Document O1Lo1GQb5DQokZGo6gjX6QwQL

iMtw-tgaafe ZtPcsmc/^ IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION PHILIP G. PARATORE, JR. VS . MONSANTO COMPANY, ET AL I X X C. A. -NO. H-8 4-2 8 71 X X DEPOSITION OF PHILIP G. PARATORE, JR. L L November 13, 1984 Houston, Texas L Boland, O'Neal, Richer, Barnhart & Probst, Inc. L C 00355404 MAIN. SUITE StO HOUSTON, TEXAS 77002' 7U/I2J-MOO C 003555 iI l I r r i r i i i L i L L L L L l 1 inax 2 3 4 THE WITNESS5 Philip G. Paratore, Jr. 6 7 8 9 XAHIMTIQJS: 10 11 By Mr. Pike ........................................................................................... 5 12 By Ms. Quattlebaum .... .................................................. 84 13 By Mr. Cook ........................................................................ iqi 14 By Mr. Tolin ........................................................................................ 113 15 By Mr. Davis .............................................................. 132 16 By Ms. Barron ...................................................................... 17 132 18 19 20 21 22 No exhibits marked 23 24 25 BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003556 1 Appearances 2 2 3 4 For the Plaintiff: 5 Mandell & Wright 806 Main? Suite 2100 6 Houston, Texas 77002 7 By: Stephen M. Vaughan 8 9 For the Defendant, GAF: 10 Baker & Botts One Shell Plaza 11 Houston, Texas 77002 12 By: Russell W. Pike 13 14 For the Defendant, Fibreboard Corporation: 15 Weller, Wheelus & Green Fifth Floor, Petroleum Building 16 P. O. Box 350 Beaumont, Texas 77704-0350 17 By: David L. Tolin 18 19 For the Defendants, Keene Corporation 20 and Standard Insulation: 21 Mehaffy, Weber, Keith & Gonsoulin InterFirst Tower 22 P. O. Box 16 Beaumont, Texas 77704 23 By: Barbara Barron 24 25 BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 002557 1 Appearances (Continued): 3 2 For the Defendant, Combustion Engineering: 3 Sewell & Riggs 4 800 Capital Bank Plaza Houston, Texas 77002 5 By: Susan L. Bickley 6 7 For the Defendant, Armstrong World: 8 Boswell & Hallmark 9 2100 InterFirst Plaza Houston, Texas 77002 10 By: Michele Quattlebaum 11 -andTim Ferguson 12 13 For the Defendant, Pittsburgh Corning 14 Corp: 15 Mayor, Day & Caldwell Republic Bank Tower 16 Houston, Texas 77002 17 By: Ronald E. Cook 18 19 For the Defendant, Owens Corning Fiberglas 20 Fulbright & Jaworski Bank of the Southwest Building 21 Houston, Texas 77002 22 By: Britt Davis 23 24 25 BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003558 4 1 On the 13th day of November, 1984, 2 at the offices of Mandell & Wright, 806 Main, Suite 3 2100, Houston, Harris County, Texas, Philip G. 4 Paratore, Jr. appeared before us, Vickie Probst and 5 Diane S. Richer, Certified Shorthand Reporters and 6 Notaries Public in and for the State of Texas, and 7 being first duly sworn, testified by his oral 8 deposition as hereinafter set out, pursuant to notice 9 and agreement, and under the following agreement of 10 counsel for the respective parties that: 11 Without making any objection at the 12 time of taking, any party to the suit should have the 13 right at the time of trial to urge objections to 14 questions or answers appearing in the deposition; 15 The deposition may be signed before 16 any Notary Public or other officer authorized to 17 administer oaths. 18 19 20 21 22 23 24 25 BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002559 5 1 EXAMINATION BY MR. PIKE: 2 Q Sir, would you please state your name for the record? 3 A Philip George Paratore, Jr. 4 Q Have you had an opportunity to discuss this 5 deposition with your attorney so you understand the 6 procedure we're going to be following? 7 A Yes. 8 Q You realize that you are under oath and ybur answers 9 are just as though you had been sworn in, sitting in 10 the courtroom giving your testimony? 11 A Yes. 12 MS. BARRON: Could you speak up? We are 13 sitting way down here, and it's difficult to hear 14 you. 15 MR. VAUGHAN: He's going to have some 16 problem doing that because of his disease. That his 17 normal voice. I don't want to ask him to strain 18 himself. 19 Q (By Mr. Pike) If at any time I should ask you a 20 question that you don't understand and because of 21 that you can't answer it, please let me know that you 22 don't understand it, and I'll try to rephrase it so 23 we have a common understanding before you answer. 24 A Okay. 25 Q If you don't tell me that you don't understand the BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003560 6 1 question. I'll assume that you do understand it and 2 your answer is the truth under the circumstances. 3 A All right. 4 Q One other agreement we have to have is when I ask a 5 question, wait for me to finish before you answer. 6 Likewise, when you answer a question. I'll wait for 7 you to complete your answer. Do you understand that? 8 A I understand. 9 Q When you give an answer, it's got to be a verbal 10 answer. We can't record shakes of the head or 11 whatever. 12 A Yes. 13 Q At the current time are you taking any medication? 14 A Taking chemotherapy at the University of Texas 15 Medical Branch in Galveston. 16 Q Other than the chemotherapy, are you taking any 17 medication for any other condition; any prescription 18 medication? 19 A No. 20 Q When is the last time you had the chemotherapy 21 administered? 22 A The first week of November. 23 Q Is it in any way affecting your memory of your 24 ability to answer questions truthfully today? 25 A I think my memory has been somewhat clouded, and I BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC c 003561 f7 1 imagine it's from the strength of the chemotherapy 2 drugs. T 3 Q As we sit here today, are you thinking as clear as T 4 you can, or do you think the medicine is having an 5 effect on how you would answer the questions? rt 6 A No. I'm thinking clearly. It's remembering \ 7 things -- people's names and stuff like that. As far v i 8 as thinking clearly, I do that. !i 9 Q What was your date of birth? T 10 A 26th of May, 1937. 11 Q You're currently married? 1 12 A Yes. 13 Q What is your wife's name? I i x 14 A Mary Gay. f 15 Q How old is she? 16 A Forty-four. f 17 Q When did you get married to Mary Gay? I 18 A August the 12th, 1961. 19 Q Were you married to anyone prior to marrying Mary [ 20 Gay? l 21 A No. 22 Q Have you been separated at any time during your 23 marriage? i_ 24 A No. 25 Q What does your wife do as an occupation? I. I BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003562 3 1 A Housewife. 2 Q Has she ever been employed outside the home? 3 A Yes. 4 Q When is the last time she worked outside the home? 5 A She taught art at Alvin Community College. She was 6 head of the art department there in 1970 -- eight 7 years ago. Now she has art lessons at home and still 8 teaches at the college at night in continuing 9 education just once a week. 10 Q So, she's currently working out of your home, except 11 for the one night a week? 12 A Right. She's just a housewife at home. 13 Q What is the condition of her health at the current 14 time? 15 A As far as I know, she's all right. 16 Q Has she seen any doctors within the last five years 17 for any major illness or disease? 18 A Not that I can recall anything unusual. 19 Q How many children do you have? 20 A Four. 21 Q Is Philip Paratore the oldest? 22 A Yes. Philip, III. 23 Q How old is he? 24 A He's 21. He was born in 1963. 25 Q Does he still live with you? BOLAND, O'NEAL, RICHER, BARNHART & Right now he's going to Fordham University in New York, but he's going to come back to the University of Texas here in January. He's been accepted back at UT and wants to complete his senior year at UT. He's a junior in college then? Right. Is he on a scholarship? No. Does he finance his own college education? I Yes. We pay his tuition, and he works part time and pays his room and board. Do you know offhand approximately how much the tuition is per semester, per year? Gosh, I really don't khow up there at Fordham. My wife takes care of most of the finances. I have no idea really how much Fordham costs. Is Philip married? No. Does he receive any support at all from you other than his college tuition? Yes. I think my wife sends him $50 a month spending money. Has he worked during the summers while he's been going to college? Yes. C 0035C4 BOLAND, O'NEAL, RICHER, BARNHART i PROBST, INC. 1C 1 Q Does he use that money towards his college expenses 2 then? 3 A Yes. 4 Q You expect once he graduates from Fordham, he'll be 5 able to support himself financially? 6 A Well, he's going to transfer to the University of 7 Texas in Austin and graduate from there. 8 Q Assuming he graduates in another year from the 9 University of Texas, he'll be going out on his own 10 and you won't be providing any support. Is that your 11 understanding? 12 A Yes. I think he has probably three semesters left to 13 go. 14 Q Then you have a son named Patrick? 15 A Yes. 16 Q How old is he? 17 A . He's 19. 18 Q Is he working? 19 A No. He's going to college. 20 Q Where does he go to school? 21 A St. Edward's University in Austin. 22 Q What year is he in? 23 A His sophomore year. 24 Q Are you providing for his support in any way? 25 A Yes. Paying his tuition and room and board at St. C 003565 BOLAND, O'NEAL, RICHER, BARNHART t PROBST, INC 1 Edward's University. 2 Q Do you know what his tuition is or the cost of his 3 room and board? 4 A All total, it's about $3,000 a semester. I know that 5 one, but I'm not sure about Fordham. 6 Q You're paying the full $3,000 yourself? 7 A My mother has paid his tuition and room and board for 8 the last -- since he was a freshman and this 9 sophomore year. 10 Q Is it your understanding that she's going to continue 11 to pay for it while he's in college? 12 A I hope she does. As long as she will. 13 Q You have a daughter, Angela? 14 A Yes. 15 Q How old is she? 16 A She's eight. 17 Q She lives at home with you? 18 A True. 19 Q You have a daughter. Amber? 20 A Correct. 21 Q How old is he? 22 A She's six. 23 Q So, Angela and Amber are both financially dependent 24 on you and your wife? 25 A Yes. They are at home. C 003546 BOLAND, O'NEAL, RICHER, BARNBART A PROBST, INC. 12 1 Q Do you have any brothers or sisters who reside in the 2 state? 3 A I have no brothers and sisters. 4 Q You have none at all? 5 A Right. 6 Q Do you have any relatives who are involved in the 7 insulation trade or that is a pipe fitter, some type 8 of profession that would deal with asbestos 9 insulation? 10 A No. 11 Q If I understand correctly, you completed two years of 12 college? 13 A Just about, yes. 14 Q Where did you go to college at^ 15 A I went to the University of Texas for a semester. 16 That was right out of high school. Then Lamar Tech 17 in Beaumont for a year, then at night up to the 18 university of Houston just occasionally then. 19 Q What type of courses were you studying when you went 20 to college? 21 A General business courses. 22 Q Have you taken any technical courses or any other 23 vocational courses except the three colleges you have 24 named? 4 25 A Since 1978, I have had some specialized courses at BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003567 ?wiBnij!iiiiu!-ffiaa 13 Rice University. What were those courses for? For the job that I have now. They were courses in nondestructive testing. You said nondestructive testing? Yes. Can you tell me what nondestructive testing is? It's a manner of testing a piece of equipment or machinery or something without destroying it either by x-ray or magnetism, or a chemical spot test or some other way which you don't ruin the equipment. It is nondestructive to the piece of equipment. What do you do in your employment that relates to nondestructive testing? Do you supervise it? Do you personally get involved with it? I'm a corrosion inspector at Monsanto in Texas City. So, I get personally involved. Is your father alive? No. When did he die? 1969. Do you know the cause of his death? I believe it was -- not specifically -- but I believe he had a gallbladder operation, and his kidneys never did start refunctioning again due to whatever cause; BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003968 B sn lead poisoning, I believe. How old was he when he died? Oh, gosh, I guess 55. Had he ever suffered from any lung or respiratory problems that you are aware of? Not that I know of. Did he ever have a heart attack? No -- well, I'm not really sure. I don't think so. Yes, he did. I'm sorry. He had some kind of heart problem, but I don't recall. I don't think it was very serious or anything. Did he have high blood pressure or any other heart related conditions that you are aware of? Not that I'm aware of. Did he ever have any type of cancer? No. MR. VAUGHAN: Did you say the heart probl was not serious? THE WITNESS: Yes. I don't recall him being hospitalized for a long time or in bed for a long time or anything like that. (By Mr. Pike) Is your mother still alive? Yes. How old is^he? She was born in 1915, whatever that would be; BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003569 whatever that would be to now. Does she receive any kind of financial support from you? Prom me? Prom you. No. Does she, other than what you have told me about -- providing for your son's college tuition: -- does she provide any financial support to you or your wife? I think she has paid some of our medical bills. Do you have any idea what dollar amount of medical bills she has paid for you? No, I sure don't. These medical bills that she's paid, do they relate to one particular doctor? Are they applied to several doctors or hospitals? No. I think she paid some. I went to a chiropracto to flex out my back. I think she paid some of that. I think she paid a little bit on the hospital bill, but I'm not really sure how much it was. I don't think it was very much. What is your mother's full name? Mary K. Paratore. Where does she live? In Galveston. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003570 innHEi 16 1 Q Do you know what street, or do you know her address? 2 A I think it's 1823 24th Street. 3 Q What is the condition of her health, as far as you 4 know? 5 The only thing I'm aware of is that she has 6 arthritis. 7 Q Has she ever had any heart problems? 8 A A long time ago, not too long after my father died, 9 she had a little bit of heart problems and took some 10 medication. And she hasn't had any that I recall 11 lately. 12 Has she ever had any lung problems, pneumonia? 13 anything like that? 14 A Not that I know of. 15 Q Has she ever been diagnosed as having cancer? 16 A Not that I know about, no. 17 Q Is your grandfather still alive? 18 A No. 19 Q Do you know what he died of? 20 A My mother's father died of a stroke when he was -- 21 that was a long time ago. That was just right after 22 we was first married or right before we got married. 23 It was back in the early sixties. And my father's 24 father, he died way back then, too. 25 Did either your mother's father or your father's BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003571 I 1 father ever have any type of lung cancer? ^ 2 A Not that I know about, no. 17 | 3 Q Did they ever have any other type of cancer other 4 than lung cancer? 1 5 A Not that I know about, no. I think my father's 6 father may have had some kind of colon problem. That 7 was so long ago, I'm not sure. Being younger, it 8 wasn't really a big stand-out thing about my 9 grandfather because they lived in Houston and we 10 lived in Galveston. So, there was, more or less, a 11 separation there. 12 Q Are you still working at the current time? 13 A Yes. 14 Q What do you do for activities when you are not 15 working? 16 A Not at all, if I understand your question. What do 17 you mean, activities"? 18 Q When you are not at work, what do you do at home on 19 the evenings or on the weekends? 20 A Mostly lay down. 21 Q You own your own home? 22 A Yes. 23 Q Do your kids take care of the yardwork? 24 A Yes. My son comes home from college and mows the 25 grass. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003572 13 1 Q Then I guess your wife takes care of the housework? 2 A Yes. 3 Q Do you drink at all? 4 A Very little. I haven't -- I don't even recall the 5 last time I had a beer or a mixed drink. 6 Q Do you and your wife go to church? 7 A Yes. 8 Q What church do you go to? 9 A To Our Lady of Lourdes in Hitchcock, Texas. 10 Q Would you classify yourself and your wife as regular 11 attendees of church? 12 A Yes. 13 Q And you still do that today? 14 A I go sporadically now. I don't go every Sunday like 15 I should. 16 Q What is your current either salary or hourly wages 17 that you are making? 18 A I don't know the exact number, but it's around 19 $30,000 a year. 20 Q Is that an hourly wage or salary? 21 A Salary. 22 Q Do you still smoke? 23 A Occasionally; not very much. 24 Q How much do you smoke at the current time, say, on a 25 daily basis or weekly, whatever is easiest; for you to BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003573 I 1 2 3 4 5 7 8 9 10 11 12 "13 ! 14 15 " 16 17 18 19 ,20 i : 21 ; 22 j 23 24 25 19 tell me? A Two or three a day, maybe five. Just now and then; before I go to bed, say, or in the morning or the middle of the day. No particular amount, and sometimes none at all. Q How long would you say you have been smoking two or three per day? A I guess about the last year, probably. Q Prior to the last year, you had been smoking for a i long period of time, maybe 30 years. Is that about right? A Yes, since I was in high school. Q This 30-year period, except for the last year, what was your daily consumption of cigarettes? A It would probably be close to a pack a day. Q Thirty years ago when you first started smoking, can you remember what brands you used to smoke? A Oh, gosh. No, I can't recall any particular brands; you know, sticking to one back in those days. Q Back in the first part of your smoking history, there were primarily unfiltered cigarettes, weren't there? A Yes. Q Do you still smoke unfiltered cigarettes? A On the occasions I do smoke, it's mostly Kools, the mentholated Kools. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003574 I 20 1 Q Do you recall sometime in the sixties seeing warnings 2 on cigarette packages concerning possible health 3 hazards from smoking? 