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FILE NAME Kaiser Gypsum KG DATE 1998 DOC KG055 DOCUMENT DESCRIPTION Legal - Deposition of John E. Crum and Related Docs KAZAN MCCLAIN EDISES SIMON & ABRAMS A Professional Law Corporation 171 Twelfth Street Third Floor Oakland California 94607 510 465-7728 510 893-7211 FAX 510 835-4913 * TDD 510 763-8808 mail postmaster@kmes.com www.kmesa.com FACSIMILE COVER SHEET TO FROM RE February 12 2001 Barry Castleman Ph.D. Fax No 410 448-2368 Charles S. Richelson KAZAN MCCLAIN EDISES SIMON & ABRAMS | Stephanie Lambertson v Corning Fiberglas Corp. 067067 MESSAGE re Deposition TRANSMITTING A TOTAL OF 25 PAGES INCLUDING THIS COVER PAGE IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL AS SOON AS POSSIBLE AT 510 465-7728 CONFIDENTIAL This message contains information from the lawfirm Kazan McClain Edises Simon & Abrams which may be privileged confidential and exemptfrom disclosure under applicable law you have received this communication in error please notify us immediately at our phone number setforth above and we will be happy to arrangefor the return ofthis message via United States Postal Services to us at no cost to you Please do not disseminate distribute or copy this communication THANK YOU 02/12/01 16:23 KMESA 14104482368 VIDEO DEPOSITION OF JOHN E. CRUM 11/6/98 | 2 I themselves and state the parties they represent 2 MR BERGMAN Matthew Bergman for the plaintiff 3 MR PETTY 1am Ken Petty representing Kaiser 4 Gypsum Company 5 MS ZAKRZEWSKI Cheryl zakrzewski I represent 6 E.J. Barells 7 MR FICHELSON Bruce Fichelson representing 8 Kaiser Gypsum Inc. g MR CLARK Paul clark w.R. Grace 10 MR WEBB Henry webb c.C.R. 11 MR FERNANDEZ Anthony Fernandez for 12 American Corp. 13 MS WILLIAMS Anne williams Coming 14 MR STEPHENS The reporter's name is Karen Yates 15 from Sierra Nevada Reporters who will now administer the 16 oath to the plainti-- ~ 17 JOHN E. CRUM 18 called as a witness by Plaintiffs 19 having been first duly sworn 20 was examined and testified as follows 22020 22020 EXAMINATION 22020 BY MR BERGMAN 22020 Q Good morning 22020 A Good morning SIERRA NEVADA REPORTERS (702)329-6560 NO.067 P002-025 1 2 3 4 5 6 7 8 9 10 I 12 13 14 15 16 17 * 2822222 2822222 2822222 2822222 2822222 2822222 2822222 Kaiser Gypsum Gypsum Gypsum Salesman Salesman Salesman 1964-1988 1964-1988 Q sir And what does your eldest son do for a living A He works for he works for - can't recall the name of the company Q Okay is one of your sons a doctor sir A Yes he is Q A Q A Q. A. Q sir And what son is that That's Donald Ray Crum And what kind of medicine does Donald practice He's an emergency room physician Do you have any grandchildren have 11 grandchildren Do you have a close relationship with your sons A. Yes do | Q what are some of the things that you and your sons do wogether A well we have a boat we use that quite often we go chukar hunting and fishing when we're not working Q Do you work with your sons A Yes do Q How about relationship with your grandkids Do you see a lot of them A. see them a lot Enjoy very much And they stay in this house with me quite abit SIERRA NEVADA REPORTERS (702)329-6560 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q sir could you please tell the jury your full name A Q A Q A Q sir My name is John E. Crum m Mr. Chun where do you live live in this home right here Where is that located sir The location is 1200 chance Lane Reno Nevada And how long have you lived in this home here A have lived here since 11/15 of '88 Q '98 sir you think A of '88 Q Sir are you married A Yes am Q And what is your wife's name A Marilyn 1. crum Q is she here with us today A She's here Q How long have you and Marilyn been married A we have been married for 53 years Q Do you and Marilyn have any kids A We qQ what are their names and their ages A They are John Dean crum age 38. And Robert Lee crum he's 43. And Donald Ray Crum is 42 SIERRA NEVADA REPORTERS (702)329-6560 SIERRA NEVADA REPORTERS 702 329-6560 5 1 Q Do you have a special room in this house that is - > used by your grandkids -> A Yes have three- three- I have two bedrooms that they 4 occupy 5 Q sir you indicated a little earlier that you 6 = worked with your sons Are you still working 7 A Yes you bet 8 Q And what business are you in 9 A I'm in the building business until I got this 10 ssmesothelioma 11 Q could you tell me a little bit about the building 12 business that you used to be in before you got sick 13 A well we built houses like this one This is the 14 last house we finished 15 Q Now when you say the building business do you 16 mean that you hire contractors to build homes for you 17 A No we do all our own work all our own work 18 Q By we who else works with you 19 A My sons John Dean primarily My oldest son has 20 another job with another company 52033 Q. How many houses have you and John Dean built 52033 = together 52033 A Probably about 35 or 40 52033 Q And do you sell the houses that you build 52033 A No. SIERRA NEVADA REPORTERS (702)329-6560 . Pages 2 05/19/00 20:03 RX NO.0426 P.002 nl 02/12/01 16:23 KMESA 14104482368 _ VIDEO DEPOSITION OF JOHN E. CRUM 11/6/98 NO.067 NO.067 P003 1 2 30 4 S G 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 Q Or you rent them A well we keep the houses and rent them We hold -- -- we build the house we rent it Q You said that you built these houses yourself sir What are the kinds of things that you and John Dean = did when you put these houses together A on this particular house here we did everything but the roofing the drywall and the carpeting Q You did the concrete work A we did the concrete work we do the ~ everything in this house Electrical plumbing the boiler work we do the entire job and we don't have any we don't hire it out We don't let subcontracts Q sir I'm handing you what has been marked as Exhibit Two Can you tell me what that photograph shows This is this house right here Qis Qis that the house that you built with John Dean That's right we did everything on this house but the roofing we do the stucco work We do everything on here but the roofing and the drywall the jury Q sir Could you show Exhibir Two to please A The witness complies -- sin in this haa agathing tha you are proud A I'm very proud of this home SIERRA NEVADA REPORTERS (702)329-6560 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 72227 72227 72227 72227 72227 know find a good spot where we can catch orte Q. Do you go with the grandchildren fishing A We all go Q okay sir I'm handing you Exhibit One lask lask you if you can tell me what that is A Yeah that's a family picture of -LOO that's the grandkids my daughter and my - and my = preny daughter parents are there close group we are all a Q. sir before you started having your current health problems how were you feeling A was feeling great was feeling great up until about the eighth month and 1 got this tightness feeling across my chest and I went to the doctor And my right lung was full of this liquid The lung was clear up at the top collapsed The right lung was full of liquid so they drew over two quarts of liquid off of it Q And before August of 1998 sir had you ever had any serious health problems A was never sick had a hernia operation and that's about it That's the worst thing that had ever had had never been to the doctor Q Have you ever smoked cigarettes sir A Never Never Smoked a cigarette in my life Q sir in August of 1998 when the doctor drained the SIERRA NEVADA REPORTERS (702)329-6560 _ 1 Q Before you became ill sir did you and John Dean 2 have plans to build additional homes 3 A Yes We bought this piece of land right here and 4 there were five lots here and we have two houses built on 5 the property now And our next step was to go right next 6 door and build another one just like this We never build 7 two houses the same but the same footage and all thar 8 same quality that's in this house we were going to have next 9 = door 10 Q when you and John Dean are building houses 11 together sir how many hours a day would you work on 12 average day 13 A would say we work about nine hours a 14 average some days we if one of us are sick why we just IS take off you know Take off a couple days two or three 16 days if we want to But usually it's the other way around 17 we just keep going you know we work steady 18 Q sir before your current problems did you have 19 any plans to slow down 20 A never thought about slowing down 21 " what are some of the things that you and your 22 family do together when you are not building houses Bayliner 23 A well we go out in the boat we have a 24 boat And we go up to we go chukar hunting up near 25 winnemucca we go fishing when we get chance to You SIERRA NEVADA REPORTERS (702)329-6560 I 1 fluid off of your lungs what did he tell you was the 2 probable diagnosis 3 A well have an incurable lung cancer called = 4 mesothelioma I wasn't in the lung It was in the lung > cavity on the outside of the lung 6 Q And who was with you sir when your doctor told 7 ~~ you about your diagnosis son was 8 A My with me and my doctor son Don and 9 John Dean was with me 10 Q Did you and your sons and your doctor discuss 11 treatment options 12 A Yes 13 Q And what kind of treatment is available for your 14 mesotheliomamesothelioma 15 A. There is no treatment They did the biopsy thing 16 and that was prezry serious Then they just buttoned me up 17 They have no treatment for this your prognosis 18 Q what do you understand to be 19 A Well won't be here in a few months 20 Q sir are you experiencing any physical pain as a 21 result your mesothelioma 22 A It hurts bad 23 Q can you tell us where you are hurting 24 A well from half my body the right half to the 25 back to the spine around to right down there This right SIERRA NEVADA REPORTERS (702)329-6560 REPORTERS SIERRA NEVADA REPORTERS 702 329-6560 . Pages 9 05/19/00 05/19/00 20.03 TY RY NO 0126 P003 P003 02/12/01 16:24 KMESA 14104482368 NO.067 P004 there ,, ,> Q. Are you taking anything for your pain A Oh yeah They've got the pain under control If didn't have these parches they put on me they put these patches on and it's an opium patch It makes it so feel it see But have side effects sec from it can't Q. Are you having any trouble breathing A have a hard time breaching I'm shan of breath If walk 25 feet I'm breathless Q sir in the last two weeks would you say that your condition has gotten better or gotten worse A I'm getting worse every day Every day a little bit worse _ Q Today is Friday sir On Monday are you going to have any specialist come out and talk about your care needs A Yes I'm going to have a group here in town that tend to people like me Q is that hospice A Yes Q Sir what is your understanding as to what caused your mesothelioma A They told me it's caused from asbestos only Q Have you been exposed to asbestos over your life A Yes have been SIERRA NEVADA REPORTERS (702)329-6560 3232 I Norco for about ten years and i decided I didn't like Chico 2 anymore and I wanted to move to Nevada And so I moved to 3 Nevada with Kajser 4 Q How were you contacted by Kaiser about this job S opportunity 6 A Well the Kaiser regional sales manager approached 7 me and asked me if I wanted to go to work for them Q So what were your duties when you were moved to 9 Nevada and worked for Kaiser 10 A had northern California and Nevada excluding 11 Las Vegas 12 Q what kind of products did Kaiser Gypsum sell 13 A They sold gypsum wall board of course all kinds 14 all types of gypsum wall board They had a line of drywall 15 accessories 16 Q what are accessories sir 17 A Accessories are the items that finish the wall 18 = board 2922089 Q could you tell us what some of them are pe 2922089 A Like joint cement and they had all kinds of 2922089 textures Textures for the wall you know and acoustic wed 2922089 ceilings They had tape to tape the joints And they had 2922089 adhesives for dual ply insulation That was an accessory And And you in addition to selling Kaiser Gypsum 2922089 products sir in your region did you have any SIERRA NEVADA REPORTERS (702)329-6560 wmeoe T makbe ra klers makes in H Q Mr. Crum in 1964 did you go to work for Kaiser Gypsum Company A Yes did Q How was it that you came to work for Kaiser Gypsum Company A well was living in Chico had worked for SIERRA NEVADA REPORTERS (702)329-6560 33 , ss responsibilities for demonstrating the use of those MAWN = products MAWN A Yes we had a school up in seattle to teach the MAWN salesmen how to demonstrate these products how to finish MAWN the wall board and on And toften toften did this out in the 6 field had drywall contractors here in town have 7 apprentices start you know And they a want little bit of 8 help so we gave them what they wanted 9 Q And was the process that you would use to apply 10 Kaiser Gypsum drywall compound similar to the process that 11 you just described earlier with respect to United States IZ Gypsum 13 A Yes all drywall is finished the same 14 Q. And did you have any responsibilities to inspect 15 major jobs that where you were supplying product 16 A Absolutely 17 Q why was that 18 A well because sometimes the company puts out a 19 wall board that - they have cockles on the back and they 20 would have when the finishing was started the blistering 22037 took place calcined wall board So they want 22037 compensation when the wall board doesn't work perfect the 22037 customer wants to be compensated for it 22037 Q Beyond kind of trouble shooting sir did you have 22037 a more positive reason to go visit some of your job sites SIERRA NEVADA REPORTERS (702)329-6560 LA NEVADA REPORTERS 702 329-6560 . Pages 30 - 33 05/19/00 20:03 RX NO.0426 P.004 02/12/01 16:25 KMESA > 14104482368 VIDEO DEPOSITION OF JOHN E. CRUM 11/6/98 34 main l A Yes One of the main reasons was to keep on top 2 of the job and not let some competitor get in on and out 3 sell you Get the next load in other words 4 Q when you were regional sales manager for Kaiser 5 Gypsum sir did you sell for home construction or 6 commercial construction or both 7 A sold both had tract jobs thad the circus g Circus Hotel down here g Q ask about specific job sites in a minute 10 sir But before do that what were some of your major 11 customers when you were sales manager for Kaiser Gypsum 12 A well solari was one of my main customers of 13 course he's no longer around had Atlas Drywall had 14 numerous smaller drywall contractors solari was probably 15 the biggest drywall