERRING(7)[22,14][24,15][2 4,20][30,8][30,16][31,19][3 7.15] R E F E R S (1)[26,10] REGARD(10)[7,3][18,7][22,18] [27,8][35,19][36,14][37,5][ 55.19] [56,25][64,19] REGARDING(8)[8,6][46,24][57, 18] [60,18][61,4][71,14][76, 4 ] [80,3] REGULAR(3)[20,17][20,19][21, 5] R E L A T E (1)[54,12] RELATED(2)[29,9][71,4] R E L A T I O N S H I P (1)[49,4] RELEASE(13)[8,22][19,17][24, 7] [25,9][26,7][52,6][55,17] [55.22] [56,10][60,18][63,19 [72,17][81,8] R E LEASED (8) [.8,5 ] [8,13 ] [8,18 ] [31,5][52,9][57,20][67,8][6 7.15] R E L E A S I N G (1)[80,24] RELEVANT(4)[7,9][21,15][22,4 [26.22] R E L I E S (1)[67,19] R E L Y (4) [33,3] [33,12][33,24] [ 56,16] RELYING(4)[32,24][33,8][33,1 4][57,5] R E M A I N I N G (1)[76,21] REMEMBER(2)[35,9][44,19] R E N D E R (1)[11,3] R E N D E R I N G (1)[60,21] R E P E A T (1)[11,6] R E P E L (1)[51,21] R E P H R A S E (1)[11,9] R E P L A C E (1)[61,22] REPORT(32)[7,18][7,21][7,23] [8,6][8,6][8,8][8,12][8,12] [8,25][9,5][22,21][22,23][2 3,11][37,11][39,24][40,11][ 56.20] [71,14][71,23][72,14] [72.20] [76,23][77,4][77,6][ 77.15] [77,16][77,16][77,18] [77.20] [77,24][78,5][78,15] REPORTS(16)[7,18][8,20][58,3 [58.6] [58,13][58,14][58,15] [58,24][59,14][75,20][75,22 [76,5][76,9][77,18][80,12][ 81,8] R E P R E S E N T (1)[43,18] REPRESENTED(5)[6,12][11,13][ 11,15][61,14][76,15] REQUIREMENT(1)[18,16] REQUIREMENTS(2)[8,19][28,18] REREVIEWED(1)[6,18] ' RESEARCH(8)[18,13][18,15][19 ,3][21,9][22,18][22,20][22, 22][50,23] R E S E R V I N G (1)[80,13] R E S I D E N C Y (1)[18,9] R E S I D E N T S (2)[18,8][18,18] R E S I D U E (4)[77,7][77,19][77,2 I ] [78,4] RESPECT(8)[9,17][35,17][38,4 [39.3] [40,14][41,5][55,21][ 81,7] R E S P E C T F U L L Y (1)[72,7] RESPIRABLE(4)[55,17][56,10][ 63.21] [68,13] R E S P I R A T O R Y (1)[73,18] RESPONSE(8)[36,19][38,11][40 ,19][40,20][41,7][45,18][45 ,18][75,6] RESPONSIBILITIES(5)[16,12][1 7.10] [18,6] [18,7] [18,23] RESPONSIBILITY(2)[18,12][43, II] RESTRICTED(2)[41,12][74,12] RESULT(4)[39,6][40,18][70,9] [73,8] RESULTS(10)[8,4][29,5][38,19 [38,20][38,23][39,22][57,5] [77.3] [77,14][80,4] RETAINED(4)[8,23][29,14][29, 15][34,19] R E T I R E D (1)[69,7] RETRACTING(1)[72,15] REVIEW(5)[11,22][36,7][54,13 [58,15][60,16] REVIEWED(16)[9,18][13,16][13 ,17][13,18][13,24][24,6][33 ,18][34,18][38,6][39,7][40, 25] [42,21] [54,6] [58,7] [61,3 [61.7] REVIEWING(2)[10,22][36,19] R E V I E W S (2) [27,7] [29,15] R I G I D I T Y (1)[49,20] R I S K (12)[25,22][25,24][26,24 [29.4] [29,7][29,8][29,16][3 3,6][73,7][73,18][74,21][75 ,13] R O D (17)[36,15][37,23][41,9][ 41.10] [53,12][56,5][56,17][ 63,17][64,25][65,5][65,16][ 65.21] [65,22][65,23][76,18] [76,19][77,11] R O D S (95)[6,19][6,23][8,11][9 ,5][10,24][23,14][23,17][24 ,8][25,10][25,20][25,23][25 ,25][26,8][26,11][ ,9][27,9][27,11][2 21][28,3][28,7][28 [30,22][31,5][33,1 [35,6][36,22][37,5 7,10][37,17][37,21 8 . 