4 A I recall seeing advertisement about them going to be 5 put on cigarettes, but I don't recall looking for a 6 pack of cigarettes and looking for the warning on it 7 before I opened it or anything. Q Well, as we sit here today, have you seen the 9 warnings that are on packages of cigarettes? 10 A I have now, yes. 11 Q About how long ago did you first see them? 12 A I can't imagine a time. I 13 Q Would it have been before 1970? 14 A Let's see. What is this? This is '84. I imagine it 15 probably was since then, after 1970. 16 Q Sometime between 1970 and 1980, at least; right? I 17 A Yes. ! 18 Q After reading the warning on that cigarette package, L 19 did this change your habits at all concerning 20 smoking? 21 A It probably did, but I don't recall it jumping out 22 and slapping me in the face and really making me < .23 afraid. I 24 Q Do you smoke anything besides cigarettes? 25 A No. i l BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003575 iMfiiBiitiji i 21 1 Q Do you use any other tobacco products? 2 A No. 3 Q Have any of your doctors ever told you that for 4 health reasons you should quit smoking? 5 A I have had a doctor tell me that I should cut back on 6 my smoking because it was a good idea and because he 7 was in the process of stopping smoking himself. So, 8 he was trying to get all his patients to stop 9 10 11 1 ! 12 smoking, too. V__ Q What doctor told you you should quit smoking for health reasons? MR. VAUGHAN: He didn't testify anybody 13 told him to quit smoking for health reasons. He ff 14 testified a doctor told him to cut down. f . 15 A He didn't tell me not to smoke. He said, "You should 16 cut back on your smoking." I 17 Q (By Mr. Pike) Did he give you any reason why you I 18 should cut back? 19 A Not any specific reason. Just that it woiild be for I 20 \ my better health. I Q Could you tell me what doctor told you to quit L 22 smoking? < 23 MR. VAUGHAN: Nobody told him to quit f 24 smoking. c 25 MR. PIKE: Recommended that he quit. I u. L BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003576 i-- BHritnmnM?! 22 MR. VAUGHAN: Nobody recommended that he quit smoking. MR. COOK: To clarify, is it your testimony that no doctor has ever told you you should stop smoking? No doctor has ever said that to you? THE WITNESS: Not that I recall. You know, specifically sit there and say, "Don't smoke anymore." I have never had one tell me that. MR. COOK: Which doctor was it that told you to cut down? MR. VAUGHAN: We're going to go in sequence. MR. COOK: There is no reason to get this lost at this point. MR. VAUGHAN: Then counsel can ask him. (By Mr. Pike) Which doctor told you to cut down on your smoking? The family doctor. Dr. Bill Wilson. Bill Wilson is your family doctor? He's in charge of Family Practice in Galveston, and before that he was in private practice. I had gone to him then because he was a friend of my father's. So, I have just stayed with him all these years. Now he's in Family Practice out there at UTMB. Do you remember when it was he told you to cut back? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003577 I 23 1 A No. I have no idea. 2 Q Prior to Dr. Wilson being your family doctor, was Dr. 3 Doyle your family doctor? 4 A I think Dr. Doyle may have been one assigned to me in 5 Family Practice because they have a pool of doctors. 6 They practice their Family Medicine. They move on. 7 You're reassigned a new doctor. I think Dr. Doyle 8 may have been one of them I was assigned to back in 9 '82 or '81; something like that. 10 Dr. Dan Smith was with them there, too. 11 There were all kinds of doctors. There were probably 12 20 doctors down there in that Family Practice thing. 13 Q Did you serve in the military service? 14 A Just in the reserves, six-month reserve. 15 Q What branch of the service was that? 16 A In the Marines. 17 Q What did you do while you were in the Marines? 18 A I went to regular Marine boot camp for three months. 19 Then I went to combat training for a month, I think; 20 yes. Then was assigned to a regular unit in 21 Coronado, California. I think it was until that 22 six-month period was up. Then I was released and 23 came on home. 24 Q What type of unit were you assigned to in Coronado? 25 A Amphibious tractor units; amtracks. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 0035*78 24 1 Q What were your actual duties while you were serving 2 there? 3 A Just a crewman aboard an amtrack. 4 Q What does a crewman aboard an amtrack actually do? 5 A Let's see. That was a long time ago. He'll operate 6 the radio or maybe he'll drive it sometimes, or just 7 whatever assistance the driver and co-driver need. 8 Q Would he ever do repair or maintenance work on the 9 amtrack? 10 A We checked the oil and the water, but we didn't work 11 on the vehicles themselves. 12 Q They had somebody else who did that kind of work? 13 A Yes. 14 Q Did you work prior to going into the military 15 service? 16 A I worked just for my dad after school, and during the 17 summertime at an office that International Creosote 18 Company had there. I worked there for six or seven 19 months right before I went into boot camp. 20 Q Was there any reason you didn't go into the military 21 service when you first got out of school? 22 A No. The thing to do was to go to college, and that's 23 where I went; the University of Texas. 24 Q When you got out of college, were they still drafting 25 individuals at that time? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003579 25 1 A I don't know whether they were or not. That was 2 1959., '58, I went. I don't know if they were 3 drafting or not. I think if you were in college 4 then, you could get out. I'm not sure. 5 Q While you were serving in the Marines, did you ever 6 suffer any injuries? 7 A Not that Irecall. 8 Q Did you have any injuries? 9 A Oh, yes. 10 Q Go ahead. 11 A Well, just in boot camp I twisted my knee was about 12 all. It worked out; never had any problem with it 13 since. 14 Q Prior to the time you did enter the Marines, was 15 there any physical reason you couldn't have joined 16 the Marines? 17 A No. 18 Q While you were attending college -- and I don't know 19 which college it was -- did you ever suffer any back 20 injuries? 21 A At the University of Texas in PE class, I had 22 gymnastics. I was doing back flips, and I hurt -- 23 what is it -- the lumbar thorax section of my back. 24 It lasted a couple of weeks, and it was gone. It 25 never bothered me again, because the next semester I BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 00280 26 lifted weights for PE. Firgt of all, did you see a doctor when you injured your back? Yes, but I don't recall who it was. What kind of treatment did they give you for it? None that I recall. You weren't hospitalized? No. Have you ever had since the time in college recurring back problems? No. (Discussion off the record.) Well, back problems now, yes. Not from that injury, but since I have been in the chemotherapy and all since 1982, my back has bothered me and my chest. It's hard to sit still in one position. A nice soft back on a chair is real important. But no recurring back problems from your college injuries is what you're saying? No. That's true. Have you settled this case with any defendants? MR. VAUGHAN: No. Not that I know about. (By Mr. Pike) Can you remember what year you finished college and first started working? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003581 27 1 A I didn't finish college. 2 Q I mean, finished attending college. 3 A Probably it was the fall semester of 1958 because I 4 went to Marine boot camp in January of *58 or '59. I 5 don't remember what year it was. '6 Q While you were attending school, did you ever work 7 for your dad? 8 A While attending, yes. "9 Q Was this during high school and college? 10 A During high school. 11 Q Did you work for him at all while you were going to 12 college? 13 A I probably was down there, but I never did really 14 have a job to work. You might say it was something 15 for me to do for him to pay me money, you know. 16 Q You never actually did any work when you were down 17 there? 18 A Not take a job from completion; you know, from start 19 to completion. 20 Q What kind of business did your father have? 21 A He was in the automobile business. 22 Q Automobile repair? 23 A Yes. 24 Q When you would go down and spend time at your dad's 25 place, what are some of the things that you would do? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003582 28 1 A Oh, I might help just clean up, sweep up. If the I 2 body man needed some help holding something or I 3 straightening out a fender or something, I would help I 4 him do that. When the mechanics were lifting 5 something heavy, I might help them lift something I 6 heavy or move it or clean a part. Just a go-for. 7 general do nothing. 8 Q Was this a complete service repair shop? 9 A Yes. 10 Q They had tune-ups, oil change? 11 A Yes. 12 Q Would they do things like front-end alignments? 13 A Yes. 14 Q Brake work? 15 A Yes. 16 Q Most of the time you spent down there, was that 17 during the summers or was that after school or both? 18 A Both. 19 Q So, would you say you spent off and on time down 20 there for about a three-year period while you were in I 21 high school? 22 A Well, if I had something else to do, it wasn't a job I 23 I had to go to. If I wanted to go someplace else. I j 24 would. I played in the band, and we practiced after 25 school. So, I would go there maybe an hour before he ! BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003563 29 1 closed in the afternoon. That's where my mother and 2 father were, and that's where I would go after 3 school. 4 Q Then the next place you worked was International 5 Creosote? 6 A Creosote telephone poles. 7 Q How long did you work for them? 8 A Six or seven months. 9 Q This was before you went in the Marines or after? 10 A Yes, before. 11 Q What was your job title or job description while you 12 were there? 13 A They had just an office in Galveston, and I was a 14 clerk in the office there in Galveston. 15 Q So, you were doing filing, bookkeeping type work? 16 A Yes. They had had a fire at their plant in 17 Texarkana. All the records were there, and I was 18 balancing what was left and what was burned. I 19 mostly did that one job the whole time I was there. 20 I was going to be a permanent employee or steady 21 employee until I decided to go into the Marines. 22 Q While you were working for them prior to going into 23 the Marines, do you think you were ever exposed to 24 any asbestos products at that time? 25 A I have no idea. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003584 30 1 Q What kind of business is this that you were working 2 for? What did they do? 3 A This International Creosote Company? 4 Q Yes. 5 A As far as I knew, they had a plant in Beaumont where 6 the telephone poles were loaded on a car and were 7 impregnated with creosote and shipped to wherever 8 they were sold to. 9 Q They didn't do any manufacturing type work where you 10 were at? 11 A No. It was just an office. 12 Q After you got out of the Marines, you went to work 13 for Monsanto? 14 A Yes. 15 Q Was there any employer between the Marines and 16 Monsanto? 17 A No. It was just at my daddy's shop, just hanging 18 around mostly. 19 Q What was the first job you had when you went to work 20 for Monsanto? 21 A I was a production clerk in the styrene department. 22 Q This would have been around 1959? 23 A February 1959. 24 Q What were your job duties or what did you actually do 25 during the day while you were working as the BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003ES5 31 1 production cleric? 2 A Took care of personnel, keeping track of the overtime 3 the men worked and their salary and their vacation -- 4 how much vacation they had taken -- copying reports, 5 and getting figures for reports that supervision 6 turned in, and filing and general office work done in 7 the units. 8 Q This was office work inside a building? 9 A It was inside a building down in the operating area; 10 inside of several buildings. 11 Q Tell me what they did in the operating area. 12 A I don't understand. 13 Q You said it was a styrene plant at Monsanto? 14 A Yes. 15 Q You said you were near the operating area. The 16 people who you consider in the operating area, what 17 type of work were they doing? 18 A Okay. Let me see. The operators worked in the 19 control house and out amongst the equipment; out in 20 the equipment itself -- the pumps. The operators 21 controlled the flow of the material wherever they 22 wanted it to go, wherever supervision had them direct 23 it and at whatever rate they wanted to direct them. 24 Q Was this fluids going through various systems that 25 you're talking about? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003586 32 1 A it was luids going thcough pipelines. 2 Q So,.basically anything that they were working with 3 was enclosed in a pipe? 4 A Yes. 5 Q And the operating area itself was inside the 6 building? 7 A No. Just the controls were inside the building. 8 Q Was it the controls you worked near, or was it the 9 operating area that you worked near? 10 A It was a little of each. The control house was built 11 inside the units, you might say. The units was built 12 around the control house. So, you were down inside 13 the unit, but in a building inside the unit. There 14 were three different units that I had control of. I 15 worked on three different blocks. 16 Q Was the area that you were working in somewhat like 17 an accounting area? Is that how you would describe 18 it, or is there a better term to use? 19 A No. It was not like an accounting area. It was an 20 office, usually with a manufacturing supervisor or 21 foreman right in the control house with the 22 operators. My door to my office was usually open to 23 the control room with the operators, and they would 24 come in and out. It was just an office inside of a 25 big building. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003587 33 1 Q Did your, job change at all between 1959 and 1978? 2 A No. . I don't think it changed any. The scope of it 3 didn't change any. It may have gotten more complex 4 because the number of people that I worked with went 5 up. There were more men working down there in 1978 6 than there were in 1959. 7 Q But other than complexity, the general location and 8 the type work you were doing was the same over the 9 entire period? 10 A Yes. 11 Q Where you were working, were there occasions where 12 there were ever any odors or fumes or anything coming 13 from the materials they were using in the operating 14 area? 15 A Occasionally, but not very often. 16 Q Do you know what kind of materials were used in the 17 operating areas as far as what is going through the 18 pipes? 19 A They used ethylbenzene and benzene to make styrene, I 20 believe. 21 Q In your particular area there were very few occasions 22 that you ever got the odor from that? 23 A That's true. 24 Q In the operating area was there an odor that was 25 present most of the time? BOLAND, O'NEAL, RICHER, BARNHART fc PROBST, INC. C 003588 34 We were in the same building, and they may have more occasion to -- the operators may have been around it because that's their work -- than I would have because my work was inside the office building and not outside in the operating unit itself. Other than what you have described to me, were there any other types of liquids or chemicals that would flow through the pipes that you are aware of? Water and salt water are the only other two liquids I could think of. There was natural gas. Those are about the only ones I can think of that I know about. Do you know if there were any furnaces or boilers in the operating area? In one of the units I worked in, the control house was completely surrounded by furnaces that were burning natural gas. You had to walk between them to get into the control house. You say in one of the units you worked in. Is that someplace different than the styrene unit? The styrene unit was like it covered three blocks. There was an ethylbenzene and styrene and dehydrogenation, which all together makes styrene. Were the furnaces you have described to me in one of these three areas? Yes. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003589 33 1 Q which area were they in? 2 A in the dehydrogenation units. Department 16. It was 3 Department 6. Then they built some more stuff. So, 4 they called it Department 16. 5 MR. VAUGHAN: 6 and then 16. 6 Q (By Mr. Pike) Did you have to spend much time in the 7 dehydrogenation units as a part of your job? 8 A Probably half of my time was spent down there, and 9 the other half of the time it was back and forth 10 continuously. You could never say that I spent more 11 time one place than I did the other. 12 Q The time you did spend down there is when the system 13 was fully operational? 14 A Most of the time it was, yes. 15 Q To get to your office everyday, did you have to go 16 through one of these areas to reach it, either 17 styrene or ethylbenzene or the dehydrogenation? 18 A Well, the styrene area is all of those that you said. 19 It's just a general name for that area because all 20 three of those units make styrene. They all work 21 together to make one end product. 22 Q Of those three units, was there one you had to go 23 through to get to and from your office each day? A Through Department 5 and 7. When they rebuilt it, it was Department 15 and 16. BOLAND, O'NEAL, RICHER, BARNHART 6 PROBST, INC. C 003590 36 1 Q Can you tell me what Department 5 and 7 is? 2 A It's the old numbers for the styrene units. That 3 whole area, we just kind of call it the styrene 4 units. 5 MR. VAUGHAN: May I interject? I believe 6 he testified that he works in several buildings. I'm 7 not sure that you got that clearly. 8 A Yes. 9 Q (By Mr. Pike) Okay. You worked in several buildings 10 between '59 and '78. Is that correct? 11 A Yes. 12 Q I'm just talking about that time period. 13 A Yes. It's like in the east end of the plant, that 14 east end made styrene. I worked down in there. It 15 was offices in 5 and 7. It was offices down in 16 16 and another office there in 2 and 3. 17 Q Between 1959 and 1978, do you feel that you were 18 around asbestos products during that period of time? 19 A I imagine that I was because everything around there 20 was hot and was insulated. Then they built the new 21 unit which was built right there in among the whole 22 thing. It was all insulated, too. So, it came up 23 from scratch. 