contractor that i sold 16 ie, are you familiar with a product called Spray 18 9822020 of course what is Spray sic 9822020 A It's an acoustic spray It's fallen from - 9822020 people don't desire it anymore They usually go for 9822020 ~= fs inished like this smooth wall 9822020 Q Did you sell - 9822020 A Textured ceiling 9822020 Q Did you sell Spray while you were sales minager SIERRA NEVADA REPORTERS (702)329-6560 NO.067 P005 36 sites I some of the commercial sites you worked on My first 2 question to you sir is was there a lot of hotel 3 construction in Redo in the late 60s and early 70s 4 A Nor too much 5 Q when did the 6 A We had Harrah's and we had the circus Circus The 7 ~~ first ~ ireuscircus Had the Ponderosa on south virginia 8 Ponderosa Hotel 9 But the hotel the hotel construction has 10 = blossomed since those days 11 Q okay want to try to first of all determine 12 some of your work on some of these construction sites was 13 ~ sthere a reason for you to go on a construction site before 14 the drywall was put on 15 A Yes 16 Q Why was that sir 17 A. To make sure that got my wall board on there 18 If you hang out in the house and don't get out on the job 19 sites to find out well what's the drywall contractor going 852259 = to do on this job He might order a competitor's product 852259 Q Are you familiar with a process called 852259 = fireproofing 852259 A oh yes 852259 4 ganvey decaribe for the jury what fireproofing 852259 is SIERRA NEVADA REPORTERS (702)329-6560 35 1 for Kaiser Gypsum 2 A Yes 3 Q What kind of buildings would Spray typically be 4 used in 5 A Oh that's strictly for home construction you 6 know And the reason is that they can finish the job 7 cheaper You know they don't have to spend the time 8 = sanding the ceiling to get it smooth If you have a job 9 = like this and you don't want to spend so much time on it 10 0s just do a rough job you can cover it up with spray 11 Q How does Spray come packaged sir 12 A comes in a bag It comes in I believe it's a 13 pound bag They put it in a hopper and mix up And 14 that's a dusty job too 15 . Q Why is it dusty sir 16 A well because it's a powder They put it in the 17 spray rig and mix up They mix it up and they shoot it * 18 on the ceiling 19 Q sir do you recall any of the job sites where you 20 = supplied Spray while you were working for Kaiser Gypsum 21 A oh yes Lewis Homes out here I had Lewis Homes 122 for years 122 Q Any other entities besides Lewis Homes * A Well we had Barker we had so many jobs 7 Q am going to ask you now some questions about TERRANEVADA REPORTERS (702)329-6560 37 I A Yeah that's a material probably the most - 2 = probably the best known one is zonelite It has to be 3 sprayed on all these steel buildings before any covering 4 = goes on the wall 5 Q = Why is that sir 6 A well because if a major fire starts in there it 7 ~~ melts the steel and down comes the building 8 Q And 9 A So they put it on there They spray it on there 10 just like they do wall texture They mix it up in a big vat 11 and they run the hose up in the building and they spray 12 every square inch of steel steel frame that is 13 Q Have you worked on buildings where Zonelite was 14 being sprayed 15 A Yes have been on them It's a messy it's a 16 messy thing 17 Q want to now ask you some questions After the * fireproofing goes on what is the next step in terms of your 292203A workwork as a sales representative for Kaiser Gypsum 292203A A Next step for me is as soon as it's cleaned up 292203A then they are going to stan stocking they are going to 292203A start putting the meal on and then the wall board is going 292203A ta go on there You better be there and find out whose 292203A ~~ material is going where 292203A Q I'm going to ask you now if you can recall the SIERRA NEVADA REPORTERS (702)329-6560 SIERRA NEVADA REPORTERS 702 329-6560 ' Pages 34 - 37 05/19/00 20:03 TX NO.0426 P.005 | 02/12/01 16:25 KMESA 14104482368 VIVEV VIVEV bk Qal~-yINJUNK E. LAN UNIVE 11/0/98 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 9 ZO 21 22 23 -24 25 38 hotels in Reno and carson city and Lake Tahoe where you sold Kaiser Gypsum joint compound A okay On Harvey's Wagon Wheel on Harvey's wagon wheel m Reno was Harrah's Harrah's first phase And then Circus Circus first phase large Small hotel That's about it And Ponderosa that wasn't Q Could you tell me whether or not you sold Kaiser Gypsum joint compound on the MGM Grand MR PETTY Object to form leading- A On the MGM Grand 1 sold 50 percent of the wall board and can't recall how much drywall accessories we sold there Q Are you familiar with a hotel in carson city , called the Ormsby House MR PETTY Same objection A The Ormsby House Yes = solari was buying from me Q Did Mr. Solari And solari had that job A He bought Kaiser Q Did Mr. - do you know whether Mr. solari bought - what products did Mr. solari buy from you on the Orrosby House project A. He boughs jaior cement Joint cement and spray . = texture And that's it think Tape tape he bought SIERRA NEVADA REPORTERS (702)329-6560 NO.067 P006 deposition 40 2 haven't seen these before the deposition N MR BERGMAN just got them today counsel or 3 yesterday 4 MR PETTY Other than the fact I was here 45 5s minutes before the deposition 6 MR BERGMAN 7 Q Mr. Crum in 1972 on account of your efforts did 8 you receive any awards 9 A Yes did 10 Q what award was that sir il A I was saleofstm he a yen ar 12 Q was that proud time for you sir 13 A Pretty it was a pretty good time 14 Q Could you hand me Exhibit 11 15 A. Yeah that's it 16 17 18 19 72227 72227 72227 72227 72227 72227 Q what is that sir A That's the salesman of the year award Q when you received your salesman of the year award sir was there a ceremony associated with that honor A Yeah we had a big dinner in oakland Q Who was present at that dinner sir A The C.E.O. the company was there Q who was the C.E.O. A The gentleman right.her MR PETTY What is this Mr. Bergman SIERRA NEVADA REPORTERS (702)329-6560 39 I tape 2 Q sir from your testimony it sounds like you sold 3 an awful lot of Kaiser Gypsum products 4 MR PETTY Object to the form of the question 5 Leading 6 did sold a lot of wall board and product 7 Q Did you receive any recognition from your company 8 for your sales efforts 9 A Yeah Yes did 10 Q Handing you what has been marked as Exhibit Seven 11 is this one of the ' 12 A Yeah that's one 13 Q And in March 1965 did you receive another 14 commendation 15 A Yes that's another one 16 Q was 1972 a good year for you as a Kaiser Gypsum 17 sales representative 18 A very pretty good year 19 Q Handing you what has been marked as Exhibit Nine 20 is that the commendation that you received 21 A Yes absolutely 2337 Q. And Exhibit Ten is that also a commendation you 2337 received in 1972 2337 A You bet 2337 MR PETTY Counsel is there any reason we SIERRA NEVADA REPORTERS (702)329-6560 is Exhibit 41 1 MR BERGMAN That is Exhibit 12 2 Q who is the individual in the blue suit standing 3 next to you sir 4 A That was Mr. Costa 5 Q what was his role in Kaiser Gypsum 6 A He was chief executive officer of Kaiser 7 Q Mr. Crum in 1972 did you sell a small amount or a 8 large amount of Kaiser Gypsum joint compound 9 A would say my volume was fairly large 10 Q How many can you give us some idea of how much 11 Kaiser Gypsum joint compound you sold in 1972 12 A No I couldn't guess even without - it tells in 13 one of these letters here 14 Q Berween 1972 and say 1975 sir did you continue 15 to sell Kaiser Gypsum joint compound 16 A Absolutely as much as I could 17 Q How many bags would you estimate you sold during 18 that time period 19 A Oh that's a difficult question I would say 20 =.10,000 bags maybe 21 Q Sir I'm handing you what has been marked as 22 ~~ Exhibit 13 which are Kaiser Gypsum's answers to 23 Interrogatories in another case I would ask you sir to 24 read the response to that interrogatory 25 A right It says here Beginning in 1972 SIERRA NEVADA REPORTERS (702)329-6560 SIERRA NEVADA REPORTERS 702 329-6560 Pages 38-41 38-41 38-41 . 05/19/00 20:03 TX NO.0426 P.006 Bi 02/12/01 16:26 KMESA 14104482368 VIDEO DEPOSITION OF JOHN E. CRUM 11/6/98 _ and 1 Kaiser Gypsum affixed caution labels to the packages 2 containers of its asbestos containing products The warning 3 tabel as prescribed by OSHA read Caution contains 4 asbestos fibers Avoid creating dust Breathing asbestos 5 dust may cause serious bodily injury 6 o sir did you ever see a warning in 1972 on any bag 7 of Kaiser Gypsum joint compound 8 A. Never saw never saw a thing like that at all on any 9 any bag 10 Q How about ^fin1973 sir Did you ever see - 11 warnings on any Kaiser Gypsum bags 12 A No never have seen a warning like that 13 Q How about in 19747 14 A No. never seen one 15 Q How about in 1975 ever 16 A Never 17 Q sir I'm handing you Exhibit 14. Have you 18 seen a warning such as that depicted in Exhibit 14 prior to 19 today = 922A A Never saw a thing like that before in my life Q sir did you ever receive any oral notification 922A922A from anybody at Kaiser Gypsum - 922A ^ 25 A No. ' - that asbestos coming inint compounds had asbestos in them IERRANEVADA REPORTERS (702)329-6560 43 I 2 3 4 S 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No never have Q Did you ever receive any oral warnings or oral notification from anybody at Kaiser Gypsum that - A NO joint Q that breathing breathing asbestos from the joint compound could be dangerous A No never did never did see a label like that at all on any product . Q sir did you value your relationship with your customers A Absolutely Q Did you communicare product information to your customers A Yes did everything could Part of my job Q Did you ever have an opportunity to tell your customers that the Kaiser Gypsum joint compound you were selling them was hazardous to their health A Never never did that never knew anything about this Never saw it Q sales representative would it have been your responsibility to - A should have known that If I saw it should I wouldn't have sold him have told my customer And = product product How does the SIERRA NEVADA REPORTERS (702)329 6560 NO.067 P007 1 2 3 4 5 6 7 B 3 10 11 12 13 14 15 16 17 18 A These are these are my friends Q sir who is does it make you feel today to know that Kaiser Gypsum joint compound had asbestos in it A well bad If it causes this it's bad Q want ask you a few more questions sir about mesothelioma can you describe for us I think you've your described to us some of the physical symptoms you've as a result of your illness How about some of experienced that have had the emotion and spiritual symptoms you They are deep They are deep don't know what can tell you but this is going to kill me MR BERGMAN That's all the questions I have THE WITNESS That's hard to make MR BERGMAN That's all I have at the present time Thank you MR PETTY Let's go off the record There was a discussion off the record The deposition concluded at 11:10 a.m. 19 20 21 22 23 24 25 ST^ RRANEVADA REPORTERS (702)329-6560 I JOHN E. CRUM do hereby swear or affirm under penalty of perjury that the assertions and answers of this deposition are true DATED at Reno Nevada this day of 11999988 4 ' i j 45 JOAN CRUM SIERRA NEVADA REPORTERS (702)329-6560 SIERRA NEVADA REPORTERS 702 329-6560 Pages 45 | 05/19/00 20:03 TX RX NO.0426 P.007 02/12/01 16:26 KMESA 14104482368 NO.067 P009 N 3 + 5 6 7 IN THE SUPERIOR COURT OF WASHINGTON 8 FOR KING COUNTY 10 10 SYLVIN W. PICKNER and EVELYN I 1111 i PICKNER a married couple ) ) 1212 Plaintiffs ) ) 13 V. ) 1414 OWENS CORNING et al ) 1515 Defendant ) 1616 No 98-2-09390-1 SEA oe ; KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FP ORRODUC OFTDOI CUO MENN TS 1817 PROPOUNDING PARTY SYLVIN W. PICKNER and EVELYN I. PICKNER 18 RESPONDING PARTY KAISER GYPSUM COMPANY INC PRELIMINARY STATEMENT No single person associated with Kaiser Gypsum has the knowledge necessary to supply every answer to these interrogatories and request for production and a number of individuals who might have had personal knowledge of the matters addressed by these interrogatories are either deceased or no longer employees of Kaiser Gypsum KAISER GYPSUM COMPANY INC.'S RESPONSES _ TO PLAINTIFFS FIRST SET OF INTERROINTEROGATOGRIES ADOTCUOMENRTSIES FOR ORIGINAL Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 21916 Address Seamle VF. . mms 05/19/00 20:03 RX NO.0426 P.008 | ow su Gor a 0 -- COPIES KAISE GYPSUM COMPANY .C OFFICE MEMORANDUM = 11529 DEFDOC KAISCE R.L. Allgood C.E. Caprye J.D. Cassidy J.D. Chambers N.D. Dicks D.H. Homan J.F. Modaff P.D. Coleman : W.L. Traub J.H. Walton . R.J. Wibora S.R. Witt 7 CC P.J. G.B. J.C. TOW Franklin Kirk Reilly Schamen y DATE FROM AT ; March 1 1965 L.R. Flicker KC 2482 SUBJECT Health Hazards _ The attached material has Gypsum Association and is formation been received presented for from the your in- connection with protection against asbestos , it is advised to use a respirator with a filter especially designed for asbestos dust LRF LRFLRF sb sb Crooby EXHIBIT NO PLAINTIFF'S EXHIBIT 7 BBY. HOBBY 11-4-98 11-4-98 PLTF 0502 4200 ASBESTOS IS POINTED OUT 0024 AS CAUSE OF LUNG CANCER by Alton Blakeslee AP Science Writer NEW YORK AP -- Medical specialists pointed a strong finger of suspicion today at asbestos as a cause not only of lung cancer but also of another another extremely rare form of fatal human cancer This cancer known as mesothelioma abdominal and chest cavities involves the lining of the Much of the specialists evidence comes from autopsy studies of men working with asbestos as an insulation insulation material , ing They said it also asbestos might be is possible that dust from products containexposing people generally to some risk of cancers tell How much risk there might be they said they could not Release Dust Asbestos is used not only for insulation but as a flooring material in automobile brake shoes and in many other applications - Ordinary wear and tear they said might release dust into the atmosphere The report was presented to the American Public Health Association by Drs Irving J. Selikoff and Jacob Churg of the Mount Sinai Hospital New York and E. Cuyler Hammond Sc.D. director of statistical research for is known for his studies the American of cigarette Cancer Society Dr. Ham and smoking in relationship to lung cancer : Asbestos is million tons of 1935 worldwide a mineral magnesium silicate and about 3 1/2 it are used worldwide each year they said In usage amounted to about 500 