9 ] [38,14][38,14] 9,3][39,4][39,11] [ ,18][40,15][40,16] 0,25][41,13][41,18 42,5][42,20][44,18 6. 9 ] [46,11][46,17] 9,8][49,25][50,9][ ,4][53,8][54,17][5 8][56,11][56,17][5 2][59,13][59,19][6 19 ] [60,20][64,6][6 2 0 ] [64,22][64,24][ 6][66,7][66,12][67 [73,9][73,13][73,2 [76,19] [77,22] R O D S " (1)[24,25] R O O F (2) [ 4 4 , 9 ] [ 4 4 , 1 1 R O U T I N E (1)[21,11] R U B (2)[66,5][67,4] R U B B E D (1)[76,23] R U B B I N G (2)[66,7][67 R U B S (1)[66,6] R U L E S (1)[11,6] S ' ( 1 ) [ 8 2 , W] S A F E T Y (1)[28,18] S A L V A G E (1)[28,21] S A M E (16)[7,19][13,7 28,4][40,14][40,19 1,7][41,24][55,7][ ,3][71,25][72,3][7 3] S A MP LE D(2)[69,23][6 S A MP LE S(3)[76,25][7 9] SA M P L I N G (4)[69,18][ 9][78,4] S A T I S F Y (1)[18,16] S A V E (2)[30,7][30,11 S A W (2)[6,19][15,22] SA YI NG(4)[40,10][52 2][75,12] S A Y S (2)[62,24][70,2 S C A N (3)[21,6][21,7] S C H E D U L E D (1)[35,3] SC HO OL(2)[16,18][43 S C I E N C E (1)[19,9] S C I E N C E S (1)[15,5] S C I E N T I F I C (1)[20,6] S C O P E (1)[74,11] S E C O N D (4)[62,3][67, [78,8] S E C O N D S (1)[13,23] S E E (13) [ 2 4 , 1 5 ] [ 2 9 , 1 [31,15][37,18][38, [64,12][66,8][66,9 COURT REPORTING SERVICES (919) 832-4114 PAGESAVER TM Deposition of John Dement 1/3/96 SORT(5)[46,19][47,10][60,3] [ 75.7] [79,7] SOURCE(14)[25,20][26,4] [27,9 [27,11][27,14][28,4] [28,4] [ 2 8 . 7 ] [28,9][28,21][36,23] [3 8,12][39,10][54,18] SOURCES(6)[29,24][30,19][31, 11][60,15][73,13][75,4] SPEAKS(1)[27,20] SPECIALIZATION(1)[15,8] SPECIFIC(12)[34,3][34,5][34, 17][35,24][36,5][36,11][37, 24][42,5][47,11][49,13][50, 15][69,12] SPECIFICALLY(5)[25,8][35,4][ 35.5] [50,23][60,20] SPECTRUM(1)[70,7] SPECULATE(1)[49,23] SPEECH(1)[33,9] SPEED(1)[12,25] SPEND(4)[10,10][10,22][44,20 [62,20] SPENDING(1)[37,15] S P E N T (4) [43,25][44,9][45,4] [ 69.5] SPLITTING(1)[19,17] SPREAD(1)[17,10] SPRING(1)[17,14] STAINLESS(3)[41,18][41,20][4 1,25] STAND(2)[48,4][63,23] START(2)[16,8][48,16] STARTED(1)[68,17] STARTING(1)[30,10] STARTS(1)[12,22] STATED(1)[68,7] STATEMENT(9)[9,9][47,25][48, 4] [63,14][63,23][67,18][68, 5] [72,16][80,20] STEEL(5)[41,18][41,20][41,25 [44,9][44,11] STEP(3)[16,3][66,22][75,9] STEPPED(1)[67,14] STEVEN(2)[12,23][13,3] STICK(2)[42,14][44,13] STILL(5)[52,9][69,4][73,18][ 76,21][80,12] S T R U C K (1)[45,4] S T R U C T U R E (1)[49,19] STUDENTS(1)[18,24] STUDIED(5)[14,21][14,25][42, 22][43,3][71,6] S T U D I E S (11) [17,25][30,20] [33 ,5][48,22][55,16][69,10][69 ,16][70,10][73,6][73,10][73 ,21] STUDY(9)[29,10][31,6][59,17] [59,25][69,12][70,4][71,8][ 73,14][80,22] STUDY,"(1)[29,6] S T U F F (1)[7,16] SUBDISCIPLINE(1)[19,21] SUBJECT(3)[11,22][32,4][59,2 5] S U B M I T T E D (1)[15,22] SUBPARAGRAPH(2)[62,23][63,13 SUBSCRIBE(4)[21,16][21,17][2 1,25][68,5] SUBSTANCE(2)[63,15][63,16] SUBSTITUTED(2)[49,15][49,16] S U C H (6)[7,13][19,12][20,4][2 0,9][79,15][80,6] S U F F E R (1)[59,12] SUFFICIENT(2)[48,7][64,16] SUGGEST(3)[40,4][73,19][81,4 SUGGESTING(4)[9,12][43,12][7 2,6][81,6] S U M M A R I L Y (1)[9,19] SUMMARIZES(1)[60,24] S U M M A R Y (1)[60,25] SUMMER(6)[17,23][35,14][35,1 6] [44,6] [44,9][44,20] S U M M E R S (1)[43,25] SUPPLEMENTAL(2)[61,14][61,20 S U P P O R T (1)[59,11] SURE(8)[24,16][29,21][32,15] [32,16][37,14][52,21][65,17 [76,8] SURFACE(2)[51,19][52,8] S U R V E Y (1)[17,15] S W O R N (2)[6,6][10,21] S Y S T E M (1)[42,20] S Y S T E M S (1)[43,9] T T T TABL E (1)[31,7] T A K E (14)[19,13][19,24][35,23 [43,4][53,3][54,9][58,12][6 1,4][61,17][71,9][72,23][74 ,23][75,9][76,17] TAKEN(4)[9,17][12,23][25,13] [34.16] TALK(6)[9,25][24,3][35,5][46 ,17][47,9][72,21] T A L K E D (1)[54,17] TALKING(4)[26,15][59,15][71, 17][74,4] TALKS(10)[26,18][27,7][27,19 [29.17] [30,9][31,7][31,8][3 1,9][46,18][54,13] TAUGHT(2)[16,24][46,3] TEAC H (1)[16,16] TEACHING(7)[16,12][16,14][18 ,6][18,7][18,10][18,12][18, 22] T E B B I N S (1)[28,24] T E B B I N S '(1)[47,16] TECHNICAL(2)[68,25][80,18] T E C U M (2)[7,3][7,5] TELEPHONE(2)[62,8][62,15] T E L L (27)[8,4][11,9][24,10][2 5,7][25,15][28,12][30,11][3 8.17] [39,22][43,4][43,14][4 3.14] [43,24][47,13][49,12][ 51.17] [53,24][54,8][57,13][ 59,6][60,7][61,11][62,12][6 2.14] [67,24][76,14][78,14] T E M P E R A T U R E (8)[48,1 [48,20][48,24][48, [49,5][65,8] T E M P E R A T U R E S (4) [48 , [64.15] [64,17] T E N (4)[26,9][50,7][ ,12] T E N D (2)[21,11][52,7 T E N S I O N (1)[52,8] TE N U R E (1)[16,11] T E N U R E D (1)[16,10] T E R M ( l ) [17,9] T E R M S (6)[6,24][17,1 [58.22] [73,24][74, T E S T (5)[76,15][77,6 77,20][80,7] T E S T E D (3)[37,21][53 T E S T I F I E D (2)[6,7][6 T E S T I F Y (11)[8,6][8, [35,3][57,11][57,1 [57,25][59,7][74,1 T E S T I F Y I N G (2)[35,7] T E S T I M O N Y (12)[6,25] 4.17] [35,25][36,5] 8.17] [60,24][61,4] 4 . 7 ] [71,15] T E S T I N G (33)[10,24][ ,19][23,21][23,23] ,11][37,17][38,13] 8.18] [39,6][39,11] 9.19] [39,21][40,18 1.4] [56,12][56,17] 7.5] [57,12][57,16] 8,3][59,7][72,21][ ,20][80,4][80,4] T E S T S (2)[38,19][38, T E X A S (1)[8,14] T E X T B O O K S (1)[33,23] T H A N (22)[10,9][12,9 2.8] [38,6][39,5][3 17][45,11][45,16][ 6][55,10][57,9][60 5][70,14][70,19][7 20][73,21][80,18] T H A N K (3)[25,18][62, T H E M S E L V E S (8)[10,9] ,14][64,6][64,8][7 [74.23] T H E O R E T I C A L (1)[55,2 T H E R E ' S (12)[12,11][ ,6][21,10][21,14][ ,17][31,7][39,21][ 8][65,3] T H E R E U P O N (1)[6,3] THE R M (1)[48,23] T H E Y 'L L (3)[67,13][6 14] T H E Y ' R E (6)[19,7][46 0] [ 4 7 , 1 9 ] [ 6 0, ! 