24 Q Were individuals actually insulating various piping 25 and heating and cooling systems during the day while BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003591 33 1 So, I have no idea where they would be. 2 Q Did you ever on any occasion get near them while they 3 were doing insulation work? 4 A Occasionally probably walking back and forth 5 between -- there's three buildings I worked in. They 6 were building new units and insulating in the pipe i 7 racks. We would stop and talk. They would be 8 insulating and here you see somebody you knew you 9 were working with, you would stop to say hi, you 10 know. 11 Q How close would you estimate you were to the 12 insulators on occasion? 13 A Just right up beside them while there are working. 14 Q But this wasn't the major portion of your work, that 15 you would be out with the insulators; correct? 16 A That's true. 17 Q Most of yours was keeping the various reports and 18 filing, accounting reports, et cetera? 19 A Yes. There were 52 operators that I had to keep 20 track of how much vacation they had left and how much 21 they had taken and their pay, their overtime. I was 22 to make out the overtime when people were missing due 23 to sickness or vacation or whatever, that their 24 eight-hour period was covered, somebody was working 25 in their place. BOLAND, O'NEAL, RICHER, BARNHART 6 PROBST, INC. C 003592 37 1 you were out in those areas? 2 A Oh, yes. I have seen them out there. 3 Q Did they have the areas roped off where they were 4 insulating? 5 A Not that I recall, no. 6 Q Do you ever recall seeing them wearing any kind of 7 protection while they were doing this work? 8 A No. They would be fitting the pieces together. And 9 they had saws, and they would saw it up an<3 make it 10 fit in there and use wire to twist it and hold- it on. 11 Q When you were noticing insulators doing this work, 12 were there any other trades working nearby? 13 A Usually after all the other trades were finished, the 14 insulation goes on last. So, there probably wouldn't 15 be any other trades working on the same area as the 16 insulator. But I don't recall an occasion like 17 you're talking about. 18 Q During these periods of time that you actually saw 19 the people installing insulation, how far away would 20 the other workers be from them? Would it be a few 21 feet? Would it be a hundred feet? What is the 22 closest you have seen other workers while they were 23 actually doing insulation work? 24 A I can't think of an answer to that question. You 25 know, I didn't schedule people to work among them. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003593 39 1 Q During the period of time you were production clerk, 2 did-you ever have any responsibility for ordering any 3 products that were used in the facility? 4 A No, sir. 5 Q In 1978 you changed positions with Monsanto; correct? 6 A Yes. 7 Q You were an engineering technician after that time? 8 A That's true. 9 Q What does an engineering technician do that is 10 different from what a production clerk did? 11 A An engineering technician in the inspection 12 department, we worked with metallurgists in 13 inspection and corrosion. It's a completely 14 different line of work. The other work was inside 15 work all the time working with people. An 16 engineering technician in the inspection and 17 corrosion department is working with the equipment. 18 Q Is this what you had to go to school for to learn how 19 to do? 20 A Yes, and learn through on-the-job training, too. 21 Q What about your duties to inspect the equipment? Did 22 you ever have to do cooling water treatment testing? 23 A I never -- I did it maybe for about a week when one 24 of our men was on vacation, but it wasn't part of my 25 duties. Someone else in the inspection department BOLAND, O'NEAL, RICHER, BARNHART C. PROBST, INC. C 003594 ES99 a 4C 1 keeps track of that. 2 Q Can. you describe to me what acoustic emission testing 3 is? 4 A It's a way to detect flaws in a pipe or a column made 5 out of steel or fiberglass without cutting it in half 6 to see if there is a crack in it or something like 7 that or without shutting down the process. You can 8 do it without making the unit quit producing the 9 product. It listens for -- we raise the pressure. 10 It's like blowing up a paperbag. You crumple up the 11 paperbag, blow it up. It will make you increase the 12 pressure inside the bag. It will make noise. You 13 can hear it. 14 You hold the pressure, and the noise should 15 stop if there is not a crack in it. Then we increase 16 the pressure a little more, and these sensors pick up 17 the noise that the metal is making. And if there is 18 a crack, it will pick up the noise of the crack 19 propagating as it moves. And we can triangulate 20 where it is pretty close, and if we do find a flaw, 21 then they will shut a unit down to look at this place 22 particularly. 23 Q That is part of your job now in the duties you 24 perform? 25 A That's one of them. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002595 41 1 Q Do you have any responsibilities for the receiving 2 area? 3 A No. 4 Q Do you have any responsibility for safety? 5 A For myself and for my co-workers just being; safe. We 6 have to give a safety -- I think we're assigned to 7 give a safety talk or lecture demonstration, each one 8 of us, once a month. And you have to do it maybe 9 once a year, once ever year and a half, two years, as 10 your turn comes back around again to give a safety 11 talk. 12 Q What is involved in the plant maintenance work that 13 you do? 14 A I'm not sure about what you mean by "plant 15 maintenance work" that I do? I don't do plant 16 maintenance work. 17 Q Do you supervise it at all? 18 A Yes. If we have a repair for maintenance to do or 19 they are welding something, we will watch it being 20 done. But we don't do it or we don't give them 21 instructions. Supervision may give them instructions 22 on how it should be done, and the craftsman does the 23 work. We look at it to see that it's done according 24 to the wishes of supervision. 25 Q So, since 1978, your work has been primarily BOLAND, 0'NEAL, RICHER, BARNHART & PROBST, INC. c 003596 42 1 inspection or supervision of others working. Is that 2 correct? 3 A And inspection of new equipment before it's brought 4 into the plant. 5 Q Are there any areas of responsibility since 1978 that 6 you have been performing which I haven't mentioned? 7 A Well, let's see. No. Not that I can think of, no. 8 Q Have you ever at any time while you have been working 9 at Monsanto become either nauseous or dizzy because 10 of some kind of fumes that you were inhaling? 11 A No. I can't recall that. 12 Q Have you filed any other lawsuits or claims because 13 of personal injury on the job or because of the 14 subject matter on which this lawsuit is filed? 15 A Never before; none at all. 16 Q Do you have a worker's compensation claim filed for 17 your alleged respiratory illnesses? 18 A I think we do, yes. 19 Q Has that worker's compensation claim been resolved, 20 or is it pending? 21 A I have no idea. 22 Q You were never a union member, were you? 23 A No. 24 MR. PIKE: Off the record a minute. 25 (Short recess.) BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003597 nma 1 43 1 Q (By Hr. Pike) Sir, you mentioned earlier you own 2 your house at the present time? 3 A Yes. 4 Q Do you have any income-producing property? 5 A No. i 6 Q Since the time that you first had seen a medical 7 practitioner for the injury on which you base this 8 lawsuit, do you have any idea what your medical * & 9 expenses have been? ~i 10 A I have absolutely no idea. 11 Q Do you have any records at home that would refresh *i 12 your recollection as to what they have been? 13 A I don't believe there is any more records at home i 14 than what we have here, you know, on display here at 15 the time. 16 Q Would those records, if you reviewed them, tell you 17 what you have spent on medical expenses to date? 18 A I guess they might if you went through there and 19 added all the numbers together. 20 Q The first time that you ever missed any work for your 21 respiratory problems was back in the period September 22 '82 to January '83? 23 A Would you say that again? I didn't understand 24 exactly. 25 Q Talking now only about your respiratory problem or BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003598 1 2 3 4 5 6 7 8 9 11 12 13 14 15 '^16 I 17 18 19 20 21 ' 22 23 24 25 44 lung problem which you made the basis of this lawsuit, in your answer to interrogatories you stated you were off work in September 1982 through January 4th, *83. A I understand. Q What other times have you been off work and not been ! paid for it that would relate to your current lung problem? A I have not been off work and not been paid !at any time by Monsanto Company. Q So, for the days that you have missed from work to see doctors, to take a deposition, whatever, you have been paid for that because you are on salary. Is that correct? A True. Q So, you have not lost any earnings to date because of your respiratory problems? A- Not any earnings. I have lost time because, like for today, for a deposition like this, I took a vacation day. Q But you get paid for today; it*s just taken as a vacation day? A Yes. (Discussion off the record.) A Okay. To clear up that lost earnings, since 1982 the BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003599 period you are talking about, my regular salary has not been interrupted. But the amount of overtime that has come up and that I haven't been able to work \ has been a great deal. There has been several shutdowns since that time, 1982 and the present, that I haven't worked overtime which I normally would have worked overtime on; shutdowns and special jobs that come up. Would the overtime work have become available primarily since you have become an engineering technician? Yes. Was there overtime work available in 1979 and 1980? Yes. Did you work overtime during 1979 and 1980? Yes. I'm sure I did. I can't recall a specific instance five years ago or six years ago that I worked, but I'm sure sometime during '79 and sometime during 1980 I did work overtime because I worked some overtime every year that I have been in the inspection department. A lot of overtime each year. During 1981, did you also work overtime? Yes. Now, it was in 1982 ~ I think it was September of that year -- that you first took some time off work BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 00300 46 1 for your respiratory problem. Is that correct? 2 A I believe it was, because I was having difficulty 3 catching my breath. 4 Q During 1982 -- I'm excluding the periods which you 5 have identified in your interrogatories as being off 6 work -- did you work overtime during January through 7 September 1982? 8 A I'm sure I did, yes. 9 Q Can you tell us approximately how many hours of 10 overtime you worked in any of the years from '79 11 through '82? 12 A How many hours? I really didn't keep track of it so 13 much in hours as so much in how much more money that 14 I made. Say, in a year's time, I might work $5,000 15 worth of overtime, whatever that would be; maybe 200 16 or 300 hours overtime. I really don't know the hours 17 involved. 18 Q In 1982 do you remember what your salary was? 19 A No. Probably in '82, probably around $27,000, 20 $28,000; normal salary, plus the overtime. I would 21 probably be bringing in close to $30,000, maybe. 22 Q Does $28,000 sound about right? 23 A It's in those numbers, yes. 24 Q So, you earned approximately $2200 in 1982 from 25 overtime work? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002601 47 1 A $2200? 2 Q Your answer to interrogatories states $30,277 was 3 your earnings. In 1982 did you have any source of 4 income other than your job at Monsanto? 5 A No -- And my wife's salary from teaching school. 6 Q I'm just referring to your salary. 7 A To myself, no. Just that one. 8 Q So, prior to September of 1982 you were still working 9 overtime; correct? 10 A Yes. 11 Q After September of 1982, did you ever work overtime 12 at all from that time forward? 13 A A very little bit. Maybe right after I came back to 14 work in the first part of '83, I have worked a little 15 bit of overtime on a shutdown one time. It was just 16 sitting and watching. It wasn't really doing 17 anything. It wasn't really physical work, because I 18 can't do much physical work now. But I did a little 19 bit of overtime then. But I haven't done any in a 20 long time now. It's been over a year, I guess. 21 Q Were there times prior to 1982 that you were offered 22 overtime, and you turned it down? 23 A I don't recall ever turning down overtime, no. 24 Q In 1984 out at the Monsanto plant where you are 25 working, is there still overtime available? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002602 it* HI *11111! 48 1 A Yes. There has been several shutdowns this year, and 2 my- fellow workers, the guys I work with, have made an 3 extra $3,000 to $4,000 so far this year. And there 4 is still another shutdown scheduled here in November 5 and December. This has been an exceptional year. 6 Q Is it correct that you have never personally worked 7 with asbestos-containing insulation products? 8 A Not that I know about. 9 Q Tell me exactly how you allege you were exposed to 10 asbestos-containing products? 11 A There was asbestos being used around the plant to 12 cover columns with and cover the equipment with, be 13 it operating equipment or piping. And I was in this 14 area where all of this was happening and going on all 15 around me. Prom 1959 to 1978 is when I was stationed 16 there in that area eight hours a day. 17 Q Is there any other time that you think you would have 18 been exposed to asbestos-containing products? 19 A I can't think of any other place I would come in 20 contact with the material. 21 Q And you don't know from your own personal knowledge 22 what products you were exposed to, do you? 23 A No. 24 Q In response to defendants' interrogatories, you 25 provided us a list of various manufacturers and BOLAND, O'NEAL, RICHER, BARNHART INC. 49 1 products. In preparing that list, did you rely on 2 the-knowledge or information of other individuals? 3 This is the list right here. 4 A Yes. I'm sure all of these names and companies were 5 names known to the insulator crafts and everybody 6 else, and were passed on from that knowledge to this 7 list here. 8 Q The list which you have provided us there, did you 9 type that yourself or did someone else type it for 10 you? 11 A No, sir. I did not type it. I don't know who typed 12 it. 13 Q Did you make up that list? 14 A No, sir. I didn't. 15 Q Have you ever seen it before? 16 A Yes, sir. I have. 17 Q Have you reviewed it, and do you have any personal 18 knowledge of whether it's correct or not? 19 A - No, sir. I sure don't know whether it's correct or 20 not. I know it's a list probably from talking with 21 the insulators. It's a list probably of all of the 22 insulating material that's used in the plant. 23 MR. VAUGHAN: He knows it's correct in the 24 sense that others have told him it's correct. 25 A I have been told, but I don't know what is used in BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003604 i 50 1 the plant. 2 Q (By Mr. Pike) Prior to this list being prepared, did 3 you talk to insulators in the plant who told you what 4 products were used in the plant? 5 A Prior to that list being made? I talked to 6 insulators, and they told me asbestos was being used 7 in the plant. 8 Q Did the insulators tell you what products were being 9 used in the plant? 10 A No. What companies, you mean, or what products such 11 as asbestos as compared to something else? 12 Q What companies; what brand names? 13 A Brand names? No brands names other than asbestos as 14 a general cover-all for all covering. 15 Q In preparing this list, did you have insulators where 16 you work give the information directly to your 17 attorney? 18 A I didn't have them give it directly to my attorney. 19 My attorney arranged to get the information. 20 Q Do you know the individuals who provided the input to 21 this list? 22 A There is a list of individuals in that questionnaire 23 you have there, in the interrogatories, that I know 24 most of them. 25 Q Okay. The list of individuals which you have BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003605 i 51 1 identified as witnesses who were exposed to the 2 products, did' they all work at Monsanto? 3 A As far as I know, they did or do at the present time. 4 MR. VAUGHAN: Do or did work at Monsanto. 5 Q (By Mr. Pike) Are there any individuals on this list 6 who never worked in the styrene plant while you were 7 working there? 8 A I'm not sure of the question. ^9 Q You have identified 28 witnesses who can tell us what 10 products were being used at Monsanto. Did all these 11 witnesses work in the styrene plant where you worked? 12 A I have no idea if all of them worked there 13 individually, other than they were assigned to go 14 different places at different times. They weren't 15 assigned to an area. They may work in styrene today, 16 this morning, and this afternoon work someplace else. 17 So, they probably just throughout the years have all 18 been everywhere. Q Can you tell me the first time you were hospitalized 20 for any reason? 21 A Oh, gosh; That was probably when I had my tonsils 22 out when I was a little-bitty child. 23 Q Other than your tonsils, what was the first time you 24 were hospitalized for an injury? 25 A In 1965 I had a lung collapse. I was hospitalized BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003606 i ^ .i.. 52 for, I guess, four or five days; not very long. Then 1 was home for two weeks, two or three weeks. Then i went back to work. I recovered from then. Where were you hospitalized at? In Galveston at St. Mary's Hospital. Who was your doctor at that time? Dr. Bill Wilson and Dr. Dan Smith. They were together then. What other times have you been hospitalized other than what might relate to your current condition? None other. Did you at one time suffer from a broken leg? I broke the small bone in the bottom half of my leg -- the fibula, I think it is -- playing football with some teenagers. Were you hospitalized for that? No. Just went to the emergency room, and they put a cast on it. You were playing football with teenagers? Yes. Do you remember what year that was? Let's see. About 1972, along there. My children were still too small. The boys were small. Do you remember the doctor's name who treated that? No. At the emergency room was whoever was on call at BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003607 53 1 Galveston County. That was the Galveston County 2 Memorial Hospital. We went there. Then I went to a 3 doctor in Alta Loma there by the name of Dr. Anders. 