tons the researchers said Liny hard particles of asbestos can lodge in the lungs during mining processing and application of containing materials or possibly from dust raised through normal wear they said We had previously found that lung cancer and possibly gastrointestinal cancer were markedly increased in incidence among asbestos insulation workers they said PLTF 0503 2 Increase Noted Now they also find a markedly high increase among such workers of mesothelioma a cancer so rare it is not classed separately as a cause of death in the international classification of diseases As a prime example they reported finding 10 deaths due to this form of cancer in a study of 307 deaths among New York and New Jersey building trades union members engaged in using asbestos at least occasionally as an insulation material By contrast this form of cancer was found to be the cause of death among only three out of more than 30,000 autopsies in a study of the general population sponsored by the American Cancer Society Other Studies Other studies showed a high incidence not only of lung cancer but mesotheliomas among persons who had asbestos particles in their lungs at the time of their deaths they said It would appear that mesothelioma must be added to the neoplastic cancer risks of asbestos inhalation and joins lung cancer 53 out of 307 deaths and probably cancer of the stomach and colon 34 of 307 deaths as a significant complication of such industrial exposure in the United States their report said The cancers may not appear until 20 to 30 years after asbestos dust is inhaled or swallowed they said Since the particles do not dissolve they may remain in body tissue as a continuous source that might incite ultimate cancer _ Dr. Hammond said one worry is past exposure might set the stage matter calling for more research whether a few or even a single for cancer He said this is a Taking precautions to avoid breathing in asbestos dust is a main protection for industrial workers he and Dr. Selikoff said PLTF 0504 : a - Me ; NoN. o. 142 142 142 TO CopiesCopies Copies Copies Copies AllAll Safety Safety Safety Safety Safety Safety Supervisors Supervisors Supervisors Supervisors SupervisoSruspervisors SupervSiupesrvisoorsrSsupervisors M. Franklin P. FranklinGarouste Franklin Franklin M. M. GarousteGarouste Garouste E. Schaper SchaperSchaper Schaper E. Schaper Schaper Schaper Walker J. Walker kh FroDmate Date : L.L. R. Flicker Flicker Flicker Flicker March Flicker MarchMarch March 2929 19616966 1966 a as : SEASONAL SEASONAL SEASONAL SEASONAL SEASONAL SEASONAL SEASONAL SEASONAL REMINDERRSEMRIEMNIDNEDRESRSREMINDERRSEMINDERSREMIRNEDMEIRNSDERS . . ASBESTOSASBESTOS ASBESTOS Recent RecentRecent studies studies studies authorities medical authoritiaesuthorities authorities authorities authorities tendtend to Recent Recent tiontion betwen inhaltion inhaltion inhaltion medical authoritieausthorites dust and posible cornes- persons inhalation inhaltion asbestos dust persons persons persons asbestos dust asbestos of are persons between inhalation work work inhalation in in inhalatiinhoalantion of asbestos asbestos vicinity vicinity vicinity and asbestos asbestos asbestos asbestos asbestos are persons betwnaproved inhaltion inhaltion asbetos arecancerwearing proper respir- persons aproved Bureau for ator ator approved ~ the the U. S. Bureau Bureau Bureau Bureau Bureau Bureau of of Mines Mines Mines Mines foforr some some some possible possibploessible pos ible certain certain Be wearing wearing a properproper wearing dust asbestoassbestosdustdust . cornes- cornes- thatthat respir- respir- cornes- all respir- respir- FILMFSILMS ON BACK STRAISN TRAIN FILMS filmfilm STRAINOhOh A new new film My Aching Aching Back BackBack " hashas has been beebn een produced rentedAchingAching free Back Mines It can can be rented rented rented Pitsburgh new film Pena be n thperoducedproducedBureauBureauby the U. S. Ave. Pitsburgh Pitsburgh Pitsburgh PittsburghPittsburghPitsburgh , Penna PennPaennPaenna free free by writing writing writing writing writing the Bureau ; by the at the 488488 Bureau Bureau Bureau Forbes ForbesForbes Ave.Ave. of of , . ROPE WIRE ROPE WIRE quarter firsftirst firstfirstfirst quarteqruarter quarter Director DirectorDirector later later April survey15survey the the Safe SURVEY SURVEY quarter Director Director wire wire report on your your your wire wire roproepe rope report notnot not later later thanthanthan AApprilrilApril April April survey survseuryvi ey s is due due due in in the the the office officofefice officoe ffiocfefice of Your Your report report EMPHASISon oficethePROGRAMofPROGRAfMirst Emphasis is SAFETYSAFETY SAFETY EMPHASIS EMPHASEIMSPHASIS report in reportreport the office PROGRAM on the office office thtehethSeafetySafety SafetSyafety Director Director Director Emphasis first of Safety quarter quarter Safety Safety not Safety Safety DirectDorirector Director Safety Emphasis Director Director Emphasis is your later later program program youryour Emphasi program program than than at AprilApril April planptlantplanptlant is . CLOTHING CLOTHING CLOTHING CLOTHICNLGOTHINGCLOTHING CLOTHING show thatthat our weldrs welders and burners burners aarere stil wearingthan flamable flamable Why show wait very much " HotHot " subject subject very much burners subject welders welders welders and burners wait our our burners J is is burnedburned burned in more more stil deathdeath deathstill waysstill wayswearing correct correct wearing one one flammable this this flam ble hahzaradzard Recent Recent Recent flamable flammable Recent clothing surveyssurveysclothincglothingsurveys hazard hazard hazard -- -- ---- PLAINTIFE'XHSIBIT EXHIBIT EXHIBTEXHIBIT PLAINTIFF'S PLAINTIF 'S EXHIBIT PLAINTIFF'S PLAINTIF 'S 8 -- -- ---- -- -- ---- ---- ---- ---------- -- ---- ' f - PLTF 0434 ot -2HAZARDS OF SCALDING WATER _ Three men were severely burned when showered by scalding water during a plant operation to clean out a stopped drain The temperature of the water was known but correction of exposure by the wearing of protective clothing etc. was not taken Next time your den do a job where there is possibility any possibility of burns from hot water water be ce cain and take ALL pre- cautions necessary VISUAL EDUCATION As a part of the continual effort of of Safety Training and Education the Safety Director is developing a series series of colored slides and script covering safety subjects taken and applicable to our operations The first set on eye injuries is now ready ready for your use We also have slides on lift trucks lifting and lockouts lockouts -- all yours for use upon your request to the Safety Director ### ###### ### gato, RAW MATERIAL PLAN PLAN DRYWALL ACCE..ORY PRODUCTS APPROVALS 461-772-0 461-772-0 USES SSitiSt itttt APPROVED SOURCE ALTERNATE SOURCE * ; ASBESTOS 7RF10 LLETIN NO DATE PAGE J045 6/20/72 of CANCELS DATE J045 12/4/69 Joint and Finish Compounds Texture Paints Philip Carey Manville Oo SPECIFICATIONS > 1. Mixing Water Requirement 2 Free moisture 200 480 to 550 2.0 3. Color 4 Grit Light Gray 0.05 maximum All passing 80 mesh screen 5. Calcium carbonate CO2 method - 6. Canadian screen 7. pH 10 dispersion | 8. Wet bulking 1.0 maximum 0.0-0.0-0.0-16.0 7-8 Pa 250-350 PLAINTIFF TABILES EXHIBIT TABILES ---- -------- ---- 11-4-98 11-4-98 11-4-98 The following information isis for Kaiser Gypsum Company personnel only Testing Schedule - Take a minimum of one 1/2 pound sample from each pallet iin n shipment with a maximum of 20 samples Test two random samples for grit and wet bulking Test 10 samples for mixing water requirements Retain a representative sample from each shipment for one year : SAFETY Employees should should wear respirators when handling weighing and batching asbesto * Use Altemate Source in emergency only due to color For regular use Altemate Source must be rechecked by Research and approved PLTF 0216 . -10- RAW MATERIAL BUIE .. . DRYWALL ACCES RY * PRODUCTS ASBESTOS . 7RF9 7RF9 | LETIN NO 1046 DATE 6/20/72 | PAGE of APPROVAPPAROLVASLS fal eit ink F YfIPYAMHh CANCELS | DATE | J046 J046 12/9/69 US Joint and Finish Compounds Texture Paints APPROVED SOURCE ALTERNATE SOURCE * Philip Carey | Manville SPECIFICATIONS 1. Mixing Water Requirement 208085756 2 Free moisture 200 208085756 mT 3 Color 208085756 4 Grit . 450 to 550 2.0 Light Gray 0.05 maximum All passing 80 mesh screen 5 Calcium carbonate CO2 method 6 Canadian screen 1.0 maximum " 0.0-0.0-0.0-16.0 7 pH dispersion 8 Wet bulking 7-8 200-300 eas . - a7 | : of re Z The following information is for Kaiser Gypsum Company personnel only Testing Schedule . * Take a minimum of one 1/2 pound sample each pallet , shipment with a maximum of 20 samples Test two random samples for grit and wet bulking Test 10 samples for mixing water requirements Retain a representative sample from each . shipment for one year SAFETY Employees should wear respirators when handling weighing and batching asbestos * Use Alternate Source in emergency only due to color For regular use Altemate Source must be rechecked by Research and approved . -10- PLTF ee ee een RAW MATERIAL NETIN DRYWALL ACCESSORY PRODUCTS APPROVALS Ae CARE SOUNDSOUND SOUND CARE APPROVED SCURCESSCURCES . ft _ |. t ct ASBESTOS SG 210 BULLETIN NO DATE PAGE _ CANCELS DATE * Union Carbide 210 RMJ 6/20/72 of 1 - J2D 9/15/69 SPECIFICATIONS : 1. Magnetite 5 . ; 2. Reflectance G. E. Photovolt 3 3. Dry Bulk Density cu.ft 4. Wet Screen Retain on 80 mesh % 325 mesh 2.5 maximum 68.0 minimum . 5-6 . 0.8 maximum 15.0 maximum WARNING respirators Exployees should wear batching asbestos asbestos when handling weighing and ~ PLTF 0218 RAW MATERIAL BIN BIN DRYWALL ACC .ORY PRODUCTS . ASBESTOS 7TF1 JULLETIN NO DATE PAGE J050 6/20/72 1 of 1 APPROVALS B briAkPPZRAOeVPAPLpSROVALS USES - CANCELS DATE | Joint and Finish Compounds Texture Paints J050 1/26/71 1/26/71 o ws APPROVED SOURCE Philip Carey ba ALTERNATE SOURCE * Manville SPECIFICATIONS 1 Mixing Water Requirement 330 to 370 OS 2 Free moisture 200 2.0 maximum wee 3 Color Light Gray 4 Grit 5 Calcium carbonate CO2 method 6 Canadian screen 0.05 maximum All passing 80 mesh screen 1.0 maximum 0.0-0.0-0.0-16.0 7 pH 10 dispersion 7.5-8.5 9 9 oe 8 Wet bulking 100-130 The following information information is for Kaiser Gypsum Company personnel only Testing Schedule . Take a minimum of one 1/2 pound sample from each p^lletin shipment with a maximum of 20 samples Test two random samples for grit and wet bulking Test 10 samples for mixing water requirements Retain a representative sample each . shipment for one year SAFETY Employees should wear respirators when handling weighing and batching asbestos * Use Altemate Source in emergency only due to color For regular use Alternate Source must be rechecked by Research and approved -10- PLTF 0219 - KA To H. C. Dupuis AT KC 2458 ST COPIES ST H. L. Weightman V. Smith ER GYPSUM COMPAN INC DA - 047047 OFFICE MEMORANDUM DATE 5 November 1971 FROM ' AT i) / A. F. Raffaelli Antioch SUBJECT ASBESTOS FIBER an) a of asbestos and amount used in our The attached recap shows the type of % to about 10 This Accessory products ranging from low to provide reinforcement basic part of each product In addition the asbestos fiber is a of the material on drying and resistance to cracking such as mixing water coverage asbestos controls other product performance and application qualities fiber is restricted to con- If Legislation banning the use of asbestos our accessory products affected struction products that are applied Heat Compound Santa Ana and will be Spray Watl Texture RadiAalnlt of these formulas require some formulas Radiant Heat Surfacing Compound material for effective job performance The Walltex use a . fiberous raw while the other three products use a very short fibered asbestos raw material may be available fiber 7D and 3Z grades A substitute fibered asbestos with no longer which will replace the long such as cotton fiber loss in the product quality and performance we will be banned from all of our accessory products The If asbestos fiber is of substitution or reformulation faced with a more difficult problem and finish compounds use a short fiber Wall Texture and all of the joint we have reduced the fiber per- Compound on product develop asbestos In one product buTtopwpeindgo not have any experience centage to less than % / ment with no asbestos fiber / Attachment Attachment PLAINTIFF'S EXHIBITI EXHIBITI ---- ---- 11-4-98 11-4-98 PLTF 0333 A . : To" a COCOPPIESIES TO SUBJECT a G. B. Kirk 1145 KB | OFFICE INTER OFFICE MEMORANDUM DEFDCE DEFDCE Spadd U T Spadd 1161 1161 Loget 7 te ad DEFDCE WAIN WAIN 10/0 WAIN WAIN DATE September 28 19 J. W. Blewett - 2459 R. C. Crowle - 2447 H. C. Dupuis - 2458 P. J. Franklin - 2451 J. C. R. Grimme - 2470 E. G. M. Perry - 2657 Schaper J. H. Walton = 2451 - 1586 Asbestos ~ Labeling Kaiser FROM K. Parker - 2649 N. Reddick - 2659T Cement Products J. E. Toomey 2641 This memorandum deals with the labeling of the packages of Kaiser Gypsum Company Inc. for its various gypsum products containing asbestos or other materials that some sources have alleged to be injurious to health and is written at the request of Jim Parker It is my recommendation that Kaiser Gypsum not apply caution or warning labels to any of its packages except those con- taining asbestos and as to them caution labels should be applied letters visible to each package which labels are to be printed in of sufficient size and contrast as to be readily and legible The labels shall state CAUTION , Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May Serious Bodily Harm Cause a Immediately below the label but not necessarily in lettering of the same size insert Above label is in compliance with Federal Regulations relating to Occupational Safety and Health Standards 29 CFR 1910.93a The reason for using the foregoing label only for asbestoscontaining products is that they are the only gypsum products which Federal laws at this time require to be marked The regulation went into effect July 7 1972. Therefore every effort should be made to immediately comply with it be label should be applied by stencil stamps stickers Or whatever may be the most convenient means for prompt compliance It is recommended that no reference be made or as to the effect of any other material marketed Gypsum or treatment given its products such as warning given by Kaiser mixing or PLAINTIFF'S EXHIBIT 13 HOBBY HOBBY vil stp? sanding because