Document OEwXZaBjpqOLzYpXL7zkDBkoe

330 1 Sayers 2 mesothelioma had been resolved? 3 A. No, it was indeterminate. 4 Q. And at the time you wrote this, did you 5 have an opinion on whether scientifically it had 6 been established one way or the other whether 7 Calidria chrysotile caused mesothelioma? 8 MR. BROWNSON: Objection, leading. 9 Secondly, the witness has already 10 disqualified himself on that question. It's II been asked and answered. I object on all 12 those grounds. 13 Q. Go ahead. 14 A. 1 had no information to make my opinion 15 move one way or the other. 16 Q. My question is a little bit different, 17 which is in 1967 when you wrote this did you feel 18 from the scientific evidence that you reviewed that 19 the issue of whether Calidria chrysotile could 20 cause mesothelioma had been definitely established 21 scientifically one way or the other? 22 MR. BROWNSON: Objection, leading, asked 23 and answered, and he's already disqualified 24 himself. It's without foundation. 25 A. No, it had not been established, to my 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 332 Sayers responsible for my health, then that's fine. We'll let the judge decide. It's 5:20 p.m. We started at 9:00 this morning, sir. without a lunch break. 1 have not eaten all day. You ate, and you didn't tell us you were going to eat either. MR. WILL: Tell you what, let's go off the video record while the witness looks at the document for a second. THE VIDEOGRAPHER: The time is 5:28 p.m. We're going off the record. MR. POLK: The attorneys for Conwed haven't eaten today either. MR. WILL: Are we still on the written record? MR. BROWNSON: What is our schedule here? MR. WILL: Let's go through this one at a time. We did take a break following the cross-examination by Mr. Lanier. The court reporter asked for a quick 15- or 20-minute break. What people elected to do during that 15- or 20-minute time period 1 don't know. 331 1 Sayers 2 mind. 3 Q. That was in your view? 4 MR. BROWNSON: Objection, leading. 5 A. That was in my view. 6 MR. POLK: I'm calling for the 7 adjournment of the deposition. We can 8 resume tomorrow morning. 9 MR. WILL: We're going to continue. 10 Is that all right with you. II Mr. Sayers? 12 MR. POLK: No, sir, we're not going to 13 continue. It's 5:20. 1 have a medical 14 condition. Do you want to talk about that 15 out in the hallway? I have further recross. 16 Q. Mr. Sayers, let me ask you this 17 question: You were shown Exhibit 13 which had to 18 do with -- 19 MR. POLK: Counsel, 1 want an answer to 20 my question. Are we adjourning or not? 21 MR. WILL: No. We're proceeding for a 22 while. 23 MR. POLK: 1 think we better talk 24 about that. We can do it on the record or 25 off the record. If you want to be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 333 Sayers V Number two -- MR. BROWNSON: We sat here waiting to come back while you were sitting over there eating a lunch unbeknownst to us. MR. POLK: You had lunch brought in. You didn't offer lunch to us, even at our cost. You were in the conference room adjoining this room enjoying a lunch you brought in. We did not eat. You said 15 minutes. You don't go into New York City and have lunch in 15 minutes. MR. WILL: Counsel, nobody raised that at that time. MR. GOLDMAN: There was no suggestion that there was a lunch break. MR. POLK: If you think it is unreasonable for me to ask for a resumption. you go on the record and tell me that. We've been at this for ten hours. MR. WILL. Well, we haven't been at it for ten hours. We started at 9:30. There were numerous interruptions. MR. POLK: 1 was here actually at 8:30 this morning. That's how my ten hours is SPHERION DEPOSITION SERVICES 12121 490-3430 84 (Pages 330 to 333)