4 He just looked at it. There was nothing he could do 1 5 with it. He took the cast off and took the x-rays 1 6 was about all. 7 Q Have you ever seen a doctor for any medical problems 8 other than the problems relating to your lungs? ] 9 A Nothing but the flu or sinus trouble or some minor 10 .difficulty like that that I can't think of right now. I 11 Q Have you ever had pneumonia? 12 A No, not that Z know of. 13 Q Have you ever had bronchitis? 14 A I'm sure I have, yes, which is just, you know, a cold 15 to me. It's not a big deal. 16 Q Has any doctor told you that you have had bronchitis / 17 at some time? 18 A Not specifically that I can recall. 19 Q Have you ever had any heart problems or any problems 20 relating to your circulation or -- 21 A At one time about in 1976, '77, '78 -- something like 22 that -- my blood pressure was a little high. And the 23 doctor put me on some blood pressure pills. I took 24 them for a while. And my wife put me on a diet, and 25 they cut back on my salt and watched the food I was BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003608 54 eating. And my blood pressure stabilized, land the doctor didn't give me the pills anymore because my blood pressure was good. You said this was around 1976? '76 or '77. I don't recall the exact date. Which doctor was that? Dr. Bill Wilson. Have you ever seen a Dr. Stiglich? Stiglich? She was one of the physicians that was in training in Family Practice training at th6 time I was in the hospital. She has since passed through that phase of her career and moved on to some other location. I have no idea where she is. Was she actually treating you, or was she observing someone else treating you? She was more or less under Dr. Wilson's direct command. He was her teacher, observer, and she was the one right below him talcing care of me at the time. You might say Dr. Wilson was the doctor, and she was doing his work for him. You told me about your lung collapse in 1965. Right. How long were^ou hospitalized with that? It wasn't very long. Four or five days, at the most. I think it seems like I can remember like after four BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003609 I 55 1 days it was back up like 80 percent of what it should 2 have been; you know, full capacity. He sent me on 3 home. i was home a couple of weeks. It was all back 4 up. 5 Q While you were in the hospital, can you tell me what 6 kind of treatment they gave you? 7 A No. I can't recall any treatment. 8 Q Was there any medication that they gave you? 9 A I have no idea. I don't recall. 10 Q When you left the hospital, did they give you any 11 specific instructions or prescribe any medications 12 for you? 13 A I don't recall any specific medications. Just take 14 it easy; don't lift anything heavy; you know, 15 exercise a little bit; do some walking. I walked 16 around the pasture. My mother's got ten acres of 17 land there. I just walked around it; walked to the 18 road and back. 19 Q Did Dr. Wilson ever give you any reason why this 20 occurred? 21 A Yes. I remember my wife asking him what caused it. 22 It happened to me one morning. I just sat up on the 23 edge of the bed and had this pain in my chest. I 24 thought it was a heart attack. So, I didn't tell 25 her. I just drove on to the hospital. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003610 1 56 1 She talked to him, and he said it was a 2 lip, is what he called it. It was like a little air 1 3 bubble that popped and over-pressured the lung and 1 4 forced it down. He said it was not uncommon in men 5 at that age for it to happen. a6 Then after I got back to work, I found out 1 7 it happened to my boss when he was helping his wife 8 hanging clothes. To one of the operators, it 1 9 happened out there at the plant. Not from any blow 10 or anything else, it just popped, collapsed. 1 11 Q About the time that you had the lung collapse, did 1 12 you also receive any treatment for hypertension? 13 A No. 1 14 MR. VAUGHAN: That's blood pressure. I 15 A No. 16 Q (By Mr. Pike) As we sit here today, what are your I 17 present complaints as far as any problems relating to I 18 your respiratory system or your lungs? 19 A Well, I get short of breath. My lung capacity is I 20 probably, from viewing the x-rays myself, I can see I 21 that the left side is less capacity than the right 22 side. I 23 Q What I'm asking you is to just tell me what physical F 24 complaints you have as we're sitting here today. 25 A Okay. Shortness of breath, my chest and my back hurt f BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003611 57 1 all the time. My chest tingles like the same feeling 2 aa you have when your foot is asleep, but in my 3 chest. It's just a feeling of pain in my chest in 4 back all the time. Weakness from not being able to 5 exercise or keep my strength built up physically. 6 And, of course, all of this weighing on my mind. You 7 know, of course, my head being bald, too, I'm cold 8 all the time. And this is caused from the 9 chemotherapy; loss of the hair. That's probably why 10 I have got the jacket on, because I'm cold. 11 Q Do you have a cough at all? 12 A No, not caused from my chest. 13 Q Do you have any headaches or dizziness that you 14 attribute to your chest problems? 15 A No. 16 Q Shortness of breath, chest pain, weakness. Is that 17 correct? 18 A And back pain. 19 MR. VAUGHAN: His chest tingles, and also 20 he mentioned knowing of the illness and the problems 21 he has. 22 A Yes. I just think about it. I try to think 23 positively, of course. 24 Q (By Mr. Pike) The shortness of breath, can you tell 25 me when you first noticed that you had some shortness BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003612 58 1 of breath? 2 A That was in September 1982, the first time it really, 3 I guess, where I noticed it. 4 Q Prior to September of 1982, you hadn't noticed any 5 shortness of breath; correct? 6 A Not any shortness of breath that I recall, other than 7 noticing it at work. You get out of breath from 8 climbing up a ladder or going somewhere, and you sit 9 down and recover in a minute or two and then you're 10 ready to go again. 11 Q Back in September of 1982, were yourequired to do 12 any climbing on your job? 13 A Yes. 14 Q What did you have to climb? 15 A On the day I noticed the shortness of breath, I was 16 climbing up the side of a tall column on the ladder, 17 on the side of the column. I climbed up. It's 18 probably 80 or 90 feet high, I guess, in two or three 19 sections. 20 When I got to the top, I was out of breath 21 that little bit from climbing. I just couldn't catch 22 my breath as quickly as I should have, and Iwas just 23 tuckered out. But I was already up there. So, I 24 went ahead and did the job I was supposed to do with 25 this other technician. Then we finished, and I came BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003613 59 1 on down the ladder. 2 Q In your current job as an inspector, do you still 3 have to do climbing? 4 A I haven't lately. They have been assigning that type 5 of work to someone else and letting me do the easy 6 stuff, you might say; stuff on the ground. 7 Q How long was it ago that you had to do some climbing 8 in your job? 9 A Oh, gosh. I guess it's been seven or eight or nine 10 months since I even climbed stairs out there. It's 11 been a long time. I can go up stairs, but I have to 12 rest up at each level, catch my breath and go ahead 13 on. 14 Q Seven to nine months ago when you had to do it, were 15 you able to do it? 16 A Pretty well. 17 Q With resting? 18 A With resting in between. It would be harder now than 19 it was then. 20 Q When did the chest pain first start that you complain 21 of today? 22 A The pain I complain of today started after I was 23 operated on for the exploratory surgery, I guess you 24 would call it. 25 Q This was sometime late in 1982? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003614 i 60 1 A in November. 2 Q Prior to that- time, did you have any chest pain that 3 you noticed? 4 A Yes. I had been to the doctor, I guess, before 5 that -- I don't remember when -- telling him that I 6 just didn't feel good. My chest and my back felt 7 funny. He gave me some muscle relaxant pills at 8 first. It was a young doctor out there at Family 9 Practice. It wasn't Dr. Wilson. It was one that had 10 been assigned to me. I think that was the Dr. Doyle 11 that you were talking about earlier. 12 I went out there a couple of times. I 13 said, "No. Those pills didn't help." He changed 14 prescriptions. I think he gave me some other 15 prescription for muscle relaxants. I think I went 16 there twice before I went down there and they put me 17 in the hospital. 18 Q The chest pain that you had prior to the surgery, was 19 that a dull pain or sharp pain, or how would you 20 describe it? 21 A It felt like a bruise. It felt like I had been hit 22 in the chest with a fist. And what happens 23 afterwards -- not being out of breath from the hit -- 24 but after the hit, you might say, just a dull pain 25 just right close to the surface, it felt like. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003615 61 1 Was this pain on the front of the chest or was it 2 near your back? 3 It seems like it was in the back part of my shoulders 4 along this left side. 5 Was there one side in particular it was on;or any 6 general location? 7 It was mostly on my left side is where it bothered 8 me.. 9 Q This is still prior to your surgery, was it in the 10 upper portion of your chest or was it in the lower 11 portion? 12 A Just generally the whole side just kind of! felt a 13 slight stinging. I don't know how you describe it. 14 Almost like you would imagine pleurisy or something 15 like that when you cough real hard or something, how 16 your chest just kind of feels funny. 17 Q Prior to your surgery in November of 1982, were you 18 suffering from any back pain? 19 A Just from what I thought was back pain that I had 20 seen a doctor about before that he gave me the muscle 21 relaxants for. It turned out to be, you know, that 22 wasn't the back pain. It was the chest, the lining, 23 that was causing the pain. 24 Q The back pain that you describe, is that similar to 25 the way you describe your chest pain as a bruised BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003616 i 62 1 area, dull, or was there some difference in the type 2 of pain? 3 A No. It felt about the same, front and back. It felt 4 like you had been hit. 5 Q Was this also on the left side? 6 A Yes. 7 Q So, prior to your surgery, you didn't have any pain 8 in your chest or in your back on the right side. Is 9 that correct? 10 A That's true. 11 Q Now -- 12 A On the right side, yes. 13 Q The chest tingling that you're talking about, this 14 occurred after the surgery in November of '82? 15 A Yes. 16 Q Prior to the time you had the surgery in November of 17 1982, did you notice any fatigue or weakness at that 18 time? 19 A Prior to the surgery, you say? 20 Q Yes. 21 A Yes. That's why I went to the doctor, because I 22 climbed up that ladder and was out of breath and was 23 tired and couldn't catch my breath. My wife took me 24 to the doctor. 25 Q You say "going to the doctor." This is the time BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002617 63 prior to the surgery that the doctor gave you muscle relaxants? No. It was right near the end of September when I went. In September what doctor did you see; September of 1982? I think Dr. Wilson and another doctor came out there? Dr. Howard and Dr. Stiglich. Just whoever was working with him at the hospital that day. Dr. Wilson, he was in private practice? At one time he was in private practice. In 1982 was he in private practice, or was he associated with a group? He was associated. He was a director of Family Practice medicine and the teaching end of it. Was that at the University of Texas -- Medical Branch in Galveston. Was Dr. Barbara Thompson also associated with Family Practice at UTMB? I think I remember Barbara, Dr. Thompson, yes. When you first went to see Dr. Wilson in September of 1982, what kind of examination did he perform on you? I think we met him -- I don't remember if we met him and went to his office or went to the emergency room or where. But it seems like he looked at me and BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003618 i 64 1 talked to me and asked me how I felt/ and you know 2 how-they thump on your back and stuff like that. I'm 3 sure he had me put in the hospital. I went in the 4 hospital that same day I went in. 5 Q Did he take a medical history from you at that time? 6 A He was my family doctor. So, he had a back history 7 on me. 8 Q Did he give you x-rays at that time? 9 A I'm sure they did at St. Mary's so they could see if 10 there was fluid in between the pleuras on the left 11 side. 12 Q At the time you went to see him in September of 1982/ 13 did he put you in the hospital immediately/ like 14 within a day or the next day? 15 A I believe it was the same day, yes. 16 Q ' In 1982 when you went to see Dr. Wilson, you had a 17 chest pain on the left side. Is this correct? 18 A Well, I was out of breath. It was like on a 19 Wednesday I climbed this column and had trouble 20 catching my breath. And Thursday I stayed home from 21 work because I just didn't feel good. I had a 22 tingling in my chest, a slight pain in my chest and 23 back. 24 I was laying on the couch. I went out to 25 my mother-in-law's car that morning to get her BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003619 laundry out and bring it in the house. I was tuckered out when I brought it back in. I just walked and got it from the car. My wife said, "Something is the matter," and put me in the car and brought me to Galveston to the doctor's office. And he put me in that same time. Didn't you tell me earlier that prior to seeing Dr. Wilson you had seen another doctor and you had chest pain on one side? That wasn't in September. That was, I think, in August; maybe the first week in September. Between August and September when you did see Dr. Wilson, did the chest pain go away or was it still present when you first went to see Dr. Wilson? It was still present. Was there any difference between the chest pain you had in September of '82 when you saw Dr. Wilson and the type of chest pain you had when your lung collapsed in 1965? Yes.* The chest pain I had in 1965 was a very severe pain. I always described it to someone as if you drove a stake through your chest and out your back. It was at this kind of an angle down from here to just below your shoulder blade and back on the left side. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 002620 i 66 1 Q If you can remember, did Dr. Wilson ask you to 2 describe the kind of chest pain you had when your 3 lung collapsed when he saw you in September of '82? 4 A Say that again. I didn't understand. 5 Q In September of '82 you had some kind of chest pain 6 at the time you went to see Dr. Wilson. Did he ask 7 you at all what kind of chest pain you had back when 8 your lung collapsed? 9 A No. I went to see Dr. Wilson in September of '82 10 more because I was having shortness of breath than 11 because my chest hurt. 12 Q When you actually went into St. Mary's in September 13 of 1982, was Dr. Wilson your physician or was there 14 another doctor who treated you in the hospital? 15 A Dr. Wilson is the administrator of this Family 16 Practice, and he has very few private patients of his 17 own. So, I'm sure -- well, he did show up there. 18 And Dr. Dan Smith was there. 19 I'm sure there were several other doctors 20 who I don't recall there at the same time. The whole 21 group, as they were in their learning time, they all 22 came through there. 23 Q When you were admitted in September of '82, how long 24 did you stay in the hospital at that time? 25 A I think it was about a week the first time I was in BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003621 67 1 there, and they drained fluid off the left side. 2 Q Other than draining the fluid, the first time you 3 were hospitalized at the end of September of 1982, 4 did they do anything else to you, perform any other 5 procedures that you can remember? 6 A Yes. I think they -- it was either the first time I 7 went in or the second time I went in -- they gave me, 8 . they called it, inhalation therapy where they had me 9 breathe through my mouth a particular type of 10 medicine or concoction and gas and tried to make me 11 cough something up. And I wouldn't cough up any 12 phlegm or anything else. 13 Q When you actually went into St. Mary's, did someone 14 take a medical history from you again at that time? 15 A I'm sure they did just for their entrance permission 16 or whatever you call it. 17 Q Would this have been a Dr. Thompson who would have? 18 A It could have been, yes. 19 Q Was Dr. Thompson the primary physician who treated 20 you while you were in the hospital? 21 A No. It would probably be a combination of several 22 doctors with Dr. Stiglich, and Dr. Wilson as the 23 overseer. And there would be Dr. Stiglich, and I 24 think there is a Dr. Howard over there, too. He may 25 be gone. I'm not sure. Dr. Thompson may have been BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003622 I 63 1 there. There was always several doctors in there 2 together at the same time. 3 Q Did any of the doctors at the time you were admitted 4 in 1982 ask you any questions about the type of work 5 you did? 6 A Not that I can recall, no. 7 Q Did they ask you about any chemicals that you might 8 have been exposed to while working? 9 A Not that I can specifically recall. 10 Q Did they ask you if you were ever exposed to any 11 welding or sandblasting operations or anything like 12 that? 13 A No, not that I can recall specifically asking me 14 about things like that. 15 Q Were you ever asked about any exposure to asbestos at 16 that time? 17 A No. 18 Q Did you tell the doctors anything about possible 19 exposure to asbestos when you were admitted in 20 September 1982? 