there are no existing Federal or State laws or regulations which require them and there appears to be considerable confusion and disagrement disagreement as to their whether or not any harmful effects result from such noteheedr or material Therefore at this stage to volunteer instructions may give rise to inferences implications constructions the correctness of which is now in doubt and the effect of which may be to add furthetro the confusion This memorandum does not deal with the use and asbestos and other materials in handling of tions in our plants since our SagfyeptsyumMmeadniucfaalctuarnidngIR opera- organizations are involved with these matters JET jh * The above is based on a comprehensive investigation which Ernie and I have made However there is a proliferation of laws rules regulations etc. issuing from governmental bodies at this time dealing with potentially harm- ful substances and the like Therefore if any of you now know or later learn of any requirement for applying warning or caution labels to our products please advise me or Ernie Reddick PLTF 0303 KAISER GYPSUM COMPANY INC To G. B. Kirk Ar OakOalklaannd d OFFICE MEMORANDUM DATE March 1 1974 Kn 4 ICN COPIES TO J. W. Blewett via GBK T. Y. Smith H. L. Weightman A. F. Raffaelli SUBJECT DUST FROM JOINT COMPOUND JOB OPERATIONS FROM AT J. S. Sheahan Antioch R & FL 4.1.0 00022 We have received a group of three reports from the Gypsum Association covering amounts of asbestos and siliceous dusts generated during mixing and sanding of joint compounds on typical jobs The overall summary by the testing agency states There was evidence of exposure of workers to airborne concentrations of asbestos and both total and respirable siliceous dust in excess of acceptable limits as estab- lished by OSHA Because of the high concentrations of total dust gener- ated during the mixing and sanding activities it is clear that control of the total dust problem would provide an inherent control of the associated asbestos and silica problems as well The first report deals with dry and premix products from the other five major gypsum companies with NGC materials not included The dust sam- ples collected were so heavy that reliable tests for asbestos could not be made and only siliceous dust values are reported The two second of the report covers a above companies recheck using dry and premix products on siliceous dust values from third report reporretport report report covers asbestos dust from the products used for the our own of the tests on test data is attached our own products Also attached is a summary of ACTION REQUIRED 1 Review and recommendation as to whether asbestos warning labels may legitimately be removed from our premix products The law states that no label is required where asbestos fibers have been modified by a bonding agent coating binder or other material so that during any reasonably foreseeable use no airborne concentrations of asbes- tos fibers in excess of the prescribed exposure limits will be released Our company is the only major company carrying the asbestos warning on its premix and it is costing us business 2 Recommendation as to company's position on what is next step to be taken by the Gypsum Association Study Committee on this project That committee is already on record in favor of placing the asbestos warming and a dust warming on all cags and pails of joint compound JSS Attachment os PLAINTIFF'S EXHIBIT 16 . ---- --------,-- ------, 11-4-98 PLTF 0495 SUMMARY OF CYPSUM ASSOCIATION REPORTS FIRST FIRST REREPPCCEEMM September 1973 tests - Siliceous Dusts asbestos dust data not reliable Mixing of 5 dry powder joint compounds not including Kaiser Worker exposure breathing zone 8 hr TWA OSHA Limit ** Total dust - 8.9 to 21.6 cu m * Respirable dust - 1.3 to 9.1 cun cun * General area exposure Total dust -10.8 -10.8 to 34.0 mg 3.1 to 9.7 Respirable dust - 0.8 to 2.6 mg m * Sanding of joints from 5 dry powders and 5 premixes Worker exposure breathing zone Total dust - 72.5 to 244.4 mg . Respirable dust - 1.5 to 5.6 mg m General area exposure 2.4 to 15.0 * Total dust - 27.7 to 136.7 mg m 4.0 to 15.0 Respirable dust - 4.4 to 23.0 cu m 0.7 to 5.0 * not calculable because samples too small to analyze for free silica content needed for the calculation Respirable dusts are specific size fractions of the total dust ** The OSHA limit amounts vary because they are dependent on the amount of silica present ; 1 There was no significant difference among dust levels generated by sanding joints which used dry powder compounds versus those which used premix compounds panufacturepr's anufacturer's product product was significantly closer to complying with limits limits than were the others 3 It is said that the individual worker is unlikely to have more than 2 hrs worker direct exposure to mixing or sendisending ngeach workday a PLTF / , SUMMARY OF GYPSUM ASSOCIATION REPORTS , " SECOND PEFORT | November 1973 tests - Siliceous Dusts Mixing of two dry powder joint compounds Worker exposure breathing zone Total dust - 11.7 and 33.8 mg cum | Respirable dust - 8.5 and 6.9 cu General area exposure Total dust - 121.6 and 98.3 mg cum 8 hr THA OSHA Limit ** | * | * | . | 6.7 and 5.4 Respirable dust - 13.8 and 12.2 mg m 1.3 and * . Sanding of joints from 2 dry powders Worker exposure breathing zone Total dust - 109.5 and 196.3 mg m | | 8.8 and 5.0 | Respirable dust - 3.3 and 2.0 cu_m * General area exposure | a Total dust - 96.4 and 76.5 mg m i 8.3 4.0 | Respirable dust - 14.6 and 7.6 mg cum . 3.3 and 1.9 Sanding of joints from 2 premixes Worker exposure breathing zone Total dust - 69.2 and 87.3 cum cum Respirable dust - 3.9 and 6.4 cum General area exposure 9.4 and 10.0 * 7 - | Total dust - 54.9 and 91.3 mg cum 5.6 and 1.5 Respirable dust - 4.9 and 7.9 * and 3.1 * Not calculable because samples too small to analyze for free silica content needed for the calculation we The OSHA limit amounts vary because they are dependent on the amount of silica present NOTE 1 It is said that the individual worker is unlikely to have more than 2 hrs didi rr ee cctt exposure to mixing or sanding each workday 4 PLTF 0497 | SUMMARY OF GYPSUM ASSOCIATION REPORTS Confidentk November 1973 tests - Asbestos Dust fibers longer than 5 micrometers OSHA Standard - continuous exposure OSHA Standard - peak exposure 5 fibers 10 fibers Worker exposure breathing zone Mixing 1st dry compound 2nd dry compound Sanding 1st dry compound 2nd dry compound 1st premix premix 2nd premix premix 10 min samples avg --- 4.4 fibers 4.2 | 10.8 31.4 fibers . 7.6 fibers 30 _ min samples aliquoted & redeposited _ 39.4 fibers 14.8 11.1 9.7 6 of 13 sanding tests 10 min of 5 fibers samples indicated concentrations in excess 2 of 13 sanding of 10 fibers tests 10 min samples indicated concentrations in excess It is said that the individual worker is unlikely to have more than 2 hrs direct exposure to mixing or sanding each workday PLTF 0498 RESULTS OF TEST WITH KCC COMPOUNDS BY UNION CARBIDE Asbestos Dust fibers longer than 5 micrometers . [> Worker exposure breathing zone Mixing joint compound with drill mixer Mixing finishing compound with potato masher Sending joint done with Premix Topping Sanding joint done with Premix Dual Purpose Sanding joint done with Finishing Compound fibers 54.6 66.5 4.3 Since in no case the sampling time was longer than 2 minutes these should be used only as general guides to indicate gross relative differences PLTF 0499 ; ian ed. ae edhe KAREN MARCUS ESQ KINCAI, GIANUNZIO CAUDLE & HUBERT A Professional Corporation 200 Webster Street Suite 200 P.O. Box Oakland 1828 California 94604-0828 PECTIVED PECTIVED PECTIVED 415 465-5212 AUG Attorneys for KAISER GYPSUM Defendant COMPANY INC IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ALAMEDA 10 11 12 13 14 15 ON, 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF KINCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET DAKLAND CA 94607-3789 IN RE SHIPYARD AND APPLICATOR ASBESTOS CASES CONSOLIDATED FOR DISCOVERY Sf NO 537868-7 KAISER GYPSUM COMPANY INC.'S ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES PROPOUNDING PARTY : Plaintiffs RESPONDING PARTY : Defendant KAISER GYPSUM COMPANY INC SET NUMBER : ONE DATE : July 31 1987 GENERAL OBJECTIONS The following general objections are intended to apply to each and every interrogatory and informal production request contained herein and these general objections are hereby incorporated by reference into each of the interrogatory answers and production request responses hereinafter contained which are offered in the spirit of discovery and without waiving these general objections or any specific objections contained hereinafter KAISER GYPSUM COMPANY INC KAISER GYPSUM objects to plaintiff's definitions and instructions and interrogatories in their entirety on the grounds that they are overbroad burdensome harassing and oppressive Furthermore - 9,19,27 10 11 12 13 14 15 16 17 18 19 20 21 22 23 22 25 26 27 28 HE LAW OFFICES OF NCAID GIANUNZIO AUDLE & HUBERT A PROFESSIONAL CORPORATION X WEBSTER STREET KLAND CA 94607-3789 NICE ConjectConsjects Conjects Conjects to plaintiff's definitions and instructions and interrogatories in their entirety on the grounds and to the extent that they seek to impose obligations which are beyond those posed by the California Code of Civil Procedure seek discovery in violation of the attorney product and attorney privileges and seek to compel discovery on behalf of other persons or entities KAISER GYPSUM objects to plaintiff's definition of this defendant to the extent that it purports to require information as to all predecessors in interest successors in interest and subsidiaries which are not parties to this action Without waiving any general or specific objections KAISER GYPSUM responds to plaintiff's consolidated First Set of Interrogatories on its own behalf as follows ANSWER TO INTERROGATORY NO 1 Donna M. Anderson Assistant Secretary 300 Lakeside Drive Oakland California George Kirk Retired 720 Palomar Drive Redwood City California 94062 Harlan Dupuis Retired 30 Tappan Lane Orinda California 94563 ANSWER TO INTERROGATORY NO 2 KAISER GYPSUM objects to this interrogatory as overbroad burdensome harassing and oppressive Rather than identify each document KAISER GYPSUM offers to make available to plaintiff for inspection and copying any relevant nonprivileged documents in its possession that are responsive to this set of interrogatories at or near its corporate headquarters in Oakland California at a mutually agreed upon time at plaintiff's expense ANSWER TO INTERROGATORY NO 3 a KAISER GYPSUM COMPANY INC b Washington C. November 28 1927 d 300 Lakeside Drive Oakland California e None 10 11 12 13 14 15 | 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF KINCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET DAKLAND CA 94607-3789 ANSWER TO INTERROGATORY NO 4 KAISER GYPSUM became qualified to do business in California on Novembe 2r 6 1952 ANSWER TO INTERROGATORY NO 5 KAISER GYPSUM objects to this interrogatory as irrelevant and not reasonably calculated to lead to the discovery of admissible evidence KAISER GYPSUM further objects to this interrogatory as vague and ambiguous as to the phrase affiliate corporation Without waiving said objections KAISER GYPSUM states that none of its former subsidiaries or predecessors were engaged in the mining manufacturing sale or distribution of asbestos or any containing products ANSWER TO INTERROGATORY NO 6 . KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing KAISER GYPSUM further objects to this interrogatory as overbroad to the extent that it requests information for periods of time during which this defendant neither manufactured nor distributed containing materials and requests information for periods of time during which this defendant did not engage in any manufacturing or + 10 11 12 13 14 , 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . LAW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 distribution activities KAISLR GYPSUM further objects to this interrogatory as vague and ambiguous Without waiving said objections KAISER GYPSUM states that it did not have a formal corporate structure and policy concerning the subject of employee safety in the design development manufacture testing and use of containing products from 1930 to the present KAISER GYPSUM manufactured containing products between the years 1953 and 1978 During that time it had various policie ansd procedures regarding employee safety in the plants During relevant time periods some of these policies and procedures may have encompassed employee safety with reference to reducing or eliminating employee exposure to asbestos in the plants ANSWER TO INTERROGATORY NO 7 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing KAISER GYPSUM further objects to this interrogatorays overbroad in scope to the extent that it requests information for periods of time during which this defendant did not manufacture or distribute containing products nor engage in any manufacturing or distribution activities Without waiving said objections KAISER GYPSUM states that it did not have a corporate structure concerning the subject of research and development of containing products from 1930 to the present . Throughout the years KAISER GYPSUM maintained a Research and Development Department whose responsibilities involved research and development of new products new formulae quality control and similar responsibilities The Manager of the Research and Development 1 Group was Harlan C. Dupuis retired 30 Tappan Lane Orinda California 94563 the Director of Research and Quality was George B. Kirk retired 720 Palomar Drive Redwood City California 94062 the Product Development Supervisor was Paul W. Tillisch address unknown ANSWER TO INTERROGATORY NO 8 10 11 12 13 14 15 mo 16 17 18 19 20 21 22 23 22 22 26 27 28 HE ~~ OFFICES OF NCAID GIANUNZIO AUDLE & HUBERT A PROFESSIONAL CORPORATION O WEBSTER STREET KLAND CA 94607-3789 415 465.5212 KAISER GYPSUM objects to this interrogatory as irrelevant and not reasonably calculated to lead to the discovery of admissible evidence Without waiving said objection KAISER GYPSUM states that during the limited period of time during which it manufactured and distributed containing products it was known as KAISER GYPSUM COMPANY INC ANSWER TO INTERROGATORY NO 9 KAISER GYPSUM objects to this interrogatory as overbroad and irrelevant Without waiving