4 ] [7 T H I N G (6)[7,15][20,4 74,6][77,5][81,5] T H I N G S (4)[9,25][44, [79.15] T H I R D (2)[17,21][17, COURT REPORTING SERVICES (919) 832-4114 PAGESAVER TM Deposition of John Dement 1/3/96 TU R N(4) [ 9 , 22] [ 10, 6] [ 10, 13][6 7, 16] TW EN TY-FO U R ( 1) [ 27, 24] TWO(15) [ 7 , 18] [ 9 , 17] [ 10, 3][16 , 25] [ 17, 8 ] [ 17, 16] [ 18, 4 ] [ 18, 5] [ 18, 23] [ 47, 17] [ 5 0 , 6] [ 66,5 [ 67, 5] [ 77, 16] [ 78, 24] TW O-DAY(1) [ 6, 9] TWO-HOUR(1) [ 18, 4] TW O-THIRDS(2) [ 44, 21] [ 44, 21] T Y P E (6) [ 41, 8] [ 50, 17] [ 51, 4][5 1, 10] [ 71, 14] [ 74, 5] T Y P E S ( 5) [ 30, 21] [ 30, 22] [ 41,14 [55, 8] [ 64, 11] T Y P IC A L (5) [ 51, 20] [ 63, 25] [ 65, 10] [ 66, 15] [ 67, 11] T Y P IC A L L Y ( 3) [ 50, 20] [ 65, 3][66 , 21] U U U U.S(3)[28,20][28,20][69,6] U H - H U H (2 ) [56,3][65,17] U N C (4)[14,13][15,24][18,24][ 19.4] UNDER(3)[8,3][9,14][43,9] U N D E R G R A D U A T E (1)[15,10] U N D E R S T A N D (20) [14,9][14,15] [ 17.5] [35,7][36,21][38,13][3 8,22][42,17][51,17][52,21][ 53,23][56,23][62,4][68,17][ 75,20][76,8][80,10][80,14][ 80,17][81,5] UNDERSTANDING(4)[9,13][42,13 [42,18][50,21] U N D O U B T E D L Y (1)[9,19] U N I V E R S E (1)[56,9] U N I V E R S I T I E S (1)[20,8] U N L E S S (1)[65,24] U N N E C E S S A R I L Y (1)[63,8] UNTIL(8)[8,5][8,22][36,21][3 9,25][57,15][71,24][80,6][8 0,25] U N U S E D (1)[76,18] U P (8)[7,13][7,22][12,25][16, 3][36,21][41,16][50,7][58,1 3] UPDATE(2)[28,11][32,17] U P D A T E D (1)[24,20] U P O N (2)[32,24][33,24] U S E (10)[21,6][33,12][44,13][ 52,7][54,17][55,18][65,25][ 74,11][74,12][79,17] USED(21)[8,16][27,19][37,23] [41.10] [44,15][49,8][49,24] [50,16][50,18][53,7][53,11] [55,9][63,18][64,19][64,21] [64,24][64,25][73,9][76,20] [77.11] [79,11] USING(4)[25,25][48,22][55,14 [76.11] U S U A L L Y (1)[79,10] U T I L I Z E D (1)[51,5] V V V V A R IE S ( 1) [ 50, 6] V A R Y ( l ) [48, 12] V A S T (1) [ 77, 14] V E R S IO N ( 1) [ 24, 20] V ER S U S (2) [ 43, 5] [ 59, 19]- ( ) V I D E O T A P E D ( 1 ) [ 1 2 , 1 9 ] V IEW 2 [ 10, 7] [ 73, 6] V I E W S ( 1 ) [ 1 0 ', 2 2 ] V IN C E N T ( 1) [ 12, 17] V I S I B L E ( 1) [ 77, 13] V I T A E ( 1) [ 14, 9] VOLUME(4) [ 30, 6] [ 50, 4] [ 53, 7][ 6 6 ,2 0 ] W w w W A I V E R (1)[58,25] W A L K (1)[66,11] W A N T E D (1)[58,16] W A S N ' T ( l ) [31,6] W A T E R (3)[50,24][52,4][52,10] W A Y (8)[42,11][58,5][58,10][6 