21 A I hadn't. No, I didn't. I had no idea about 22 asbestos. 23 Q The first time you were admitted in September of 24 1982, did they do any type of surgery at all on you 25 other than draining the fluid? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003623 69 1 A Not any surgery* no. But to drain the fluid* they 2 stuck a needle between my ribs and back, and fluid 3 drained out into a vacuum bottle right there beside 4 the bed. That was the only thing they entered my 5 body with, you know* as surgery would be an entry 6 into your body. 7 Q At the time you left the hospital* a week, two weeks 8 later* did the doctor verbally tell you any diagnosis 9 of what your problem was? 10 A No. I asked Or. Wilson what caused the fluid. He 11 said he didn't know. I had a cold* you know, a 12 couple of weeks before. He said maybe it's'from that 13 cold; you just built up some fluid in your lungs* in 14 your linings*^ that didn't absorb. As far as I know* 15 he was as surprised as Z was when it came back when I 16 had to go back to him two weeks later for another 17 liter and a half of fluid in my left side. 18 Q Did you ever receive any written report from Dr. 19 Thompson or Dr. Wilson, any of the doctors who 20 treated you at that time? 21 A No. I never received any written report. 22 Q When was the next time after you left the hospital in 23 early October of 1982 that you went back to see one 24 of the doctors* either Thompson or Wilson or whoever 25 treated you? BOLAND, O'NEAL* RICHER* BARNHART & PROBST, INC. C 003624 1 70 The first time I went into the hospital and they drained the fluid. I stayed about a week. They sent me home. It was about two weeks after that that I went back to the doctor complaining about my side again. They x-rayed, and sure enough, there was fluid back on that side again. And then that time they cut into my side and surgically put a tube inside to let it drain. I stayed in a week with a tube in. When you went back to the doctor -- It was from there to the hospital. (Short recess.) BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002625 Between the period of time when you first went in the hospital and the second time when you went in the hospital, did you go back to work during that period of time? No. I don't believe I did. No, I didn't. I stayed home for that two week -- about two week period, or week and a half, whatever it was. Okay. Did your physical complaints change any between September of '82 and November of '182 when you went back in the hospital? My physical? You described certain1 complaints that you had prior to the end of September 1982 when you went in the hospital. Oh, well, my shortness -- Were they any different in November when you were rehospitalized? After the first time I was in and they drained the ! fluid off my lungs, naturally I felt better because I could breathe better. And I felt pretty good for a couple of weeks. Then I got back to where I was feeling that same way again is why I went back to him the second time. And they x-rayed me and found the fluid had built back up again on the left side. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003626 I At the time you went back -- excuse me. That was, say, sometime in October because it was at the end of the September that I went to him, I think. At the time you went back and the fluid had built up again, did any doctor that you saw give you any reason for the fluid buildup? The first time when I went to visit him, I asked him when they drew the fluid out. Like I said awhile ago, he didn't know why the fluid had built up. And he thought maybe it was something from a cold I had had from a couple of weeks before, but he didn't have any -- he didn't know what caused it himself. Okay. At this time you had some weakness, I think you told us. Were you suffering from shortness of breath at this time? That's why I went to the doctor because I was short of breath, yes. So, when you went back to see Dr. Wilson, you told him you were short of breath? 7es, and I was feeling like I was before. When you went in the hospital the second time in November of 1982, did they drain your chest of fluid again? 1 went in, say, right at the end of September, and BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003627 they drained fluid with a needle. Then a couple of weeks later, I went back in feeling the same way and they -- he put me in the hospital and put a tube in my side and drained fluid then. Then in November when I went in with fluid again, that's when they decided -- Dr. Wilson decided to operate and find out what's causing this to happen. And he called in Dr. Derrick to operate and see what's causing the fluid to build up in there. So, by the time Dr. Derrick did his surgery, you had been in the^hospital two previous times and this was the third time? I really don't know who inserted the tube in my side, whether it was Dr. Derrick or Dr. Wilson or whether that comes under Family Practice medicine or not. You went in the hospital, and they did the biopsies -- was that the third time in the hospital or the second? The third time I went into the hospital is when Dr. Derrick took the biopsies off my pleura. When you went in the hospital for the third time, did they do anything other than take the biopsies? Inserted a tube in my side to drain the fluid with. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003e28 I And then just after about a week after that, then they decided to put -- oh, I forget what it is; sulfur -- put in a chemical that seared the lining of my pleuras together. MR. VAUGHAN: Nitrogen -- MS. QUATTLEBAUM: Nitrogen and mustard. (By Mr. Pike) Okay. Prior to your leaving the hospital, did anyone tell you a diagnosis of what they had found or anything? No. That was like the early part after November; 9th or 10th of November, something like that. And he didn't give me any diagnosis. He said they took a biopsy of the pleura and sent it off and that they would let me know what it was. I don't know where, they went. To the UTMB or -- ! MR. VAUGHAN: Just answer the question. THE WITNESS: Okay. (By Mr. Pike) After you left the hospital, did you get any kind of written report or letter from one of the doctors informing you of what they had found? No. I never got a written report that they mailed to my house. when was the first time that you were told what they had found when they had done the biopsies on you in the hospital in November of 1982? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003629 l liiUlmmmuhai 74 I think it was Thanksgiving Day or the day before Thanksgiving of 1982; November. Did you go see a doctor on that day* or did they call you, or how did you find out what the results were? Dr. Wilson called my house and told my wife. Okay. And it stands out in your mind because it was the day before Thanksgiving as to when he called you? Well, it stands out in my mind because that's when he told me that I had a -- that's when we knew or he said I had a malignancy. At the time he called you, did he tell you what treatment that they would be giving you? No. I think he didn't -- he doesn't deal in chemotherapy. I think he said he would give me an appointment with Dr. Constanzi who is an oncologist at UTMB, and that he would take over from there. When Dr. Wilson told you what the results of the biopsy were, can you remember exactly what he told you? You said there was a malignancy. Did he tell you anything else they had found? He talked to my wife on the phone. Actually he didn't really talk to me. He told my wife I had -- that the biopsies did turn up malignant, and that it BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003C30 I 75 was a cancer on my pleuras of my lung. But defining it further than that, I don't know whether he actually did then or whether it was in his reports later or whether he told her it was mesothelioma over the telephone. I think he may have told her over the telephone that it was mesothelioma and that he was -- would get me an appointment with Dr. Constanzi. Up to the time that you learned of the results of that examination, had Dr. Wilson or any other doctor ever told you what the cause of this malignancy might be? Until after the operation and they had the biopsies done. Dr. Wilson probably didn't know that it was, you know, a malignancy. Okay. But you told me that the evening before Thanksgiving or the day before Thanksgiving in 1982 you learned that the results showed there was a malignancy; is that correct? True, yes. Up to and including the time that you learned that, had any doctor told you that your condition was in any way related to exposure to asbestos? I may have been asked had I worked around asbestos. MR. VAUGHAN: Answer the question. Don't BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002631 I 76 1 answer any other question. The question is; Had 2 you been told? 3 A No. I hadn't been told. 4 Q (By Mr. Pike) Up to this period of time, can you 5 recall any doctors you had been treated by who you 6 had told that you had been exposed to asbestos? 7 A I'm sorry. I was disturbed. 8 Q Okay. Any of the doctors who had treated you for 9 your lung condition up to this time, had you 10 discussed any exposure to asbestos with any of them? 11 A I'm sure that in taking their history of me, one of 12 them may have asked me or they did ask me! probably 13 all questions about what kind of work I did, trying 14 to -- you know, trying to figure out what it was. 15 And I'm sure that they asked me if, you know, in 16 their searching had I ever been around asbestos. 17 And there's no telling (indicating). 18 Q Did Dr. Wilson tell you if the biopsies revealed any 19 asbestos fibers or any asbestos-containing bodies in 20 the sample that had been taken? 21 A No. He told my wife that I had -- that the cells -- 22 the thing was positive that I had cancer cells in 23 there. But I don't know anything about him saying 24 anything about asbestos at that time. 25 Q Okay. Prior to the time of this passing of BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003632 1 information concerning the results of the biopsy and the time you first saw Dr. Constanzi -- Constanzi. -- there was about a one month period. Did you go back and see any doctors during that period? I'm sure I went -- well, of course, after the surgery I went back, say, a week or so or ten days later to have him look at my side and see how it looked and just for that purpose, but not for feeling bad or anything. Not for being sick, you might say; just to check on my surgery, see how it was coming along. When did you first see Dr. Constanzi? I think it was in January of '83 because it seemed like a long time. Would it perhaps have been closer to the middle of December '82? No. I don't really recall the first day I went to see him. I'm thinking January of -- it was January, but I couldn't say for sure the date. What did Dr. Constanzi tell you about the type of treatment they would be giving you? He told me I would be taking chemotherapy and told me about the different drugs that they put in. And he took, of course, a chest x-ray at the time so he BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003633 i 78 1 would have his beginning record of how my chest 2 l'ooked and just what he thought about it and 3 everything else. 4 Q He put you on a treatment program then? 5 A Yes. 6 Q How frequently since December of '82 have you had to 7 go see Dr. Constanzi? 8 A Well, I don't know that it was December. It still 9 seems like it was January. Whenever. 10 Q Okay. January; whenever your best memory is. 11 A Yes. It was at first every three weeks I would go 12 in for a treatment, and then it extended out to 13 every four weeks. After, oh, six or seven months I 14 guess they extended out to every four weeks. And I 15 have been going since then every four weeks for a 16 treatment. 17 Q Okay. Since you started this treatment, have you 18 noticed any change in your fatigue or weakness? 19 A Not being able to exercise, I notice I'm not as 20 strong as I was. And it affects the -- you know, 21 how much I feel like doing things, or how much I 22 don't feel like doing things. 23 Q Has your shortness of breath improved or stayed the 24 same since you started this treatment? 25 A The shortness of breath is probably -- I have BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003634 I 79 probably become more affected by shortness of breath since the treatment started. Okay. You described earlier it was either a chest or a back tingling. Did that start after you started the treatment with Dr. Constanzi? Well, it started after the surgery. Prior to the time you went on the treatments with Dr. Constanzi? As much as I can remember, yes. At the current time you continue to see him every four weeks or -- Four weeks, yes. Has he given you any indication of how much longer you will take the treatment? No, he hasn't. Have you had any other illnesses or surgery since you started the treatment with Dr. Constanzi? No, I haven't other than a cold. I had a real bad cold the summer after I started treatment. It was just a summer cold, real bad cold. That's about all. Did you go see a doctor for that cold? Yes. Which doctor did you see? I think I went to Dr. Wilson. And they're at Family BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003635 i 80 1 Practice. 2 Q Have you ever seen a Dr. Fuller? 3 A Fuller? 4 Q Yes. 5 A I may have at Family Practice. 6 Q Have you had any other surgery since you started the 7 treatment? 8 A No. 9 Q Other than treatments with Dr. Constanzi, do you 10 have scheduled any other appointments with any other 11 doctors at the current time? 12 A Just occasionally -- maybe once a week or so -- I'll 13 go to a chiropractor that helps my back. She rubs 14 the muscles in my back and pops my back and my neck 15 to try to help me walk up-straightf keep my back 16 straight* because I tend to favor this left side. 17 Q How long have you been going to the chiropractor? 18 A Well* I guess -- I'm really not sure. Maybe six or 19 seven months, something like that. 20 Q So* it's basically recent? 21 A Yes. 22 Q What is the chiropractor's name you have been 23 seeing? 24 A Glasin. Dr. Glasin* in Alto Loma. 25 Q Where is he located? BOLAND* O'NEAL, RICHER* BARNHART & PROBST, INC. c 003636 81 1 A It's a she. She is located in Alta Loma or in Santa 2 Fe really is the name of the town. 3 Q Has any doctor that you have ever seen told you what 4 the cause is of the malignancy that was diagnosed in 5 November of 1982? 6 A I believe I heard it from Dr. Wilson that it's 7 caused from asbestos or it is an asbestos-related or 8 only caused by asbestos. 9 Q Do you remember when Dr. Wilson told you this? 10 A No. I sure don't. It just seemed like it's in my 11 mind that I heard it. 1 *12 Q Did he tell you that your malignancy was caused by 13 an asbestos exposure or that that was one of the 1 14 causes of the type malignancy you have? 1 15 A It seems as if I can recall that it was just / 16 asbestos is the cause of this type of a malignancy. 17 Just one for one. ,8 Q How long have you been married to your wife now? 19 A Since 1961, August. 20 Q Would you describe your marriage as a good one? 21 A Oh, absolutely. 22 Q Have you had any problems in your marriage that you 23 attribute to your respiratory problem? 24 A I have no problems in my marriage at all. 25 Q Okay. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002637 82 1 A And, you know, the relationship between husband and 2 wife has been perfect. 3 MR. VAUGHAN: I don't think he understands 4 the question. Counselor. If you are talking about 5 loss of consortium, you better ask him about that 6 more specifically. 5 7 A Yes, emotionally I mean -- you know, in love-making 8 and playing around with your wife and wrestling with 9 your children. We made love frequently before I was 10 operated on, and now it's seldom because it hurts my 11 chest and I'm out of breath. 12 Q (By Mr. Pike) If there is any difference in your 13 relationship with your wife or your children, is 14 your surgery in November 1982 somewhat the date that 15 you can tell a difference prior to that time and 16 after it? 17 A That would ~ of course, being sick and in the 18 hospital would be a time lag when you would be able 19 to have relations with your wife and then the 20 recovery period you have more frequently or, you 21 know, more frequently than the time when you were 22 sick in the hospital. And then as time goes on, you 23 get -- the frequency slows down. 24 Q How frequently would you and your wife have 25 intercourse prior to the time of your surgery in BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003638 1 November of 1982? 83 2 A Qh, gosh. Probably three or four times a weak. 3 Q Okay. After your surgery in 1982 was there an 4 immediate drop off, or was there a gradual decline 5 in the frequency of your relations? 6 A Let's see. It was probably a gradual decline from 7 seldom to -- I mean from few to seldom, you might 8 say, you know. As time goes on it's becoming less 9 and less. : 10 Q Okay. What is the frequency at the current time? n A Oh, gosh. I guess it's -- in fact, she was telling 1 12 me the other day it's been a month now since we've 1 13 made love. So, it's gone say from beforehand three 14 or four times a week to less than once a month now. I 15 Q What kind of activities did you do with Angela and 1 16 Amber prior to your surgery? 17 A Oh, gosh, just have fun with -- they were four and I * 18 six years old at the time; and just playing, 19 wrestling. I haven't been able to literally pick 1 20 them up and hold them in my arms since I have been I 21 operated on and sit down on the couch, and hug them I 22 or something like that. 23 I can't get down in the floor and play ! 24 them with their doll house and their furniture like ! 