said objection KAISER GYPSUM states that neither its predecessor subsidiaries or any corporation in which this defendant holds or held a controlling interest has mined manufactured sold distributed imported or supplied any containing product KAISER GYPSUM does not have a successor in interest As to parent corporation see KAISER CEMENT's Answers to this same set of interrogatories ANSWER TO INTERROGATORY NO 10 See KAISER CEMENT's Answers to this set of interrogatories ANSWER TO INTERROGATORY NO 11 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing KAISER GYPSUM further objects to this interrogatory as vague and ambiguous as to the phrases raw amosite asbestos fiber and amosite containing products 1 and materials AICER Without waiving said objections AICER GYPSUM responds that if plaintiff's references to amosite refer to a variety of an amphibole KAISER GYPSUM never engaged in the mining milling supply importing processing distributing marketing sale mixing and compounding manufacture supply and importing of raw amosite asbestos fiber and amosite containing products and materials ANSWETRO INTERROGATORY NO 12 KAISER GYPSUM objects to this interrogatory as overbroad 10 burdensome and harassing KAISER GYPSUM further objects to this 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 f 28 ^' LAW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 interrogatory as overbroad in its scope to the extent that it requests information for periods of time during which this defendant did not manufacture or distribute containing products nor was it engaged in the manufacturing or distribution of any products Without waiving said objections KAISER GYPSUM responds as follows a -i See Exhibit 1 attached hereto j KAISER GYPSUM neither presently operates nor ever operated or had an ownership interest in any asbestos mine k See Exhibit 2 attached hereto 1 KAISER GYPSUM objects to this interrogatory subpart as overbroad burdensome harassing and oppressive Without waiving said objection KAISER GYPSUM states that it has not done a complete review of its sales records and invoices so it is unable to respond to this interrogatory with the specificity requested KAISER GYPSUM hereby offers to make available to plaintiff for inspection and copying any relevant sales records in its possession at or near its corporate headquarters ~ in ( kland California at a mutually agreed upon time at plaintiff's expense m KAISER GYPSUM never mined manufactured sold or distributed asbestos fibers therefore this subpart is not applicable n No. 0 See Exhibit 1 attached hereto p There are voluminous documents and records which set 10 11 12 13 14 15 ~ 17 18 19 20 22 22 22 22 25 26 .27 28 THE AW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 100 WEBSTER STREET AKLAND CA 94607-3789 forth the information requested in this interrogatory These documents include sales brochures product specification sheets test reports and numerous other documents The custodian of records is Clifford W. Rogers 300 Lakeside Drive Oakland California ANSWER TO INTERROGATORY NO 13 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing KAISER GYPSUM further objects to this interrogatory as overbroad in scope to the extent that it requests information for periods of time during which this defendant neither manufactured or distributed containing products nor any products Without waiving said objections KAISER GYPSUM responds that it has never engaged in the mining milling supply importing processing distributing marketing sales mixing and compounding manufacture supply and importing of raw crocidolite asbestos fibers and crocidolite containing products and materials ANSWER TO INTERROGATORY NO 14 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing Without waiving said objection KAISER fp SUM responds that it has never engaged in the mining milling he supply importing processing distributing marketing sale mixing and compounding manufacture supply and importing of raw actinolite asbestos fiber and actinolite asbestos- containing products and materials ANSWER TO INTERROGATORY NO 15 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing Without waiving said objection KAISER GYPSUM responds that it has never engaged in the mining milling 10 11 12 13 14 15 oo 16 17 18 19 20 21 22 23 24 25 22 22 28 THE LAW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 supply importing processing distributing marketing sale mixing and compounding manufacture supply and importing of raw anthophyllite asbestos fiber and anthophyllite containing products and materials ANSWER TO INTERROGATORY NO 16 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing Without waiving said objection KAISER GYPSUM responds that it has never engaged in the mining milling supply importing processing distributing marketing sale mixing and compounding manufacture supply and importing of raw tremolite asbestos fiber and tremolite asbestoscontaining products and materials However it was later discovered that vermiculite one of the components of the NullFire wallboard contained a minute asbestos impurity two onehundredths of one percent tremolite which was totally encapsulated in the vermiculite ANSWER TO INTERROGATORY NO 17 See Exhibit 1 attached hereto /// 2 In 1975 asbestos was eliminated from the product formulae of KAISER joint and finishing compounds KAISER texture paints and KAISER Spray ceiling texture and manufacture of these products was discontinued in 1978 upon sale of the manufacturing facilities and business Manufacture of KAISER acoustical mineral fiberboard was discontinued in 1974 Manufacture of KAISER Null wallboard was discontinued in 1978 upon sale of the manufacturing facilities and business 10 11 12 13 14 15 16 17 18 19 20 22 22 23 24 25 26 27 28 THE LAW OFFICES OF NCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND AKLAND CA 94607-3789 ANSWER TO INTERROGATORY NO 19 the In the 1970's when KAISER a iene potential health hazards of GYPSUM became generally aware of asbestoist began researching and testing to develop formulae for its products which would not necessitate the addition of asbestos After several years of testing KAISER GYPSUM developed a very fine paper fiber material for use as a substitute for asbestos in its ceiling texture product Also after several years of research and testing it was discovered that Wallostonite a fibrous mineral was a satisfactory substitute for asbestos in joint compounds a Eventually KAISER GYPSUM replaced the asbestos in its Spray with a specially processed cellulose fiber To the best of KAISER GYPSUM's knowledge the containing replacement products first went into production in 1975 eect aaa ANSWER TO INTERROGATORY NO 20 See response to Interrogatory No. 19 ANSWER TO INTERROGATORY NO 21 KAISER GYPSUM objects to this interrogatory as overbroad to the extent that it requests information for years during which this this this this defendant neither stured nor sold containing or containing products Without waiving said objection KAISER GYPSUM responds that to the best of its knowledge it did not purchase or otherwise acquire any containing product or product line from any other company ANSWER TO INTERROGATORY NO 22 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 22 22 27 28 THE LAW OFFICES OF KINCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET JAKLAND CA 94607-3789 KAISER GYPSUM objects to this interrogatory as vague and ambiguous in its entirety Without waiving said objection KAISER GYPSUM responds that if this interrogatory is intended to refer to chemical structural or like change or modification KAISER GYPSUM does not contend that such change or modification is necessary before its containing products could have been used ANSWER TO INTERROGATORY NO 23 a 3,300,372 2,662,024 b 3,300,372 was filed August 23 1963. Application date for 2,662,024 was March 1 1951 C. 3,300,372 was patented January 24 1967. The date of issuance if any for patent no 2,662,024 is not known at this time Discovery is continuing d 3,300,372 was issued to Donald R. Bauer St. Helens Oregon Assignor to KAISER GYPSUM COMPANY INC 2,662,024 was applied for by Wallace C. Riddell and George B. Kirk Assignors by Mesne assignments to KAISER GYPSUM CO INC e process 3,300,372 is a resistant building board and 2,662,024 was a cementitious composition gypsum wallboard joint compound -10- 10 11 12 13 14 15 G 16 17 18 19 20 21 22 23 24 25 26 27 f i AQ THE LAW KINCAID 28 OFFICES OF GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET OAKLAND CA 94607-3789 The design of Cover in a circle with balls was originally registered in the United States on July 31 1956 under Trademark Registration No. 631,612 and vermiculite- containing Fire wallboard was originally registered in the United States February 1 1955 under the Trademark Registration No. 601,514 KAISER GYPSUM displayed its polka dot trademark on various products both containing and asbestos- containing materials The polka dot design was registered under No. 615,604 KAISER GYPSUM ceased to use this trademark sometime during the 1960's Therefore KAISER GYPSUM did not renew the trademark when it came due on November 8 1975. was originally registered on February 19 1963. The name Spray The corporate logo as shown on Exhibit 4 attached hereto was discontinued in the late 1960's or early 1970's Discovery is continuing with respect to the registration if any of other trademarks and the dates thereof ANSWER TO INTERROGATORY NO 25 To the best of answering defendant's knowledge none of its containing products were sold or provided to the General Services Administration and any other governmental agency ANSWER TO INTERROGATORY NO 26 No. ANSWER TO INTERROGATORY NO 27 Many of KAISER GYPSUM's sales records predating 1968 no longer exist or cannot be located and those sales records which presently do exist are voluminous and are not segregated into sale of asbestos as opposed to containing products -11- I ANSWER TO INTERROGATORY NO 28 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing Without waiving said objections KAISER GYPSUM states that to the best of its knowledge it has never distributed or sold any raw asbestos fiber or asbestos- containing products between the years 1930 to the present which were mined manufactured produced fabricated imported 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF NCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 00 WEBSTER STREET KLAND CA 94607-3789 taede, tee 544 converted compounded processed sold merchandised supplied and otherwise placed in the stream of commerce by persons and business entities other than itself predecessor in interest or subsidiary ANSWER TO INTERROGATORY NO 29 KAISER GYPSUM objects to this interrogatory as vague and ambiguous as to the phrase distributors Without waiving said objection KAISER GYPSUM states that if this interrogatory is intended to refer to products supplied to other entities for resale KAISER GYPSUM responds that it did not distribute its products pursuant to such a distribution scheme ANSWER TO INTERROGATORY NO 30 Not applicable ANSWER TO INTERROGATORY NO 31 . KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing Without waiving said objection KAISER GYPSUM responds that to the best of its knowledge it has never entered into any agreements for the rebranding of asbestoscontaining products raw asbestos fiber and materials mined imported manufactured sold distributed and supplied by another company for resale or distribution by KAISER GYPSUM -12- ry ANSWER TO INTERROGATORY NO 32 KAISER GYPSUM objects to this interrogatory as vague and ambiguous in its entirety Without waiving said objection KAISER GYPSUM first manufactured and distributed asbestos- containing products in 1953 therefore KAISER GYPSUM first purchased or otherwise obtained asbestos sometime prior to 1953 ANSWER TO INTERROGATORY NO 33 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / HUAW OFFICES OF NCAID GIANUNZIO & AUDLE HUBERT A PROFESSIONAL CORPORATION 0 WEBSTER STREET KLAND CA 94607-3789 415 465.5297 465.5297 This interrogatory is virtually identical to Interrogatory No. 31 Therefore KAISER GYPSUM responds that to the best of its knowledge between the years 1930 to the present it did not purchase any product and material containing asbestos from any other miner manufacturer and producer of such products and materials with the purpose of selling such under KAISER GYPSUM's own name ANSWER TO INTERROGATORY NO 34 No. ANSWER TO INTERROGATORY NO 35 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing KAISER GYPSUM further objects to this interrogatory as vague and ambiguous as to the phrase for resale or redistribution Without waiving said objection KAISER GYPSUM responds that to the best of its knowledge and on the basis of its understanding of resale or redistribution it never sold distributed or otherwise furnished any asbestoscontaining products to any other person and business entity for resale or redistribution KAISER GYPSUM never mined sold distributed or otherwise furnished any raw asbestos fiber at any time -13- ANSWER ANSWER ANSWER TO TO INTERROGINTEROGATORYATORY INTERROGATORY INTERROGATORY INTERROGATORY INTERROGATORY INTERROGATORY NO NO 36 36 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 | 26 27 28 THE LAW OFFICES OF KINCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET DAKLAND CA 94607-3789 KAISEK GYPSUM offers to make any relevant organizational charts available for inspection and copying at or near its corporate headquarters located in Oakland California at a mutually agreed upon time at plaintiff's expense ANSWER TO INTERROGATORY NO 37 a 300 Lakeside Drive Oakland California and 383 Fourth Street Oakland California b Clifford W. Rogers Administrative Services 300 Lakeside Drive Oakland California C. See response to Interrogatory No. 36 ANSWER TO INTERROGATORY NO 38 KAISER GYPSUM objects to this interrogatory as irrelevant and not reasonably calculated to lead to the discovery of admissible evidence ANSWER TO INTERROGATORY NO 39 There was a packaging change in 1965. Prior to the packaging change the dual purpose joint compound came in colored bucket with a yellow white and gray label affixed thereto which stated Kaiser Dual Purpose Joint Compound and included instructions for use and application The dry powder joint and finishing compounds came in white sacks with the then- Kaiser logo of red box framing a black circle with the name Kaiser and