5,22][71,22][74,7][81,4][81 , 6] W E ' L L ( l ) [37,14] W E ' R E (6)[26,15][39,20][39,24 [40,10][47,15][74,12] W E A R (1)[44,23] WEE K S (1)[72,17] W E I G H T (2)[50,3][53,7] W E L D (5)[64,16][64,20][65,7][ 65.23] [66,21] W E L D E D (2)[29,13][76,20] WELDER(7)[43,10][54,4][54,7] [54,16][66,3][67,4][67,11] WELDERS(15)[25,22][26,25][29 ,7][29,8][33,7][59,25][60,5 [66.19] [69,18][71,4][71,10] [73,7][73,12][73,19][73,22] WELDERS,"(1)[29,12] WELDING(133)[6,19][6,23][8,1 1][8,21][9,5][10,24][20,17] [20.20] [20,23][20,24][21,3] [21,4][21,13][21,14][22,3][ 22,8][22,10][22,11][22,12] [ 22,19][22,25][23,4][23,8] [2 3.10] [23,14][23,17][24,8][2 5.10] [27,9][27,18][27,20][2 7,21][28,3][28,13][28,14][2 8.23] [29,5][29,25][30,10][3 0,18][30,21][31,8][32,5][33 ,11][33,20][33,23][34,7][34 ,9][34,11][35,5][35,13][35, 17][35,19][36,15][37,5][37, 7][41,9][41,14][41,25][43,9 [ 43, 22] [ 44,4 [ 44 , 5 ] [ 44 , 10] [ 44, 12] [ 44, 20] [ 44, 23] [ 45, 4][ 45, 6] [ 45, 8] [ 45, 10] [ 45, 11][4 5 , 1 2 ] [ 4 5 , 1 4 ] 145, 1 9 ] [ 4 5 , 2 1 ] [ 4 5 , 23] [ 45,24 [ 4 6 , 3 ] [ 46, 5 ][4 6 , 7] [ 46, 8] [ 46, 11] [ 46, 17][46 , 19] [ 47, 5] [ 47, 19] [ 47, 20][48 , 3] [ 49, 8] [ 49, 24][5 1] [ 53, 20] [ 54, 10][5 17] [ 54, 21] [ 54, 21][ 18] [ 55, 22] [ 56, 5][5 25] [ 57, 12] [ 59, 13][ , 19] [ 60,20 [ 63, 17] , 14] [ 64, 23] [ 65, 6][ , 16] [ 65, 19] [ 66, 12] 9 , 12] [ 69, 13] [ 69,17 69, 25] [ 69, 25] [ 70,5 1 , 7] [ 71, 8] [ 71, 21][ 12] W E N T ( 5 ) [ 33, 10] [ 41,2 ( ) [ 7 3 , 1 0 ] [ 7 8 , 1 5 ] W ESTINGHOUSE 3 [ 37, [41. 6] W ET(2) [ 51, 25] [ 52, 4] W E T A B I L I T Y ( 2) [ 51,20 W E T T IN G (3) [ 51, 15][5 15] W H ATEV ER (3) [ 32, 12][ 6] WHATSOEVER(1) [ 81, 7] W HETHER(29) [ 17, 3][2 [22. 6] [ 23, 16] [ 36,1 [37. 16] [ 37, 19] [ 38, 39. 8] [ 4 1 , 18] [ 42,14 48. 8] [ 54, 4] [54, 7] , 10] [ 61, 24] [ 62, 5][ , 23] [ 66, 9] [ 67, 7][7 [79. 6] W H IL E ( 1) [ 30, 13] WHO' S (4) [ 38, 17] [ 40, [45, 20] W H OLE( 1) [ 33, 13] W HOSE(2) [ 34, 15] [ 44, WHY(7) [ 6, 20] [ 10, 14] , 8 ] [ 49, 11] [ 61, 9][6 W I L L ( 24) [ 6 , 23] [ 9,24 32, 23] [ 32, 25] [ 33,1 [35. 24] [ 36, 11] [ 48, [51. 25] [ 5 2 , 3 ] [ 52,4 52. 14] [ 56, 18] [ 57,5 67. 15] [ 71, 15] [ 73,1 [74. 17] W IL L I N G (1) [ 35, 19] W IT H H O LD (2) [ 9 , 16][8 W ITH O U T(3) [ 37, 15][6 5] W IT N E S S :(2) [ 27, 24][ W O N 'T ( 3) [ 11, 6 ] [ 59,8 W ORD(3) [ 57, 16] [ 75,1 W ORK( 4) [ 7 , 25] [ 44,24 69, 4] W ORKED(7) [ 26, 15][44 [ 5 9 . 25] [ 60, 8 ] [ 68,2 WORKERS(1) [ 64, 7] W ORKIN G(7) [ 18, 18][1 24] [ 19, 7 ] [ 44, 3][50 6] W O U LD N 'T (l)[45, 9] WRAP(1) [ 26, 19] W RAPPED(2) [ 26, 10][2 W R IT E (1) [ 79, 15] COURT REPORTING SERVICES (919) 832-4114