25 we did when they were little or ride the tricycle ! BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003639 84 and swing then. Q Do you still take then to novies? A No. I haven't taken then to a novie in a long/ long tine. Their nother took then to see a novie here a couple of nonths ago. Q Do you ever watch television with then? A Yes/ we watch TV. Q Do you read to then? A No. They read to ne. Q Do they go to church with you on Sundays? A Yes. MR. PIKE: Your witness. MS. QUATTLEBAUM: Would you like to take a break before we start? MR. VAUGHAN: We better not. We're going to have to break at 6:00 anyway. (Discussion off the Record) EXAMINATION BY MS. QUATTLEBAUM: Q My nane is Michelle Quattlebaun. I represent Arnstrong of Houston Corp, but it's Arnstrong World Industries now. And it's my understanding that you cannot give any testinony about what products that were used there at Monsanto; is that correct? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003640 85 1 A I didn't work with the products myself. That's 2 true. I have no idea what brand names were used. 3 Q Earlier you said that you were walking by the men 4 when they were insulating the pipes; is that 5 correct? 6 A Yes. 7 Q You said you got close to them, or I can't exactly 8 remember the phrase. Can you give me an amount of 9 feet or distance that you were actually from these 10 men? 11 MR. VAUGHAN: I think he has already 12 answered that. Counselor. He said he talked to 13 them. He was just as close as you are when talking 14 to people. 15 Q (By Ms. Quattlebaum) As close as you and I? 16 A Sometimes. 17 Q Did you ever get any any dust or anything on your 18 clothes? 19 A Occasionally Z assume. I imagine that I did, you 20 know, brush it off as you do -- 21 Q The dust I'm referring to is the dust from the 22 products that they were using, insulating. 23 A Yes. I can see them overhead and dust coming down 24 and -- you know, not all the time. But I can 25 remember dusting it off my arms and stuff like that. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003841 86 1 Q Before you were diagnosed to have the condition that 2 you have back in 1982, were you aware that people 3 claim that asbestos or asbestos in these insulating 4 products had some effect on your health? 5 A Not really, no. I noticed that some of the -- 6 working in the inspection department since 1978, I 7 noticed that more precautions were being taken 8 before we could look at something and insulators 9 were all of a sudden coming out with face masks and 10 gloves and sealing up and everything else. And they 11 would cut the insulation for us and then seal it 12 off, and then we'd go look at the piece of metal 13 that was under it. 14 Q Did you talk with any of the insulators about the 15 asbestos and whether it could cause any injury to 16 their health or to your health? 17 A I don't believe I asked, not before I was sick. 18 Q What about: Had you ever seen any newspaper 19 articles or any shows on TV about asbestos? 20 A Not that I can recall. It just wasn't something -- 21 you know, I didn't have any imagination about it. 22 Q What about: Did anyone at Monsanto ever warn you 23 that you should wear a respirator or any type of 24 breathing mask when you were near these insulating 25 products? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003642 87 1 A No, not that I can recall. Not when I first went to 2 work in the inspection department. As time went on 3 between '77 or '78 and '82 when I got sick, they 4 told us -- you know, you could see the insulators 5 taking more precautions. And they told us to let 6 the insulators cut the insulation off. 7 Q So, approximately 1977 you started noticing masks. 8 Is that what you said? 9 A Later than that, after that. After I went to work 10 in the inspection department. 11 Q What was explained to you about the purpose for 12 these masks? Did someone explain to you why these 13 workers were wearing their masks? 14 A Not to me. "what are you wearing the masks for?" 15 "Well, they said the stuff was dangerous to breathe 16 in." I'd just ask the operators, the insulators. 17 Q And they would tell you this? 18 A Yes. And evidently -- well, go ahead. 19 Q When you used to watch the insulators or when you 20 were there, did you know that the products that they 21 were containing contained asbestos? 22 A No, I didn't. I didn't know it. 23 Q When did you become aware that these products 24 contained asbestos? 25 A Oh, I guess it wasn't until the last couple or three BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003643 BBB11 4a -ri h-Hn=ijH HB233 88 1 or four years. I guess it's been -- bulletins have 2 been put out at the plant and around the world about 3 the danger of asbestos. 4 And now at the plant where I work down in 5 all these units and everything else for those 19 6 years have stencilled on the outside of the 7 insulation dangerous; danger, asbestos. And 8 everything now that has asbestos in it is labelled 9 at the plant, and it wasn't in the past years. I've 10 just noticed that the last year or so. 11 Q Can you be a little more specific about where you 12 have seen these signs stencilled? 13 A Throughout the plant at Texas City. Just about any 14 unit you go in, you can see it on it if you look up 15 on the insulation. 16 Q Can you give me any estimate or time when you first 17 started seeing these signs stencilled on? 18 A Yes. 19 HR. VAUGHAN: He has already answered 20 that. He said in the last three or four years. 21 Q (By Hs. Quattlebauro) I don't recall whether you 22 have been asked this. But have any of your 23 employers in the past couple of years complained 24 that you were not able to perform your job as well? 25 A Well, I've only had one employer. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003644  gittnitnnruBamn m 1 1 Q Right. 1 2 A Since 1959. 89 1 3 Q What I mean is your supervisors or any of the 4 management. 1 5 A 0nf no. Since 1978 I've been working in the 1 6 inspection department and been having a great time 7 doing it. And I've had good reports as far as I can 1 8 tell from my bosses. ] 9 Q So, you haven't had any complaints from any of them 10 that you have not been keeping up or doing what you 1 11 are supposed to? 1 12 A That's right. Been getting good ... 13 Q Good reviews? 14 A Good reviews,yes. 15 Q Have you only had one session of chemotherapy, or 16 have you had several? 17 A (No Response). 18 Q Do you know what I mean? 19 A Well, once every three months -- I mean once every 20 three weeks and then once every four weeks since we 21 started back in '83. 22 Q In your answers to interrogatories you had mentioned 23 that you were having the usual side effects from 24 chemotherapy. Could you get a little more specific 25 about what kind of side effects personally you have I I BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003645 90 1 experienced? 2 A Well, the nurses and the technicians up there tell 3 you, you usually have this kind of side effects. 4 That's where I get the usual side effects since 5 everybody is a little bit different. It makes you 6 feel nauseous and weak. You know, you just feel 7 tired and run down, and you just don't feel good for 8 about a week after you have it. And then you 9 gradually get to feeling better. 10 Q I have noticed you have had a loss of hair; is that 11 correct? 12 A Yes. 13 Q Did you have a full head of hair beforehand, or were 14 you kind of like a few of these gentlemen here? 15 A Oh, yes. 16 MR. VAUGHAN: Diarrhea. 17 A Yes. Oh, I had a lot of hair. It was getting a 18 little bit thin on top in a little spot. But the 19 chemical causes your hair to fall out, and it makes 20 you feel weak. And it gives you a little diarrhea. 21 And it acts as an appetite suppressant. So, you 22 know, there's all kind of side effects that you 23 usually have. Usually" is just what happens to 24 about a number of people over a time. 25 Q Have you had a weight loss? BOLAND, O'NEAL, RICHER, BARNHART S PROBST, INC. C 003646 91 Oh, yes. How much has that been? Oh, gosh, I guess it's been 30 pounds oc so. I must have weighed a 175 pounds, I guess. Since when? Since '82, 1982. Since I had the operation. When was the last time that you had x-rays to see how your condition was progressing? Let's see. It was chemo -- just about ever other time I have chemotherapy I get a chest x-ray. Then I came up here to Houston and had a chest x-ray and a test done up here about a month ago. What did the doctor tell you at that time how your x-rays looked? I looked at them, and they were essentially unchanged since back at the beginning when they started taking them. Has the doctor indicated that your condition has gotten any worse? Not that the condition has gotten worse, no. Well, we have asked you a little bit about your sex life. And how about the effect -- of course, there is more to a marriage than sex obviously? Oh, yes. What about as far as affection between you and your BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003647 92 1 wife? Have you seen any decrease in the love and 2 affection that you feel for your wife and or your 3 wife feels for you since your condition has been 4 diagnosed? 5 A No loss of love and affection mind to mind, you 6 know. But I don't pat her and touch her and fool 7 around and just lay hands on her, you might say. 8 How it just feels good to hug someone; I don't do 9 that hardly anymore. 10 Q Is that a physical inability to do so, or is it an 11 emotional inability? 12 A Well, it hurts my chest. Like if I hold her close 13 to me, it hurts. It hurts my chest; it hurts my 14 side and my chest and everything else. And that 15 makes me afraid to touch her, you might say, because 16 I'm afraid it will go on from there, you know. 17 Q Okay. Your wife was working, and she works part 18 time some now. Has she had to take off any time 19 from work or anything to care for you any more than 20 she had, say, prior to 1982? 21 A No. 22 Q Have her duties around the house increased any as 23 far as things that you would have normally done that 24 now she has to do? 25 A Oh, gosh, yes. All the little things arbund the BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003648 93 1 house that you need to have done. Raking the grass, 2 or putting up a swing set for the children, or 3 nailing a board up, or mopping the house -- well, 4 she has to do all of that herself. And .... 5 Q Okay. What is it that you cannot do now that you 6 could before? Have you noticed any decrease in 7 things you like to do as a hobby? 8 A Yes. Physically, I can't do physical things. I 9 used to like to run. I used to like to shoot a 10 high-powered rifle in matches. I was a very good 11 shot. Hunt and fish and things like that. 12 Q Let's start with your running. Are you talking 13 about like jogging like people go -- 14 A Yes, just fooling around running. 15 Q Did you do that on a regular basis prior to 1982? 16 A No, not as a sport of any kind. 17 Q Well, I mean like every morning did you go out and 18 run five miles or anything like that? 19 A No, no regimentation at all. 20 Q You said you competed with a high-powered rifle? 21 A Yes, a long time ago. 22 Q How long has it been been since you were in a 23 competition? 24 A Oh, gosh, I guess ten years maybe. 25 Q Have you done any competing at that, say, in the BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003649 past ten years of any frequency? Not in the past ten years, no. What about hunting and fishing? How often, say, back in the late 1970s or 1980s did you go fishing and hunting? During the deer season I would probably be gone every weekend to the hill country, and during the summer we'd go fishing all the time. We have a boat and motor. It hasn't been in the water -- we stopped going fishing, I guess, when our oldest daughter was born in 1975 because Gay was pregnant and she couldn't go in the boat anymore. Then the baby was born, and it was too little. And then the next one came along, and it was.too little to take out in a boat. So, since Amber was born you really have not gone fishing much? Right. We've gone offshore. We had a trip given to us to go offshore last year. And we went -- just my wife and I went offshore, and we went in one of the big party boats. Where was this located? Out of Galveston on one of those offshore -- RANGER. Wherever it went, I don't know. That was sometime last year? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003650 95 1 A That would have been a year ago. 2 Q What about hunting, deer hunting? 8 3 A Yes. We have some land in the hill country, a 4 hundred miles northwest of San Antonio. 5 Q Is that property that you and your wife own? 6 A Yes. 7 Q Is it like a deer lease or farm or what? 8 A It's just out in a remote area of the hills out 9 there. 10 Q What do you use it for other than hunting? 11 A Nothing. I built a cabin on it in 1980, '81. And 12 it's just a hill country retreat. It's where we go 13 in the summertime. 14 Q When was the last time that you went hunting? 15 A I haven't hunted since I have been sick. 16 Q You did not go in 1983 at all? 17 A No. 18 Q Or 1984? 19 A No. 20 Q How about 1982? Did you go any that year? 21 A No. I asked him if I could hunt because I was 22 operated on in November, and the season started. 23 And he said he wasn't sure I should shoot a 24 high-powered rifle with a fresh cut in my side. I 25 shoot right-handed, but it's still the kick from the BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003651 96 1 rifle. . 2 Q I'm not a deer hunter. Is that the only time of the 3 year you can go hunting is November? 4 A Yes. 5 Q Do you have any plans to go -- I would assume deer 6 season is about this time of year. 7 A It's about to start. 8 Q Do you have any plans to go this year? 9 A We're going to try to. I don't like to go up there 10 when it's cold. I don't like the cold weather. She 11 asked me if we were going deer hunting. I said: 12 I'll let you know Thursday. It depends how cold 13 it's going to be. I'm not going to drive 350 miles 14 to freeze my ears off. 15 Q Do you have a lease that you go to? 16 A No. We hunt on our land. 17 Q Do your sons come and hunt with you? I guess 18 they're off at college. 19 A. They have occasionally, but not very often. 20 Q But your wife likes to hunt with you? 21 A She started to hunt just the last couple of years. 22 Well, last -- she's hunted with me up there a couple 23 of years before we got -- before I got sick. 24 Q What about anything else? Is there anything else -- 25 any other regular activities -- that you used to BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003652 97 1 enjoy that you are not able to do right now? 2 A Oh, yes. We used to take the little ones swimming 3 all the time, to the beach. And they haven't been 4 to the beach since I have been sick, whidh is two 5 years. And we were scuba diving. I'm certified. 6 Q You are a certified scuba diver? 7 A Yes. Of course, I haven't been able to do that 8 since I have been sick. 9 Q When was the last time that you went? 10 A Oh, gosh, it was probably '81. 1981 maybe. 11 Q Where did you used to go diving? 12 A Just in the Gulf and bayou and Galveston. And 13 there's different pits, sand pits, around here. 14 Q Have the doctors said anything about the pressure, 15 that you are not physically able to go as far as the 16 pressure on your lungs or -- 17 A No. No one has ever mentioned -- none of the 18 physicians have mentioned it and said not to do it. 19 I don't feel like doing it. 20 Q Anything else? Any other activities? 21 A Well, I used to travel a lot for fun. Ypu know, I'd 22 travel to -- we took the boys and everything, and we 23 all went to Colorado for two weeks camping out, you 24 know. And we was planning on doing that with the 25 girls when they got to this age; camping. They're BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003653 98 1 six and eight yeacs old. And I can't see Camping 2 oat or two weeks now. It would be too hard on 3 me. 4 Let's see. I used to camp. I'd travel 5 for the company a whole lot in 1980 and '81. And I 6 can't. I haven't been asked to travel since I have 7 been sick. 8 You said they have not asked you to travel, or you 9 have turned them down and said you felt like you 10 could not travel? 11 No. I -- they haven't asked me to travel because 12 they can see that I don't feel good, you know. 13 What about other aspects of your job? Is there 14 anything else that you normally used to do in your 15 job that you cannot do now? Any other types of 16 activities, like traveling or -- 17 No. I can probably do most of what I did before. 18 It would just take a whole heck of a lot longer. I 19 probably couldn't climb as high or as fast or go up 20 as many stairs as fast. And I just have lost 21 strength in the last two years from not feeling like 22 exercising. 23 Did you ever used to help your wife with the 24 housework? 25 Oh, yes. I'd help her mop mostly because that's BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003654 99 1 hard work; mopping. And she would clean up and dust 2 and sweep and everything. And I would mop the house 3 for her and, of course, do all the the home repairs. 4 Q Are you able to help her mop now? 5 A No. I haven't mopped in a long time. 6 Q Has she had to hire outside housekeeping help to 7 help her with the house in the past couple of years? 8 A Yes. She asked a girl to help her, and they kind of 9 traded off art lessons for helping her with the 10 house. 11 Q And how long has she been doing this with that girl? 12 A She's notdoing it anymore. It was just for a 13 little while there she had her helping her. It's 14 been about six months, I guess, since that girl has 15 been there. 16 Q How long did she do it for? How many months or 17 weeks? 18 A Once a week for about three or four months, I guess, 19 she came to help her. 20 Q And she would just give her an art lesson in 21 - exchange for her helping her? 22 A Yes, just the barter system. 23 Q Alta Loma is down by Galveston, isn't it? 24 A It's on Highway 6 between Galveston and Alvin, you 25 might say, off the freeway at say Dickinson. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003655 100 1 Q I don't believe I have ever been in Alta Loma. But 2 is it an industrial area? 3 A No. It's a bedroom community. 4 Q Where is the nearest -- I guess there are refineries 5 obviously near there? 6 A Well, in Texas City. 7 Q Right. 8 A Which from my house it's probably twelve or thirteen 9 miles to where I work in Texas City. 10 Q Are there any other plants or refineries around 11 there other than Texas City? 12 A Up here around Houston and then south toward 13 Freeport. 14 Q But not in this area? 15 A Nothing in the city. Nothing close. 16 MS. QUATTLEBAUM: I think I'll pass the 17 witness. 