the product name superimposed over the black dot The bags also furnished the company's name weight of the sack and miscellaneous other information other mix compounds came packaged in various weight cartons also displaying the KAISER GYPSUM dot logo the KAISER GYPSUM company name contents -14- and various other Information The packaging underwent a change in 1965. The previous dot design was eliminated in favor of bold print KAISER GYPSUM and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF NCAID GIANUNZIO AUDLE & HUBERT A PROFESSIONAL CORPORATION O WEBSTER STREET KLAND CA 94607-3780 product name on bags boxes and buckets The KAISER GYPSUM texture paint was packaged in ten pound white paper sacks with black and blue printing The mix dual purpose joint compound was packaged in a white bucket with black and red printing Other joint compounds were packaged in white cartons with red and black printing including KAISER GYPSUM's name product name and instructions on how to mix the product ANSWER TO INTERROGATORY NO 40 a KAISER GYPSUM does not now have actual packages or containers of the containing products it manufactured and distributed However some annual reports contain a few pictureosf some of the products b Clifford W. Rogers Administrative Services 300 Lakeside Drive Oakland California C. KAISER GYPSUM does not have actual photographs of the packages orcontainers in which it distributed asbestos- containing materials Therefore photographs are not available ANSWER TO INTERROGATORY NO 41 In the 1961 and 1964 KAISER GYPSUM Annual Report there are drawings of some of KAISER GYPSUM's containing products KAISER GYPSUM is willing to make available to plaintiff for inspection and copying these pictures at a mutually agreed upon time at or near its corporate headquarters in Oakland California at plaintiff's expense /// -15- 2 KAISER GYPSUM never mined manufactured sold distributed or otherwise put into the stream of commerce bags of raw asbestos fiber therefore this interrogatory is inapplicable to this defendant ANSWER TO INTERROGATORY NO 43 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing KAISER GYPSUM further objects to this interrogatory as overbroad in scope to the extent that it 10 requests information for periods of time during which this 11 defendant did not manufacture or distribute containing 12 or containing products Without waiving said 13 objection KAISER GYPSUM responds as follows 14 a Over the years various individuals were involved in 15 preparing sales materials such as Name 16 Address 17 Stanley McCaffrey Unknown 18 Vance Fawcett deceased 19 Turner Barton deceased 20 Stub Stollery Unknown 21 22 23 24 25 26 27 28 PAW PAW OFFICES OF NCAID GIANUNZIO AUDLE & HUBERT A PROFESSIONAL CORPORATION X WEBSTER STREET KLAND CA 94607-3789 /// Robert G. Conner Marvin McArthur Raymond Fournival | John Hickman Robert Balster David Bronson Allen & Dorward 747 Front St. Inc. San Francisco CA Unknown Unknown Unknown Unknown Unknown -16- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 22 28 THE LAW OFFICES OF KINCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET JAKLAND CA 94607-3789 : Oakland CA Ronald E. Rhody Kaiser Aluminum & Chemical Corp. Kaiser Building Oakland CA Leon M. Bryan 203 San Corbett Ave. Francisco CA 94114 b Clifford W. Rogers Administrative Services 300 Lakeside Drive Oakland California C. The various sales materials were prepared at various times from the 1950's until the 1970's d KAISER GYPSUM's records are incomplete therefore it is unable to respond to this subpart with the specificity requested e The sales materials include sales brochures technical bulletins and other related sales documents f These sales documents were disseminated to purchasers KAISER GYPSUM sales offices trade journals trade publications and KAISER GYPSUM believes that it may have utilized the television media to further advertise its products Discovery is continuing ANSWER TO INTERROGATORY NO 44 _ KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing Without waiving said objection KAISER GYPSUM responds as follows a The warning labels stated CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST -17- DREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM These labels had yellow backgrounds with red lettering and were affixed to the package of the products with adhesive in prominent place Later as new packaging was purchased the labels were printed onto the outside of the packages and are believed to have been of the same color and colors as the packaging and printing thereon b The warning was first affixed to the asbestos- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 2 2 28 THE LAW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 00 WEBSTER STREET AKLAND CA 94607-3789 415 465-5212 containing products in 1972 c KAISER GYPSUM generally became aware of the potential health hazards of asbestos via media industry and governmental agency publications = d No changes in the warnings were made from the time they were first implemented until the products no longer contained asbestos e KAISER GYPSUM relied upon many individuals opinions in determining to put such warnings on the containers of its containing products such as George B. Kirk retired Harlan C. Dupuis retired J.E. Toomey Ernie Reddick R.A. Madsen and various individuals in KAISER GYPSUM's Legal Department ANSWER TO INTERROGATORY NO 45 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing KAISER GYPSUM further objects to this interrogatory as vague and ambiguous as to the phrase other written materials of any kind or character that contain any warnings concerning the possibility of injury from exposure to -18- ele Oo Vol 26 tir: from tc.e LASTE of tne rw ee cert containing products . . " Without waiving said objections KAISER GYPSUM states that aside from the warning affixed to the containing products containers described in answer to Interrogatory No. 44 KAISER GYPSUM also printed and distributed technical bulletins which prescribed the use of respirators during spray application ANSWER TO INTERROGATORY NO 46 See response to Interrogatories No. 44 and 45 10 ANSWER TO INTERROGATORY NO 47 11 See response to Interrogatory No. 44 subpart e 12 ANSWER TO INTERROGATORY NO 48 13 KAISER GYPSUM objects to this interrogatory as overbroad 14 burdensome and harassing Without waiving said objection KAISER 15 GYPSUM responds that some of the containers of the asbestos- 16 containing products contained instructions regarding mixing 17 storing handling use etc. Additionally technical bulletins 18 were distributed which described the products uses application 19 instructions and suggestions such as recommending use of 20 respirators and eye protection during spray application ANSWER TO INTERROGATORY NO 49 21 22 To the best of answering defendant's knowledge it did not 23 recall or attempt to recall those products and materials which 24 had been sold in containers without warning labels ANSWER TO INTERROGATORY NO 50 25 26 27 28 _ AW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION * WEBSTER STREET KLAND CA 94607-3789 415 415 465 63 Generally in the early became aware that there were asbestos dust fibers and GYPSUM 1970's KAISER GYPSUM personnel alleged hazards from exposure to products to the health of persons -19- 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF KINCAID GIANUNZIO GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET DAKLAND CA 94607-3789 94607-3789 ane gm products via media industry and governmental agency publications ANSWER TO INTERROGATORY NO 51 KAISER GYPSUM is unable to state when and by what means it first became aware that Manville Corp. or any of its affiliated companies placed on its asbestos products a caution warning notice or other statement or representation concerning the potential health hazards resulting from the use of asbestos products and exposure to asbestos dust or fibers ANSWER TO INTERROGATORY NO 52 KAISER GYPSUM objects to this interrogatory as vague and ambiguous in its entirety Without waiving said objection KAISER GYPSUM states that the plants had dust collection systems individuals engaged in certain activities e.g. dumping raw materials into hoppers were required to wear respirators and other safety precautions were undertaken to protect the employees ANSWER TO INTERROGATORY NO 53 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing Without waiving said objection KAISER GYPSUM responds that its records are incomplete therefore it is unable to respond to this interrogatory with the specificity requested Without waiving said objection KAISER GYPSUM responds that the plant managers would have been responsible for providing safety information to the employees ANSWER TO INTERROGATORY NO 54 See response to Interrogatory No. 52. Additionally 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 spills vacuuming plant cleanliness protective clothing etc. ANSWER TO INTERROGATORY NO 55 KAISER GYPSUM objects to this interrogatory as overbroad to the extent that it requests information for periods of time during which this defendant did not manufacture either asbestoscontaining or containing products Without waiving said objection KAISER GYPSUM states that beginning in early 1971 KAISER GYPSUM employed the services of an industrial hygienist Mr. A.J. Trommershausen a Mr. Trommershausen did not report to any one individual he made his recommendations via interoffice memorandum addressed to various KAISER GYPSUM personnel b unknown His current business and residential addresses are ANSWER TO INTERROGATORY NO 56 No present or former executives officers or other supervisory officials of KAISER GYPSUM have had their deposition taken by plaintiffs in cases involving workers or their heirs who are suing or have sued KAISER GYPSUM for illnesses or personal injuries allegedly caused in whole or in part by exposure to asbestos dust allegedly created by KAISER GYPSUM's asbestoscontaining products and materials ANSWER TO INTERROGATORY NO 57 No. ANSWER TO INTERROGATORY NO 58 Over the years KAISER GYPSUM belonged to numerous trade organizations and associations such as The Gypsum -21- a re v rr a se ee ate 2 Association The AIMA was originally a merger of the Insulation Board Institute and the Acoustical Materials Association The 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 27 28 THE LAW OFFICES OF KINCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET JAKLAND CA 94607-3789 AIMA's name was later changed to the Acoustical & Board Products Association KAISER GYPSUM was a membeor f all of these associations KAISER GYPSUM was also a member of American Society for Testing and Materials Gypsum Drywall Contractors International International Association of Wall and Ceiling Contractors Ceilings & Interior Systems Contractors Association Associated Building Industry of Northern California Industrial Forestry Association National Retail Lumber Dealers Association International Conference of Building Officials and the Gypsum Industry Committee on Recommended Trade Practice Rules ANSWER TO INTERROGATORY NO 59 To the best of KAISER GYPSUM's knowledge it has never belonged to any of the following organizations Asbestos Textile Institute ATI Industrial Hygiene Foundation and Industrial Health Foundation IHF Mineral Wool Institute Industrial Mineral Insulation Manufacturers Institute Magnesia Silica Insulation Manufacturers Association National Insulation Manufacturers Association NIMA Thermal Insulation Manufacturers Association TIMA Asbestos Information Association AWA Quebec Asbestos Mining Association QAMA National Safety Council Asbestos Cement Producers Association Ore Refactories Institute ANSWER TO INTERROGATORY NO 60 Not applicable /// -22- Not applicable ANSWER TO INTERROGATORY NO 62 Not applicable ANSWER TO INTERROGATORY NO 63 Not applicable ANSWER TO INTERROGATORY NO 64 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 22 22 27 28 HE LAW OFFICES OF CAID GIANUNZIO AUDLE & HUBERT A PROFESSIONAL CORPORATION DO WEBSTER STREET KLAND CA 94607-3789 tat) 465.60343 465.60343 To the best of KAISER GYPSUM's knowledge it never directed sponsored financed participated in or received the results of any studies and tests performed by the Saranac Laboratory of the Trudeau Foundation concerning the human health consequences of exposure to asbestos ANSWER TO INTERROGATORY NO 65 Not applicable ANSWER TO INTERROGATORY NO 66 None ANSWER TO INTERROGATORY NO 67 KAISER GYPSUM does not and has never maintained a library which contains books articles periodicals journals and reference materials that relate to the subjects of asbestos industrial hygiene medicine safety occupational disease and engineering ANSWER TO INTERROGATORY NO 68 To the best of KAISER GYPSUM's knowledge none of the codefendants in the asbestos litigation have ever furnished it with any information as to the state of the medical knowledge at any time regarding the relationship between exposure to asbestos dust fibers and products and the contracting of diseases -23- 10 11 12 13 14 / 15 16 17 18 19 20 21 22 22 24 25 26 27 28 THE LAW OFFICES OF KINCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET OAKLAND CA 94607-3789 and other cancers pneumoconiosipnesumoconiosis mesothelioms ung cano ANSWER TO INTERROGATORY NO 69 Not applicable ANSWER TO INTERROGATORY NO 70 KAISER GYPSUM objects to this interrogatory as overbroad to the extent that it requests information for periods of time during which this defendant did not manufacture asbestoscontaining products or containing products KAISER GYPSUM further objects to this interrogatory as vague and ambiguous as to the phrase exchanged or communicated the results of research business entity with any other person corporation or other including defendants in this action If this interrogatory requests information as to the exchange or communication of results of research tests studies of experiments conducted by KAISER GYPSUM regarding the relationship if any between exposure to asbestos and disease KAISER GYPSUM states that it has not conducted any such research tests studies or experiments therefore it has not exchanged or communicated any such results to any other person corporation or other business entity including defendants in this action ANSWER TO INTERROGATORY NO 71 Not applicable ANSWER TO INTERROGATORY NO 72 To the best of KAISER GYPSUM's knowledge no one has testified on its behalf before the Occupational