Document OzM547Bb1r7MrYanMVKajRNN1

Hicks, et al. v. ACandS, Inc., et al. 6/1/01 - Paul L. LeCour Page IIS Page 120 1 2 3 4 5 6 7 8 .9 ' 10 It 12 13 14 15 16 17 >8. 19 20 21 ' 22 23 24 25 Q. At any point prior to 1988, did you have any discussions with anybody at Genuine Pans, other than your attorneys, about whether or not you needed a warning on your boxes?. A. No. MR. RILEY: Okay. That's where you're getting tripped up. Did somebody else at Genuine.Pans make a conscious decisipn before '88 that'the product was made in such a way that they . did,not have to put a warning on it? THE WITNESS: Yes. MR. RILEY: And who was that? .THE WITNESS: That would have been .the general manager. MR. RILEY: Do you know when that decision was made? THE WITNESS: No. MR. RILEY: Okay. . Q. (By Mr. Dumler) Who was the general manager who made that decision? A. It would have been Ed Kipling. Q. Ed Kipling? A. Uh-huh. Q. Did you ever have any discussions with . 1 A. No, 1 do not recall that date. 2 Q. You don't have any recollection of the 3 first - 4 A-. No. '5 Q. Did you make any efTon, in connection with' 6 preparing for today's deposition, to find out when the 7 first lawsuit was filed against Genuine Pans for an 8 asbestos matter? 9 A. No. 10 Q. Do you know who you would go see to get that 11 information? ,, 12 A. Yes. 13 ' Q- Who? 14 A. Seotl Smith. IS Q. What's Mr. Smith's position? 16 A. He's legal counsel for Cenuine Parts Company. 17 (Plaintiffs' Exhibit LeCour 15 was marked.) 18 Q. (By Mr. Dumler) 1 hand you what's been 19 marked as Exhibit No. 15, which I'll ask you if you can 20 identify that document for me? 21 A. It's headed "Raybestos Manhattan Corporate 22 Headquarters, Product Liability." And it's Jim Arnold 23 at Balkamp, Inc., Indianapolis, Indiana. 24 Q. What else was Mr. Arnold's connection to 25 Genuine Pans? Page 119. Page 121 1 Mr. Kipling as to why he came to the conclusion that 2' no warning was required? ' 3 A. No. 4 Q. Did you ever go to Mr. Kipling and say, why 5 don't our boxes have a warning or are we warning or 6 I heard we're not warning? 7 A. Our understanding was, if you were processing 8 4 product that is either making it from scratch, being 9 the friction material manufacturer, or rebuilding it by 10 removing the old friction material and putting on new 11 friction material, yoji are concerned about asbestos 12 dust, and you need to take precautionary measures. 13 But when we finished doing our process and 14 we shipped it out, there was no other need to do any. 15 grinding, chipping, shifting, or anything to the 16 friction material. So it was not necessary to warn. 17 Q.. When is the first lime, sir, that Genuine 18' Parts was sued in connection with 3ny asbestos claim? 19 A. 1 can't recall the first time. 20 Q. I've seen a reference in other material dated 21 1980. Do you have any recollection of that date? 22. MR. RILEY: I'll object to that well. 23- All right. Go ahead. 24 Q. (By Mr. Dumler) I'm just trying to help 25 things along here. 1 A. I'm not aware. I don't know. 2 Q. Have you ever seen this document before? 3 A. No, 1 have not. 4 Q. Do you know why this would be in the files of 5 ' Genuine Parts? 6 A. Let me took.. . 7 MR. RILEY: Well, let me state for the 8 record, while he's reading it, that that 9 document was provided to counsel by Balkamp in 10 an effort to answer your interrogatories, II or interrogatories in another jurisdiction, 12 concerning the asbestos tape that was 13 . previously tested by two in the deposition. . 14 Q. (By Mr- Dumler) Do you have any knowledge 15 about the circumstances surrounding that request and 16 response from Raybestos? 17 A. No, I do not. IS Q. Do you have any idea who would have, other 19 than Mr. Arnold? 20. A. No, I do not. 21 Q. Has Genuine Parts made any effort after 1980 22 to be added as an additional insured under any products 23 . liability policy or purchase any products liability 24 policy itself in connection with any asbestos matter? 25 A. I'm nut familiar with that, no. WHEELER REPORTING COMPANY,TNC,, 40^351-^1577 31 (Pages I IS to 121)