18 Thank you. 19 THE WITNESS: Okay. 20 MS. BICKLEY: I'll pass. 21 MR. TOLIN: I have questions. 22 MR. COOK: What about me? 23 MS. QUATTLEBAUM: I'm sorry. 24 25 EXAMINATION BY MR. COOK: BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003656 101 1 Q Mr. Paratore, my name is Ron Cook, and I have a few 2 questions for you, sir. 3 A Yes, sir. 4 Q When was the last year that you worked in your 5 father's automobile repair shop? 6 A I guess after when I started to work at Monsanto 7 which is 1959, and before that for six months I was. 8 It was probably 1958 or so. 9 Q Who is Paul Bailey? 10 A At one time he was our head supervisor in the 11 inspection department. 12 Q Has he been replaced by Mr. B. J. Sanders? 13 A No. He's been replaced by -- yes, by -- not B. J. 14 Sanders, but another Sanders. B. J. Sanders is one 15 of the metallurgists -- not metallurgists, but 16 mechanical engineers who worked for Paul Bailey. 17 Q Okay. What about Mr. Trelevin? Who is he? 18 A Trelevin; he's a mechanical engineer that works in 19 our area. 20 Q Do you work for these fellows? 21 A Yes, there are several. There is one, two, three -- 22 there's probably five or six metallurgists and 23 mechanical engineers who are our supervision, you 24 might say. And we report to one. 25 We report to a Danny Gibbs. We all report BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003657 102 1 to him, and he reports to B. J. Sanders. And B. j. 2 Sanders in turn reports to a guy named Saunders who 3 has taken Paul Bailey's place. 4 Q Okay. So, your present supervisor is Mr. Gibbs? 5 A Yes. 6 Q Who was your supervisor in November of 1982? 7 A Gibbs. 8 Q So, if I wanted to talk to your supervisor since 9 before the onset of your injury until today, it 10 would be Mr. Gibbs that I would talk to? 11 A He's been in charge of us since I have been there in 12 '78. 13 Q Have you customarily received pay raises on April 14 1st of each year? 15 A Yes. 16 Q I have your payroll records here, and I don't plan 17 to burden you with them, sir. But it appears that 18 you have had at least since 1981 an increase in pay 19 on every April 1st. Have there been any other pay 20 adjustments in that time period, or is it just done 21 annually? 22 A Just done annually. We have a mid-year review. 23 Q You don't get pay adjustments then. You just get a 24 performance evaluation; is that right? 25 A True. BOLAND, O'NEAL, RICHER, BARNHART 6 PROBST, INC. C 003658 103 1 Q What is your present salary, sir? Annual? 2 A It's about thirty thousand. I'm not sure exactly of 3 the amount. 4 Q Okay. If I multiplied it correctly, is your monthly 5 salary now $2595 gross pay? 6 A It's pretty close to that. Yes, I was thinking 7 twenty-two to 2495. Yes. 8 Q Is the work that you do presently as an inspector 9 strenous work, or is it a matter of just going 10 around in the plant checking things? 11 A It's not strenuous work once you get to where the 12 work is. You may have to work your tail off to get 13 to where the work is. Like we have one column out 14 there that is 265 feet high, and you have got to 15 inspect the top. Once you get there -- it's really 16 0 17 not all that much work to do once you get there. There's no physical .... 18 Q As I understand your present working situation, they 19 do not schedule you to do that kind of work; is that 20 right? 21 A I haven't been since I have been sick, yes. 22 Q Have they been able to schedule you so that you are 23 inspecting things that are relatively accessible 24 that you can get to with relative ease? 25 A Yes. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003659 104 1 Q Do you have to carry tools along with you or 2 anything like that? 3 A Yes, we have measuring tools for measuring metal and 4 stuff that we take with us. 5 Q Do you have a tool box that you carry around with 6 you, or how do you -- 7 A Just a little bag. 8 Q Okay. 9 A Cloth bag. 10 Q Do you have any idea what that weighs? 11 A Three or four pounds. 12 Q So, the toughest part of your job is the walking, 13 bending, stooping, climbing? 14 A Yes. 15 Q To the extent possible, they schedule that part of 16 your job down so that you do not have any difficulty 17 doing it? 18 A Right. 19 Q I believe you have told us already you have not had 20 any complaints at all about your capacity to do your 21 work. No one has complained that you are not doing 22 your job? 23 A I haven't heard any complaints. 24 Q You say you walked through areas on occasion where 25 people were doing insulation work. That wasn't a BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003660 105 1 daily occurrence in the time that you have worked at 2 Monsanto, is it, sir? It is something that happened 3 cyclically or on different occasions? 4 A Well, every day I would make the trip between these 5 three offices. And at different times during -- you 6 know, not every day I would walk by guys insulating. 7 But every day I would make the trip. 8 Q Sure. 9 A And if anybody was working around that area, I'm 10 bound to see them. 11 Q But you didn't mean to leave the impression with us 12 or with the jury that every day you walked through 13 an area where someone was actually doing insulation 14 work? 15 A Well, someone may have been, and I just didn't see 16 them. Every day I made this trip through this area. 17 Q Sure. Okay. 18 A Several -- you know, several times a day I would 19 walk through this area. 20 Q Who is Dr. K. 6. Christian? Is that someone known 21 to you? 22 A I don't recall the name. 23 Q Have you ever talked to a doctor on the Monsanto 24 medical staff about your condition? 25 A Oh, yes, when I came back in January we had a doctor BOLAND, O'NEAL, RICHER, BARNHART 6 PROBST, INC. C 003661 l 106 1 there on staff; a retired physician. But I don't 2 recall his name. It may be the doctor you refer to. 3 I don't recall. 4 Q But you do recall talking to some doctor at Monsanto 5 about your condition? 6 A Yes. Just telling him about it, what I knew about 7 it at the time. 8 Q If the medical records we have from Monsanto said -- 9 if there is a report in there signed by Dr. 10 Christian, you don't know one way or the other 11 whether that is the fellow you talked to? 12 A I can't recall his name. No. 13 Q Is he still there? 14 A I haven't been to the nurse's office in I don't know 15 how long. I don't know whether he still is or not. 16 Q Okay. You said earlier, sir, that one time your 17 chest hurt and you felt like you had pleurisy. How 18 did you know what pleurisy felt like? Have you had 19 it before? 20 A No. I never had pleurisy. Just from the 21 description that people would give you: My chest 22 hurts. My doctor said I had pleurisy. 23 It's just a catch-all phrase, I guess you 24 would say. 25 Q Yes, sir. Do you have any friends or acquaintances BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002662 I 107 1 who have had problems with asbestos-related 2 diseases? 3 A Not that I knew about until I had it and then found 4 out that my friends at the plant who were insulators 5 had problems with it. 6 Q Have you had anybody who is close to you in any way 7 who has had any serious illnesses that have been 8 related or attributed to asbestos exposure? 9 A No. 10 Q You have spent six years in the Marine Corps 11 Reserve; is that right? 12 A That's true. 13 Q Did you have to give up vacation time every summer 14 to do two weeks of active duty some place? 15 A No. Monsanto Company gives you time off to do their 16 two weeks' military duty, plus you get your 17 vacation. 18 Q How much vacation do you get, sir? 19 A Now, after being there 25 years I get five weeks of 20 vacation. 21 Q How much did you get before you had been there 25 22 years? 23 A You get four weeks up to 20 years -- I think after 24 20 years. 25 Q This may be a hard question for you to answer, sir, BOLAND, O'NEAL, RICHER, BARNHART fc PROBST, INC. c 003663 108 1 and if you can't answer it, just tell me so. Do you 2 have any idea what percentage of the amount of money 3 that you make on a monthly basis goes to support 4 your wife and your two daughters as opposed to your 5 own consumption and the things you need for your own 6 personal needs? 7 A Oh, gosh. Probably the most part of it goes for ~ 8 the children go to private school. There's tuition 9 to pay. There's lunch for them every day and 10 transportation back and forth for them to school. 11 Q Do you have any idea what percent? Would it be as 12 much as 80 percent that you think that goes to the 13 support of your wife and children compared to your 14 own personal consumption? 15 A Gosh, I don't know how you would even make an 16 estimate like that. 17 Q You are not prepared to do that? 18 A No. 19 Q Have you seen -- you've talked with Mr. Pike, and I 20 think you have said you have seen a number of 21 doctors and you have given their names. Have you 22 seen any other doctors that you have not talked 23 about today about your chest problems? 24 A No, sir. 25 Q Do you have any plans to see any doctors that you BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003664 l 109 1 have not talked about today? Do you have any 2 present plans to see any doctor? 3 A I have no future plans. 4 Q Are you happy with the work that Dr. Constanzi is 5 doing with you? Do you think that he is doing a 6 good job for you? 7 A I imagine it's the best job that can be done. 8 Q Do you have any complaints about the quality of the 9 medical care that you are receiving at this time?" 10 A No. The care of the nurses up there is very fine. 11 Q Pardon me, sir? 12 A The care from the nurses when I go get my treatment 13 is very good. 14 Q Have you seen any other psychiatrists, 15 psychologists, or any other person about any 16 emotional discomfort you may have as a result of 17 your illness? 18 A Dr. Constanzi referred me to a psychologist to help 19 me with what is biofeedback, to help me try to 20 mentally reduce the effects of the drugs that 21 chemotherapy has on my body. I went to him for six 22 or seven months, and then I haven't -- it's been a 23 year now, I guess, since -- about a year; more than 24 a year since I have been to him. 25 Q Do you remember what his name was? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003665 I 110 1 A No. I couldn't even -- I had trouble with it then. 2 He's in Galveston. Leonard -- I can't recall his 3 last name. 4 Q Dr. Derrick? 5 A No. Dr. Derrick is a surgeon. 6 Q Dr. Brumbaker? 7 A No. 8 Q Okay. If you can find out the name of that.doctor, 9 sir, would you give it to your attorney, Mr. 10 Vaughan, so that we can learn who he is? 11 A Yes. 12 Q You saw him strictly for biofeedback training and 13 therapy? 14 A Basically we did, yes. With the little computer I 15 could control brain waives and raise the temperature 16 between my finger tips and -- 17 Q Does that therapy seem to work? 18 A I have a tape that we made that would relax me when 19 I'd listen to it. 20 Q Do you ever talk with him about depression or 21 anything of that nature, or is that any medical 22 problem that you have had? 23 A No. My attitude has always been high. 24 Q Yes, sir. It seems that's true. I'm just wondering 25 if you had any reason to or occasion to talk with BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003666 I -ttt'tt trirm-i r. ?--rT-Trr- 111 1 any doctor about any sort of emotional problem 2 related to this illness. Other than the biofeedback 3 training, I think you have told me you haven't; is 4 that right? 5 A That's true." 6 Q In the plant that you work in, sir, how is it 7 ventilated? Are there exhaust fans there or fans to 8 blow air through or air conditioning? 9 A I don't understand really the question. 10 Q` Okay. I wasn't paying as much attention as I should 11 have been awhile ago when you were talking -- I 12 think you talked about Areas 15 and 16 and 5 and 6. 13 Have I got the numbers wrong? 14 A They're all mixed up. 15 Q Let's just take one of those areas that you walked 16 through there. What would be one of the areas that 17 you would walk through in your normal day? 18 A Well, now since I'm in the inspection department 19 it's liable to be any place in the plant. 20 Q Okay. 21 A But from 19- -- 22 Q '78? 23 A -- *78 I was in the styrene department. I was 24 confined to that -- not confined, but that's where 25 my work area was. BOLAND, O'NEAL, RICHER, BARNHART 6 PROBST, INC. C 003667 \ 112 1 Q Yes, sir. What I'm wondering: How did they provide 2 for ventilation or air conditioning in that area? 3 A Of course, the whole plant is outside in the open. 4 And there's no ventilation required, you might say. 5 It would just be like -- you know, everything is 6 outside. 7 Q I understand now. 8 A It's not inside of buildings. These are things that 9 are outside. 10 Q This is equipment that is physically located 11 outside, and you walk from piece of equipment to 12 piece of equipment; no roof? 13 A True, no roof. I didn't do this -- you know, I 14 would walk down the street or cut between the 15 equipment to go to the other building when I was 16 working in the styrene department. 17 Q Why would you have the occasion to go into a 18 building? 19 A Well, the offices and the controls are in a 20 building -- what they call a control house; just a 21 one-story building. 22 Q That building didn't have insulation or insulating 23 workers in it, did it, sir? The control room? 24 A It was for the operators, the operators. And 25 anybody could walk in or out of the building. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003668 113 1 Q I misspoke. Let me clear that up. 2 You did not have insulators working in 3 that area ordinarily, did you, sir? The people you 4 talked about seeing on a day-to-day basis were 5 insulating outside. 6 A Yes, mostly. 7 Q I think you mentioned inhalation therapy where you 8 breathe something in, and then could see if you 9 could spit or otherwise bring up phlegm? 10 A Yes. 2 11 Q Did that help you at all? Did it work? 12 A No. It never did bring anything up. 13 MR. COOK: Thank you, Mr. Paratore. 14 That's all the questions I have, sir. 15 16 EXAMINATION BY MR. TOLIN: 17 Q Mr. Paratore, my name is David Tolin. I represent 18 Fibreboard Corporation. 19 A Hello. 20 Q I have narrowed my questions down to five areas. I 21 will try to be brief in each area and tell you what 22 I'm going into in advance because I realize you have 23 been here all afternoon. Fair enough? 24 A Okay. 25 Q First of all, I want to ask a couple of questions BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 003669 1 114 1 about recent activities outside of your job. You 2 said a few minutes ago that last year you went on 3 one of the big party boats down at Galveston and 4 went deep sea fishing. It was a trip that was given 5 to you and your wife? 6 A Yes. 7 Q About what time of the year was that? 8 A It was in June of -- what would that be? '83. Last 9 year, I guess. It was a year ago. 10 Q What was the duration of that trip? That is, 11 approximately when did you depart, and when did you 12 arrive back at Galveston? 13 A It was a 7:00 o'clock in the morning until 7:00 14 o'clock at night trip; twelve hours. 15 Q How was the catch? Did you personally fish and 16 catch anything? 17 A Yes. I was wondering how I was going to do that, 18 but I was able to lay the rod on the railing or 19 whatever you call it on the boat and wind with my 20 right hand. And, of course, deep sea fishing, you 21 just let it all the way down and pull it up. You 22 don't really have to fight the fish. And we didn't 23 catch that many fish either. 24 Q Caught some, but not too many? 25 A Yes. They were small. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002670 , 115 1 Q When was the last time that you went up to your 2 place in the hill country? 3 A In July; this last July. The 4th weekend. 4 Q Did you drive on that trip? 5 A Yes. 6 Q Did you and your wife share the driving, or did you 7 drive? 8 A No. I drove. 9 Q And, of course, you can drive your automobile and 10 transport yourself to and from work? 11 A Yes. 12 Q The second area that I'd like to ask some questions 13 about has to do with your late father's automobile 14 repair business. What was the name of his business 15 where you sometimes worked during the summers and 16 after school? 17 A It was called Downtown Motors. 18 Q Where was it located, sir? 19 A At 2202 Avenue G in Galveston. 20 Q Is that business still in operation today? 21 A No. My mother sold it. She sold off everything 22 when he died in 1969. The building is still there, 23 but there's no business in it. 24 Q How large a building is it? 25 A Oh, it's a half a block long and whatever -- let's BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003671 1 116 1 see. Whatever a block is in Galveston. it's maybe 2 60 feet by a hundred feet maybe. 3 Q Was there a particular part of that building where 4 brake jobs were done during the time you were 5 familiar with it in high school? 6 A There were like two sections; a mechanical section 7 and then where they did the painting. And it was 8 just anywhere in that mechanical section. 9 Q Did that comprise about half the building, would you 10 say, or less? 11 A Probably two-thirds of the building, mechanic and 12 body work. 13 Q And you said that after school you went there 14 because.both your father and mother worked in the 15 business. And, of course, you had no brothers or 16 sisters so you naturally went there after school? 17 A Right. 18 Q As I understood it during those high school years 19 when you did go there in the afternoon, you would do 20 some of the work yourself; right? 21 A Well, I never was -- I never learned to do auto 22 mechanics, no. I can change the spark plugs, but I 23 can't put points in your car or my car or brake jobs 24 or overhauling the engine or taking a carburetor 25 apart. No, I can't. I was always helping by going BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003672 1 117 1 to get something; a go-for them. 2 Q You never did brake work yourself? 3 A No, not even on my own car. 4 Q You were at times around the work being done on 5 changing brake linings and that sort of thing 6 during the summer and after school? 