Safety and Health Administration the National Institute of Occupational Safety and Health any United States Congressional committee subcommittee -24- \ administrative hearing or investigative proceeding on the of the human health consequences of exposure to asbestos subjects dust fibers and products in the setting modification feasibility and acceptance of allegedly safe or proper levels of exposure to said asbestos and asbestos products ANSWER TO INTERROGATORY NO 73 Not applicable ANSWER TO INTERROGATORY NO 74 Not applicable 10 11 12 13 14 15 16 17 18 19 20 | 21 22 22 22 22 22 27 C 28 THE LAW OFFICES OF KINCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 ANSWER TO INTERROGATORY NO 75 a On January 14 and 15 1971 April 12 and July 18 1972 June 29 and July 23 1976 b Mr. A.J. Trommershausen C. The hygiene survey results made at of the KAISER January 14 and 15 1971 industrial GYPSUM's Jacksonville gypsum plant resulted in recommendations of increased ventilation systems plant modifications and operational changes for term solutions The April 12 and July 18 1972 air samples taken at the Antioch gypsum plant resulted in the following recommendations Maintenance of the respirator program frequent clean of asbestos spills with vacuum cleaners proper and careful disposal of waste in empty bags encouragement of work practices which minimized generation of airborne asbestos dust and excessive asbestos dust on clothing recording of exposures in personnel files posting of warning signs affixing of warning labels to packages of dry mix containing products and waiting for guidelines and assistance for medical examinations The June 29 and July 23 1976 tests performed at the Antioch -25- plant with sp ac reference to lite cumping propused following recommendations Determine if alternate sources of vermiculite were available substitute materials which do not contain an asbestos impurity design and install local exhaust ventilation including a bag collector upgrade the respiratory protection program suggestion of use of a Welsh 1400 disposable respirator provide disposable coveralls and place the workers whose duty it was to dump the vermiculite into the hopper on an asbestos medical surveillance program These recommendations 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 were made despite the fact that the test results indicated the waited average for an hour day is not exceeded since the operation is performed only about 10-15 minutes per shift or less e Clifford W. Rogers 300 Lakeside Drive Oakland California ANSWER TO INTERROGATORY NO 76 a KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing The interrogatory purports to request information regarding any testing of the asbestoscontaining products which KAISER GYPSUM manufactured Without waiving said objections KAISER GYPSUM states that over the years it conducted numerous tests of all of its products both containing and containing to maintain the highest quality possible and to develop new formulae as needed If this is the type of testing to which this interrogatory refers KAISER GYPSUM responds that there are documents which still exist relating to such testing Such documents include product specifications technical bulletins test results and -26- -26- b Clifford W. Rogers 300 Lakeside Drive Oakland California ANSWER TO INTERROGATORY NO 77 KAISER GYPSUM objects to this interrogatory as vague and ambiguous as to the phrase to determine potential health hazards involved in the use of the materials contained herein If this 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 interrogatory purports to inquire as to tests on laboratory animals cadavers or the like to determine potential health hazards in the use of the materials contained in asbestos- containing products KAISER GYPSUM states that it never conducted or directed any such tests ANSWER TO INTERROGATORY NO 78 Prior to 1970 KAISER GYPSUM never had any labor inspectors or company personnel go to jobsites or other areas where KAISER GYPSUM containing products were being used or installed to make a dust level count because KAISER GYPSUM was unaware oo until approximately 1971 that there were until health problems associated with exposure any alleged potential porentia ged to asbestos or ae containing products ANSWER TO INTERROGATORY NO 79 See response to Interrogatory No. 75 ANSWER TO INTERROGATORY NO 80 See response to Interrogatory No. 75 ANSWER TO INTERROGATORY NO 81 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing KAISER GYPSUM further objects to this interrogatory as overbroad in scope to the extent that it -27- 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THL - .W OFFICES OF NCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 neither manufactured containing products nor noncontaining products Without waiving said objections KAISER GYPSUM responds that to the best of its knowledge it never offered or sponsored a medical examination program for employees handling or otherwise exposed to raw asbestos fibers and containing products ANSWER TO INTERROGATORY NO 82 KAISER GYPSUM objects to this interrogatory as vague and ambiguous Without waiving said objection KAISER GYPSUM would first point out that insulators would not use KAISER GYPSUM containing products If this interrogatory is intended to request information regarding tests or studies conducted at jobsites wherein KAISER GYPSUM containing products were utilized other than KAISER GYPSUM's own plants KAISER GYPSUM states that it has not conducted or directed tests or studies with regard to the quantity quality or threshold limit values of asbestos dust fibers or particles to which users of KAISER GYPSUM containing products or others working in the same vicinity would be exposed ANSWER TO INTERROGATORY NO 83 KAISER GYPSUM's containing products would not be used by insulation workers therefore KAISER GYPSUM has never conducted or directed research tests or studies to determine whether the exposure of insulation workers or others to asbestos dust exceeded the American Conference of Governmental Industrial Hygienists recommended threshold limit values /// -28- ANGWEI UG CH vehY CHY NO 84 To the best of KAISER GYPSUM's knowledge it is unfamiliar with the American Conference of Governmental Industrial Hygienists recommended threshold limit values for exposure to asbestos dust therefore KAISER GYPSUM responds that it has never undertaken steps to determine whether the ACGIH's recommended threshold limit values for exposure to asbestos dust were accurate or reliable 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 ANSWER TO INTERROGATORY NO 85 KAISER GYPSUM objects to this interrogatory as vague and ambiguous as well as irrelevant and not reasonably calculated to lead to the discovery of admissible evidence | ANSWER TO INTERROGATORY NO 86 The reverse side of KAISER GYPSUM sales invoices contained numerous paragraphs regarding terms and conditions of sale including warranty Presumably KAISER GYPSUM's asbestoscontaining products were also invoiced on these same sales invoices However KAISER GYPSUM's records are incomplete and it does not have samples or photographs of the containers of its containing products therefore it is unable to state whether any warranties guarantees or other such representations were affixed to the containers or packages of its asbestos- containing products ANSWER TO INTERROGATORY NO 87 This interrogatory is not applicable on the basis that it is limited to warranties guarantees or other such representations affixed to products and containers or packages but in the spirit of cooperation KAISER GYPSUM states that the warranty -29- contained on the reverse side of its sales invoices read as WARRANTY: A. Seller expressly warrants title and that the products sold by it hereunder are free from defects in materials at the time of shipment EXCEPT FOR SUCH EXPRESS WARRANTIES SELLER MAKES NO WARRANTY OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED AND ALL WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND OTHER WARRANTIES OF WHATEVER KIND ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED 10 ANSWER TO INTERROGATORY NO 88 This interrogatory is also not applicable however in the 11 12 spiriotf cooperation KAISER GYPSUM states that to the best of its knowledge the warranty guarantee or other representation 13 contained on the back of the sales invoices did not change in 14 substance 15 ANSWER TO INTERROGATORY NO 89 16 KAISER GYPSUM objects to this interrogatory as vague and 17 ambiguous in its entirety Without waiving said objection 18 KAISER GYPSUM responds that pursuant to allegations made in 19 media industry and governmental entity publications KAISER 20 GYPSUM is aware that there is allegedly a potential causal 21 connection between exposure to asbestos dust and asbestosis 22 pneumoconiosis lung cancer mesothelioma and certain other 23 cancers 24 25 ANSWER TO INTERROGATORY NO 90 KAISER GYPSUM objects to this interrogatory as overbroad 26 burdensome and harassing Without waiving said objection KAISER 27 GYPSUM responds as follows 28 CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 ANSWER TO INTERROGATORY NO 92 KAISER GYPSUM's records are incomplete and memories fade therefore KAISER GYPSUM is unable to identify the officer agent servant employee or other representative who first became aware that containing products of Manville Corp. or its affiliated companies were being labelled ANSWER TO INTERROGATORY NO 93 To the best of KAISER GYPSUM's knowledge it does not have any documents related to the knowledge regarding the labelling of asbestos products by Manville Corp. or its affiliated 10 11 12 13 14 15 - 16 17 18 19 20 21 22 23 24 25 22 22 28 THE LAW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLANO AKLANO CA 94607-3789 companies ANSWER TO INTERROGATORY NO 94 Not applicable ANSWER TO INTERROGATORY NO 95 KAISER GYPSUM objects to this interrogatorays overbroad burdensome and harassing Without waiving said objection KAISER GYPSUM responds as follows a The employees who were responsible for dumping raw materials into hoppers were required to wear respirators and protective clothing b KAISER GYPSUM's records are incomplete therefore it is unable to provide a specific date upon which such protective devices were issued However KAISER GYPSUM responds that on the basis of industrial hygienist recommendations KAISER GYPSUM provided respirators and protective clothing at least as early as 1971 if not before c Respirators and disposable coveralls were provided d Many individuals were involved in discussions and 1 decisions regarding protective clothing and de es e Clifford W. Rogers 300 Lakeside Drive Oakland California Additionally documents are stored at 383 Fourth Street Oakland California ANSWER TO INTERROGATORY NO 96 KAISER GYPSUM objects to this interrogatory as vague and ambiguous KAISER GYPSUM further objects to this interrogatory as overbroad in scope to the extent that it requests information for years during which this defendant did not manufacture or 10 distribute containing products or asbestos- containing products Without waiving said objections KAISER 11 12 GYPSUM responds that it was not aware until the early 1970's of possible health ramifications of working with and around 13 14 asbestos fibers dust and products Furthermore test hygienist results conducted by an industrial 15 3 at KAISER GYPSUM'S G mm a pe e er r 16 plants were within the present threshold limit value of five ' " ~ mililiter fibers fibers per 17 mililiter waited waited average 18 per July 1972 oe ees : OR ee the tests of air samples and the 23 1976 18 : nett ae results of July sa atm tare terme eerie cme ee ane air waited day sample tests indicatedthe 19 ee 1 _ average for an hour since the nca exceeded exceeded ea xceeded ps SREP was not exceeded 20 dumping of raw materials into hoppers we rete es performed was 21 about 10 to 15 minutes per shift or less Therefore based on these results KAISER GYPSUM was under the 22 belief that its employees were not exposed to unacceptable or 23 potentially hazardous levels of asbestos fibers dust or 24 | 25 particles 26 27 28 HE DAW OFFICES OF NCAID GIANUNZIO AUDLE & HUBERT A PROFESSIONAL CORPORATION * WEBSTER STREET KLAND CA 94607-3789 ANSWER TO INTERROGATORY NO 97 KAISER GYPSUM objects to this interrogatory as vague and ambiguous as to the phrase liberating asbestos fibers Furthermore RAISER GYPSUM's containing products would 1 not be used or applied by an insulator Without waiving said objections KAISER GYPSUM states that its containing products can be applied by others without liberating asbestos fibers 10 11 12 13 14 15 16 17 18 19 220 21 22 23 24 25 26 27 28 HE LAW OFFICES OF NCAID GIANUNZIO AUDLE & HUBERT A PROFESSIONAL CORPORATION X WEBSTER STREET KLAND CA 94607-3789 ANSWER TO INTERROGATORY NO 98 KAISER GYPSUM objects to this interrogatory as vague and ambiguous Without waiving said objection KAISER GYPSUM states that on the basis of its understanding of this interrogatory it never maintained or operated a unit which was under contract to apply or install KAISER GYPSUM containing products ANSWER TO INTERROGATORY NO 99 Not applicable ANSWER TO INTERROGATORY NO 100 GYPSUM KAISER did not manufacture or distribute asbestos- containing insulation products therefore this interrogatory is inapplicable ANSWER TO INTERROGATORY NO 101 During the 1970's KAISER GYPSUM issued technical bulletins which prescribed the use of respirators during spray application of certain products ANSWER TO INTERROGATORY NO 102 The first personal injury cause of action wherein KAISER GYPSUM was a named defendant was served upon KAISER GYPSUM in 1979 ANSWER TO INTERROGATORY NO 103 KAISER GYPSUM objects to this interrogatory as overbroad burdensome harassing and oppressive This interrogatory not 1 only requests information regarding the first noticed claim of injury but information regarding all claims filed for injury resulting from use of and exposure to asbestos products e.g. the filing of a worker's compensation claim Over the years KAISER GYPSUM has been named in numerous lawsuits claiming injury resulting from use of and exposure to asbestos products This information is a matter of public record and equally available to plaintiff Furthermore many of those plaintiffs were represented by the Kazan office which is fully familiar with the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF NCAID GIANUNZIO