7 A I'm sure I was. But not doing any of the work. 8 Q I don't suppose that you knew at the time who it was 9 that made those brake linings or supplied them to 10 your father'3 business. Is that the type of thing 11 your curiosity ever prompted you to learn or find 12 out? 13 A No. We would just send to the parts house for a new 14 set of brakes, and they would come in a box. I 15 might go to the parts house to get it and bring it 16 back and give it to the mechanic. I don't guess it 17 was a brand that I could think of. 18 Q When a mechanic worked on brakes, at times were you 19 personally side by side or fairly close maybe 20 holding a tool or observing the operation he was 21 conducting at any time? 22 A That could be. In all those years there's no 23 telling. 24 Q The next area I have some questions concerning is 13 25 your work actually at Monsanto. First of all, from BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003673 l 118 1 1959 to 1978 when you were a production clerk, you 2 said you worked in three offices during that period 3 of time. So, you had to get from one office to the 4 other; right? 5 A Yes. 6 Q And when you were in the office, that is by 7 definition inside work; correct? 8 A Right, yes. 9 Q Now, I take it you did not wear work clothes like 10 the people -- the insulators outside. You dressed 11 in more or less civilian attire? 12 A Yes, just casual, like blue jeans or whatever, you 13 know. 14 Q Sport shirt, that sort of thing? 15 A Yes. 16 Q If you approached a group of insulators who were 17 actually applying the insulation outdoors and there 18 was dust flying around in the area, I take it you 19 would not go right up to them at a time like that 20 and visit with them. Is that a fair statement? 21 If there was dust flying around in the air 22 and they were actually applying or stripping off 23 insulation, you would wait to some other time to go 24 up side by side and talk to these men? 25 A Well, probably just whatever occasion arose. If I BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003674 i 119 1 had something to say to him or say I wanted to say 2 "hi" or ask him about something, I may go up while 3 he is working because you can work and talk at the 4 same time. 5 Q What I was really trying to find out, because you 6 had an office job and you wore fairly nice clothes 1 to work, whether you would go into a dusty area or 8 just kind of avoid that kind of an area so you did 9 not go back to the office covered up with dust? 10 A I doubt if that ever occurred to me what I had on. 11 If I got dust on my clothes, I just dusted it off. r-" 12 Q Whatever you got on your clothes was just easily 13 dusted off? 14 A I'm sure it was because I don't recall having to 15 pick things off. Just dust off your clothes. 16 Q You don't recall it covering you like snow? 17 A Oh, no. 18 Q Now, after 1978 when you went in to work with an 19 engineering technician, by that time you said 20 precautions were being taken when the asbestos was 21 removed from the lines or from the tanks or the 22 vessels out there; correct? 23 A After -- 24 Q 1978. 25 A After 1978 I noticed, because as I have been working BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003675 i the precautions have become more. There were no precautions, say, when I first started. And precautions are from zero to a hundred percent, you might say. Would you say that in that first year from 1978 to 1979 that the plant began to really implement those precautions when asbestos was being removed? Would that be roughly the period of time? Probably after '80 or '81, somewhere along in through there because we had a big show on asbestos, you know, all of a sudden it seemed like. Correct me if I am wrong. I understood you earlier to tell Mr. Pike that you believed your asbestos exposure occurred in the earlier phase of your career. That is from 1959 to 1978 rather than from 1978 forward? Most of my -- of course that covers two-thirds or three-fourths of the time that I have been working in Monsanto that first 19 years. Yes, sir. And that was all in one place. Yes, sir. And since 1978 we've been -- I've been moving around, you know, in the inspection department. We go to all the departments, and it seems like the BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002676 I precautions have become more ever since I started w_orking there. At first there were no precautions. Then "Watch that stuff. Stay downwind from it. Be sure you are downwind from it." Just precautions have become more ever since. So, whatever the exposure since 1978, you believe it to have been less in the plant generally because of these precautions. Would that be a fair statement? Since 1978? Yes, sir. Probably. Did you learn at some time or do you know at the present time that insulation in the new products that were being applied from 1972 or '73 forward was free of asbestos? That is, the products that started coming out on the market for new insulating around 1972 were asbestos-free? Is this something you know of? No. I had no knowledge of what is or when it is. This is the first time that you have heard anyone suggest that? About products being asbestos-free? From 1972 or 1973 forward? First time I've ever heard that date. All right, sir. I promised five areas, and I'm to BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003677 i the fourth one. So, we are moving along pretty good. Does your attorney have the product list that was referred to earlier? HR. TOLIN: And could you show it to him for a moment, please? One of the lawyers has just handed you some papers that are answers to interrogatories in this lawsuit. And just for background, you recall after filing your lawsuit that someone in your attorney's office told you these were questions that needed to be answered as a part of your lawsuit; these interrogatories? Yes. And you understood that providing information or helping your attorney seek out information to answer these interrogatories would be an important part of your lawsuit, sir? Yes. Now, are you looking at the page that is headed Answer to Interrogatory No. 8"? Yes. That page and the two pages that follow is a list of products you believe you were exposed to at sometime during the years you worked at Monsanto; correct? A BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003678 i 123 1 list both of manufacturers and products that you 2 believe you were exposed to based on what others 3 have told you? 4 A Yes. 5 Q And the manufacturers and the product names that are 6 listed on these three pages came to your attorney 7 from insulators or from coworkers out at Monsanto 8 who actually worked with insulation products; 9 correct? 10 A That's what I believe. 11 Q And those would be the 28 people that are listed in 12 the page that is styled "Answer to Interrogatory No. 13 13"? 14 A Yes. 15 Q And simply because you never worked with a product 16 personally, you will have to rely upon those people 17 who worked at Monsanto or some others to tell the 18 jury in this case what insulation products were out 19 there and what insulation dust you might have been 20 exposed to; correct? 21 A Right. 22 Q Now, one of the insulation manufacturers identified 23 on your list is Johns Manville. It's No. 15. Do 24 you have that before you? 25 A Yes. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. c 002679 1 124 1 Q And several Johns Manville products are listed under 2 that name; correct? 3 A Yes. 4 Q Now, using Johns Manville as an example, Mr. 5 Paratore, even if those products were out at 6 Monsanto during the time that you worked there, you 7 would have been exposed to the dust from the 8 products only if you went through an area where the 9 insulation was being cut or hammered or beaten on or 10 some other operation of that type was going on; is 11 that correct? 12 MR. VAUGHAN: If you know. 13 A If I knew or what -- I don't know what causes the 14 insulation to come apart or flake off or whatever it 15 does to hold itself together. 16 Q (By Mr. Tolin) Do you know if any of these 28 17 people who are listed in your answer to 18 Interrogatory No. 13 can actually place you at a 19 particular location on a particular date when a 20 specific type of insulation was being used, or would 21 we have to ask them about that? 22 A You'd probably have to ask them because I don't -- I 23 would know a man was working on -- you know, was 24 working on some insulation or something or working 25 on a pump, and I'd stop and talk to him for a minute BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002680 i 125 1 and go on. And I don't know what product he is 2 using. He might remember I was there at that 3 particular timef and he might not. 4 Q I understand. 5 A It's chasing star dust. 6 Q But those are the 28 people that you would rely on 7 at trial to tell the jury -- some of them at least, 8 to tell the jury the specific products that you were 9 specifically exposed to at Monsanto? 10 A Yes. 11 Q Take a look, if you would, sir, to Interrogatory No. 12 8, your answer to Interrogatory No. 8, concerning 13 the products you believe you were exposed to at 14 Monsanto. Do you still have that in front of you? 15 A In a minute. 16 MR. VAUGHAN: Go ahead. 17 A Yes, I do. 18 Q (By Mr. Tolin) Now, this three-page list contains a 19 total of 15 manufacturers' names, and they're 20 numbered; correct? 21 A Yes. 22 Q And then beneath those manufacturers' names are 23 numerous product names; correct. 24 MS. BARRON: Excuse me. You stated 15. 25 It looks like there is a skip from 8 to 10. There BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003661 , 126 1 is not a No. 9 as far as I can see. 2 A That's true. 3 Q (By Mr. Barron) 1 through 8 and 10 through 15; 4 correct? 5 A She caught it. 6 Q And beneath those manufacturers' names that are 7 listed there are several product names of a number 8 of product names; correct? Trade names or brand 9 names? 10 A Yes. 11 Q I didn't hear the answer, sir. 12 A Yes. 13 Q The name Fibreboard Corporation does not appear on 14 that list, does it? 15 A I don't see it. It may be one of the -- 16 MR. VAUGHAN: It's probably No. 9. 17 A Yes. It may be one of the product lines. I don't 18 know what it is. I don't know what Fibreboard is. 19 Q (By Mr. Tolin) In reviewing the list, you do not 20 see the name Fibreboard Corporation, do you agree? 21 A No. 22 Q So, at this particular time you have no basis to say 23 that you were exposed to any product manufactured by 24 Fibreboard Corporation; is that correct? 25 A I don't know what I was exposed to. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 0C2et2 , liMmigein 127 The list gives you no basis to say that you were exposed to Fibreboard products although the list gives you some basis to believe you were exposed to certain other products; is that correct? I don't know what Fibreboard is. Okay. I'm not trying to trick you. Now, Fibre- .... Let me rephrase it one more time and give you a question, and if you cannot answer it, just tell me. But from both the list and then from your personal knowledge, you would have no basis on this particular day to swear to a jury that you had any belief of exposure to Fibreboard Corporation insulation products? I can't really answer. Okay. I'll do this one more time and try to keep it brief in just a slightly different direction. Can you look through the list for us? And take your time. MR. VAUGHAN: We'll stipulate Fibreboard is not listed in the document that he is looking at. MR. TOLIN: That's not the question. It's a different question. MR. VAUGHAN: Good. (By Mr. Tolin) Could you look through the list? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003683 i 128 1 And take your time -- perhaps your attorney will 2 stipulate to this -- and find if Pabco or Caltemp or 3 Super Caltemp appears anywhere in the product list? 4 A Kaltone with a "K." 5 Q It starts with a "C." C-A-L-T-E-M-P. 6 A Caltemp. I didn't understand. 7 Q Let me strike the question. 8 We'll move on. 9 A I don't see it on the list. 10 Q I know where it will take is. 11 The final area, Mr. Paratore, that I have 12 some questions in has to do with your condition and 13 what doctors have told you about it. I don't think 14 I'll be repetitious because you have answered a lot 15 of questions in that area already. 16 Based on what doctors have told you, what 17 is your understanding of the outlook for your 18 future? And first of all, let me ask you in terms 19 of how long you might continue working; if any 20 doctor has given you some opinion or some prognosis 21 in that particular area? 22 A No. I have no estimate on life expectancy or the 23 time working expectancy given to me. 24 Q You anticipated an answer in the other area on that 25 question as well. No doctor has given you a BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003684 1 129 1 prognosis or a prediction that your condition will 2 "shorten your life expectancy measurably or anything 3 of that sort? 4 A No. 5 Q Has any doctor ever specifically told you that you 6 have a condition called mesothelioma? 7 A Yes. 8 Q What doctor was that, sir? 9 A Dr. Wilson when he called back in November or before 10 Thanksgiving -- he told my wife I had it. And then 11 talking with Dr. Constanzi who is a oncologist. 12 That's what he calls it. 13 Q Has either of these doctors or any other doctor ever 14 told you that your condition might be a cancer other 15 than mesothelioma? 16 A That's what I've heard it called. 17 Q And only that? 18 A As far as I can recall, that's the only thing I've 19 heard it called. 20 Q No doctor has ever told you that your condition 21 could be something called an adenocarcinoma or 22 adenocarcinoma? 23 A I don't recall those words being used. It may be 24 that it past through my head, and I didn't hear it. 25 Or it may be written down somewhere that I didn't BOLAND, O'NEAL, RICHER, ^B^INHART_& PROBST, INC. 130 1 read. But I don't recall it being said, you know, 2 specifically. 3 Q Yes, sir. 4 A I remember mesothelioma. 5 Q Has Dr. Wilson or Dr. Constanzi or any other doctor 6 told you that in your particular case it was 7 difficult for them to make the diagnosis because 8 they had to rule out some other conditions, and it 9 was a close call, or any words to that effect, or 10 anything along those lines? 11 A No. 12 Q You said a few moments ago that you kept your 13 feelings and attitude up, and you pointed toward the 14 ceiling at that time? 15 A I have to. 16 Q From all appearances and from your demeanor and the 17 way you have answered our questions this evening, it 18 appears to me at least that you are a person who is 19 at peace with yourself and has a good frame of mind. 20 Would you describe yourself using those sorts of 21 words? 22 A I try to keep myself that way. It's -- you have to 23 think good to feel good, you know. 24 Q Yes, sir. You have physical discomfort, I'm sure, 25 from time to time? BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003686 1 i 131 1 1 A Yes. 2 Q That is true particularly with chemotherapy; 1 3 correct? 4 A Yes. 1 5 Q But despite that and knowing of your condition 6 because of your personal attitude and outlook on 7 7 life, you are not a man who is living in constant 8 fear of death or immobilized by your condition. i 9 Would that be a fair statement? 7 10 A I try not to think about dying, you know. I think 11 about: Everything is going to be all right. That's i 12 what -- the chemotherapy is supposed to fix it. 13 Q Yes. Would you attribute peace of mind to your 14 religious faith and to your family in part? 15 A I surely would, yes. 16 Q Strong foundation in that area? 17 A (Witness nods head). 18 Q I see you nodding your head for the record. 19 A Yes. 20 MR. TOLIN: Okay. That's it. Thank you 21 very much, sir. 22 MR. VAUGHAN: Counsel, we're going to have 23 to start tomorrow. If you want to start again 24 tomorrow morning, that's fine but I have got to 25 leave. I have got about thirty-five people that are BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003687 132 1 going to be at my house in either five minutes or 2 thirty-five minutes, depending on when I told them 3 to be there. 4 MR. DAVIS: I just want to ask him whether 5 he was ever in a union and when he is eligible for 6 retirement. He has not answered about retirement. 7 Could I ask it very quickly? 8 MR. VAUGHAN: Go ahead. 9 10 EXAMINATION BY MR. DAVIS: 11 Q Mr. Paratore, my name is Britt Davis, and I 12 represent Owens Corning Fiberglas. I have just 13 perhaps two questions. 14 Number one: When are you eligible for 15 retirement with your present employer? 16 A I think it's at age 55. 17 Q All right, sir. Currently you are receiving no 18 other income besides that which you earn and perhaps 19 that which your wife brings in occasionally; is that 20 correct? 21 A That's true. 22 MR. DAVIS: Pass the witness. 23 24 EXAMINATION BY MS. BARRON: 25 Q I am Barbara Barron. BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 002688 1 1 Have you ever been arrested? 2 HR. VAUGHAN: Don't answer that question. 3 I'll permit him to answer the question 4 which is admissible at trial, which is has he been 5 convicted of a felony or a misdemeanor or a 6 conviction of moral turpitude. And the answer to 7 that question is: No. 8 Q (By Ms. Barron) Is that the correct answer? 9 A That's true. 10 11 12 PHILIP G. PARATORE, JR. 13 14 THE STATE OF TEXAS : 15 SUBSCRIBED AND SWORN TO BEFORE ME, the 16 undersigned authority, by the witness, Philip G. 17 Paratore, Jr., on this theday of 18 ;___________________ ___ , 1984. 19 20 21 Notary Public in and for 22 the State of T e x a s 23 24 My Commission Expires: 25 BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC. C 003689 THE STATE OF TEXAS s We, the undersigned Certified Shorthand Reporters and Notaries Public in and for the State of Texas, certify that the caption to this deposition correctly states the facts set forth herein; that the examination of the witness named in said caption was correctly reported in shorthand by us at the time and place and under the agreement set forth in said caption and has been transcribed from shorthand under our supervision in the foregoing transcript; and that said transcript contains a correct record of the proceedings had at said time and place. Given under my hand and official seal of office this the 13th day of November, 1984. :/. Vickie Probst,/CSR and Notary Public in and for the State of- Texas Diane S. Richer, CSR Notary Public in and for the State of T e x a s BOLAND, O'NEAL, RICHER, BARNHART & PROBST, INC.