SAUDLE & HUBERT A PROFESSIONAL CORPORATION 00 WEBSTER STREET KLAND CA 94607-3789 course of asbestos litigation in the Bay Area as well as other jurisdictions and is equally familiar with the cases to which this defendant has been a named party ANSWER TO INTERROGATORY NO 104 KAISER GYPSUM has been insured for worker's compensation since 1964. Therefore there could be no claims against any worker's compensation insurance carrier which provided coverage for your company ANSWER TO INTERROGATORY NO 105 Not applicable ANSWER TO INTERROGATORY NO 106 Not applicable ANSWER TO INTERROGATORY NO 107 Not applicable ANSWER TO INTERROGATORY NO 108 See Exhibit 3 attached hereto ANSWER TO INTERROGATORY NO 109 In the course of establishing corporate procedures KAISER GYPSUM established a general records retention policy which does -35- not specifically refer to records concerning the manufacture sale advertising distribution delivery and installation of containing products The responsibility for retention and destruction of records varied over the years but primary responsibility vested with the custodian of records who acted in accordance with established records control policies and procedures All decisions to destroy records were made in order to comply with guidelines established by corporate policies and procedures Destruction forms were generally initiated by records control personnel on a yearly basis The selection of 10 items for destruction was generally based upon records 11 schedules approved by records control department 12 disposition heads and the tax legal and internal audit staffs and division 13 heads Any records destruction application generally required 14 the same approval except that the Controller rather than the 15 ia division heads gave final approval Any individual in the 16 approval chain could stop or delay destruction When the 17 asbestos litigation began in earnest KAISER GYPSUM 18 attempted to segregate all of the asbestos documents 19 to and still in existence 20 house and maintain them so as to preclude destruction or loss 21 ANSWER TO INTERROGATORY NO 110 22 See response to Interrogatory No. 109 The existing records 23 are currently maintained at 300 Lakeside Drive Oakland 24 California and 383 Fourth Street Oakland California 25 ANSWER TO INTERROGATORY NO 111 26 Not applicable 27 a 28 LAW THE LAW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 /// -36- KAISER GYPSUM objects to this interrogatory as overbroad to the extent that it requests information for periods of time. during which KAISER GYPSUM did not manufacture asbestoscontaining products KAISER GYPSUM further objects to this interrogatory as vague and ambiguous as to the phrase representations and products superior Without waiving said objections KAISER GYPSUM states that to the best of its knowledge it never made any express representations that the 10 presence of asbestos in the products made the products superior in any way to any asbestos product or material intended for 11 12 the or similar use same However KAISER GYPSUM may have made 13 14| 15 16 general representations that the quality of these products was superior to other products or materials intended for the same or similar use without express reference to the asbestos content thereof ANSWER TO INTERROGATORY NO 113 17 Not applicable 18 19 20 21 22 23 24 25 26 27 28 HE LAW OFFICES OF ICAID GIANUNZIO AUDLE & HUBERT A PROFESSIONAL CORPORATION O WEBSTER STREET LAND CA 94607-3789 ANSWER TO INTERROGATORY NO 114 To the best of answering defendant's knowledge it is unaware of ever having made any representations that the use of asbestos or the use of raw asbestos fiber and asbestoscontaining products was safe harmless or not dangerous ANSWER TO INTERROGATORY NO 115 Not applicable ANSWER TO INTERROGATORY NO 116 KAISER GYPSUM objects to this interrogatory as vague and ambiguous as to the phrase ever stored or warehoused Without -37- waiving waiving waiving Suid Suid Suid a objection objection objection objection objection KAISER KKAISER AISKAISER ER GYPSUM GYPSUM GYPSUM states states states that that that after after after after manufacture of the products they would be stored or warehoused at KAISER GYPSUM plants awaiting purchase and delivery ANSWER TO INTERROGATORY NO 117 KAISER GYPSUM did not have designated warehouses or storage facilities The products were stored at the plant where they were manufactured awaiting sale and distribution ANSWER TO INTERROGATORY NO 118 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HE LAW OFFICES OF ICAID GIANUNZIO AUDLE & HUBERT A PROFESSIONAL CORPORATION X WEBSTER STREET SLAND CA 94607-3789 KAISER GYPSUM objects to this interrogatory as overbroad burdensome and harassing Without waiving said objection KAISER GYPSUM states that upon sale of its containing products it cannot state what the purchasers thereof did with the products i.e. whether they were used locally or transported by rail truck vessel or other means of transportation ANSWER TO INTERROGATORY NO 119 No person has testified on KAISER GYPSUM's behalf at trial or by deposition in any case alleging asbestos bodily injury ANSWER TO INTERROGATORY NO 120 KAISER GYPSUM objects to this interrogatory as calling for expert opinion KAISER GYPSUM is not an expert in such matters ANSWER TO INTERROGATORY NO 121 KAISER GYPSUM in fact warned users of its asbestos- containing products regarding the potential hazards and risks of use of and exposure to containing products Therefore this interrogatory is inapplicable to this defendant ANSWER TO INTERROGATORY NO 122 KAISER GYPSUM contends that it did not conspire with others -38- fo to all as estos products to be used without adequate warnings or without any warnings regarding the hazards or risks of use of and exposure thereto KAISER GYPSUM in fact labelled its containing products with a warning which was in compliance with federal regulations relating to occupational safety and health standards Additionally KAISER GYPSUM disseminated technical bulletins which prescribed the use of respirators during spray application of certain products Therefore in view of the fact that KAISER GYPSUM provided warnings the logical conclusion is that it did not conspire with 10 others to avoid such warnings 11 12 ANSWER TO INTERROGATORY NO 123 Various media industry and governmental publications have 13 indicated that there is a distinction between various types of 14 employment and exposure to asbestos products relative to those 15 particular types of employment On the basis of such 16 information KAISER GYPSUM contends that there is such a 17 distinction However this information is based on information 18 and belief derived from these various publications and not on 19 KAISER GYPSUM's personal knowledge 20 ANSWER TO INTERROGATORY NO 124 21 See response to Interrogatory No. 123 the answer thereto is 22 equally applicable to contentions regarding differences between 23 asbestos fiber types 24 ANSWER TO INTERROGATORY NO 125 25 KAISER GYPSUM is not an insulation contractor therefore 26 this interrogatory is inapplicable to KAISER GYPSUM 27 28 THE LAW OFFICES OF INCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND CA 94607-3789 EXHIBIT 2 KAISER GYPSUM CO INC SUPPLIERS OF RAW ASBESTOS Western Chemical Co. 3270 E. Washington Blvd. Los Angeles California Philip Carey Corp. P.O. Box 15070 Carey Cincinnati Ohio 45215 Canadian Asbestos Philip Carey Corp. o George T. Rowley 937 N. Front St. Co. Philadelphia Pennsylvania Manville Sales Corp. 215 Market Street San Francisco California Manville Sales The Mall Building Chestnut at Fourth Corp. Philadelphia Pennsylvania Manville Sales Corp. 3275 E. Slauson Avenue Los Angeles California 19106 Union Carbide Co. Chemicals and Plastics 22 Battery Street San Francisco California 94106 Union Carbide Co. 4979 E. 52nd St. Los Angeles California Union Carbide Corp. Mining and Minerals Calidria Asbestos Division P.O. Box K King City California 93930 Union Carbide Corp. 17 Executive Park Drive Atlanta Georgia N.E. Pacific Asbestos Corp. Copperopolis California 95228 E.S. Browning 2321 Yates Ave. Los Angeles California E.S. Browning 493 Deharo St. San Francisco California Loomis Chemical Co. P.O. Box 17342 Portland Oregon 97217 Benson Chemical 2728 N.W. Nela Portland Oregon 97210 S.H. Ross Co. 1645 McDuff Ave. Jacksonville Florida any, LIABILITY INSURAHE SCHIDIE Perial Name & Address of Insurer Policy Number December 31 1950 - December 31 1953 Fireman's Fund P.O. Box 3395 San Francisco CA 94119 XAC135009 XAC135009 December 31 1953 - December 31 1954 Fireman's Fund P.O. Box 3395 San Francisco CA 94119 XAC157897 December 31 1954 - December 31 1955 Fireman's Fund P.O. Box 3395 San Francisco CA 94119 XAC168046 XAC168046 December 31 1955 - December 31 1956 Fireman's Fund P.O. Box 3395 San Francisco CA 94119 PC0240524 5 December 31 1956- - December 31 1957 Fireman's Fund P.O. Box 3395 San Francisco CA 94119 PC8241682 December 31 1957 - December 31 1958 Fireman's Fund P.O. Box 3395 San Francisco CA 94119 PC8242844 December 31 1958 - December 31 1959 December 31 1959 - December 31 1964 Fireman's Fund P.O. Box 3395 San Francisco CA 6 94119 Fireman's Fund P.O. Box 3395 San Francisco CA 94119 PC1225015 PC123780 PC1237800 September 15 1959 - September 15 1960 Lloyd's & English Companies / C.V. Starr & Co. Three Embarcadero Center San Francisco CA 94111 LL65520 1165521 Septerler 15 1960 - September 15 1961 Woyd's & English English Companies through Landis Pelletier & Parrish / Bowes & Co. 333 Market Street San Francisco an 94105 Septenler Septenler 15 1901 - September 15 1963 Lloyd's & English Companies through Landis Pelletier & Parrish o Bowes & Co. 333 Market Street San Francisco CA 94105 1167476 LL67477 1169260 L169261 Policy Limits $ 200,000 each person BI 1,000,000 1,000,000 each occurrence BI ray: : q Reed Stenhouse has no record of Property Nae Dumage Liability for the period December 31 1950 to December 31 1959 I 200,000 200,000 each person Bodily Injury 300,000 300,000 each occurrence Bodily Injury 300,000 annual aggregate bites $ 50,000 Third Party Property Damage 100,000 100,000 excess of 50,000 Damage $ 50,000 Third Party Property 100,000 excess of 50,000 $ 50,000 Third Party Property Dimage 100,000 excess of 50,000  Perial al September 15 1963 - October 1964 - 9 October 1964 - January 29 1971 December 31 1964 - January 1 1968 10. April 22 1965 - January 1 1968 11. January 1 1968 - January 30 1971 12 January 30 1971 April 1 1980 13 January 30 1971 - January 1 1974 Name & Address of Insurer \ Policy Ihamber Reed Stenhouse has no record of coverage Truck Insurance Exchange 4680 Wilshire Blvd. Los Angeles CA 90051 35040005 . . Lloyd's & English Companies o J.H. Mint & Co. 100 Leman Street London E 18 HG LUS 1031 IUS 1032 < Lloyd's & English Companies LUS 1033 c J.H. Minet & Co. 100 Leman Street London E 18 HG 4 Lloyd's Underwriters J.II. & Minet & Company 100 Leman Street London E. 18 HCr England LUS 1066A IUS 1067A LUS 10GGA Truck Insurance Exchange 4600 Wilshire Blvd. Los Angeles CA 90051 350-40-00 21 Insurance Co. of State of Pennsylvania 411-4919 411-4969 o C. V. Starr Three Embarcadero Center Unknown San Francisco CA 94111 411-4970 January , 1974 - January 1 1977 January 1 1977 - October 1 1977 Octoler 1 1977 - October 1 1978 October 1 1977 - October 1 1978 October 1 1977 ~ October 1 1978 Insurance Co. of State of Pensylvania o C.V. Starr & Company Three Embarcadero Center San Francisco CA 94111 Insurance Co. of State of Pennsylvania C.V. Starr & Company . Three Embarcadero Center San Francisco CA 94111 First State Insurance Co. 60 Battery March Street Doston Mass 02110 Northbrook Insurance Co. Allstate Plaza Ibrthbrook 11 , 60062 Texington Insurance 100 Sumer Street Doston Maso 02110 4174-5841 4174-5842 4174-5843 4174-5844 41777436 ~ 41777437 * 41777438 907085 63-003-630 CC5502895 Policy limits 100,000 per person 300,000 per occurrence Primary Policy 1,000,000 excess of Primary Program 9 4,000,000 excess of $ Million 5,000,000 excess of 5,000,000 Program 10 $ 1,000,000 excess of Primary Program 9 $ 9,000,000 excess of 1,000,000 10,000,000 excess of 9,000,000 500,000 Per Occurrence Combined Single Lini for lily Injury and Property Domge Primary Policy $ 5,000,000 excess of Primary Program 12 15,000,000 excess of 5,000,000 $ 7,000,000 part of 10,000,000 10,0 0,0 0 $ 3,000,000 part of 10,000,000 10,000,000 is in excess of 20,000,000 $ 5,000,000 excess of Primary Program 12 15,000,000 excess of 5,000,000 10,000,000 excess of 20,000,000 20,000,000 excess of 50,000,000 10,000,000 excess of Primary Program 12 15,000,000 excess of 10,000,000 25,000,000 excess of 25,000,000 5,000,000 excess of Primary Program 12 17,000,000 excess of 5,000,000 12,000,000 part of 25,000,000 rogan Period Octder 1 1977 - October 1 1978 October 1 , 1977 - October 1 1978 Octder 1 , 1977 - October 1 1978 17 October 1978 April 1 1979 October 1978 April 1 1979 October 1978 - April 1 1979 October 1978 - April 1 1979 October 1978 - April 1 1979 April 1 1979 - April 1 1980 April 1979 - April 1 1980 April 1 1979 - April 1 1980 15:11 1979 - April 1 1980 April 1979 - April 1 1980 Name & Address of Insurer Columbia Casualty 55 E. Jackson Blud Chicago Ill 60604 Employers Reinsurance P.O. Box 2991 Overland Park KA 66201 1 Policy Number RIXXX3652645 PLE21526 Highlands Insurance 600 Jefferson Street Houston TX 77002 30068 New England Reinsurance 60 Batterymarch Street Boston Mass 02110 681196 ? Northbrook Insurance Co. 63005038 Allstate Plaza Northbrook Ill 60062 Lexington Insurance Co. 100 Summer Street Dostal M386 02110 5513539 QUA 55 E. Jackson Blvd. Chicago Ill 60604 Highlands Insurance Co. CCO Jefferson Street Ibuston TX 77002 RDX4169393 SR30145 New England Reinsurance 60 Batterymarch Street Boston Mass 02110 684465 Northbrook Insurance Co. Allstate Plaza Northbrook Ill 60062 63005038 Lexington Insurance Co. , 100 Sumer Street Boston Mass 02110 Columbia Casualty 55 E. Jackson Blvd. Chicago Ill 60604 5513539 RIX4169393 RIX4169393 American Reinsurance Reinsurance One Liberty Plazo New York NY 10006 EUR4007916 Policy Muita $ 5,000,000 part of 25,000,000 $ 5,000,000 part of 25,000,000 25,0 0,0 0 25,0 0,0 0$ 3,000,000 part of 25,000,000 25,000,000 * 25,000,000 25,000,000 is in excess of 22,000,000 $ 5,000,000 excess of Primary Program 12 20,000,000 excess of 5,000,000 5,00,00 15,000,000 part of 25,000,000 $ 5,000,000 part of 25,000,000 25,000,000 25,0 0,0 0 $ 5,000,000 part of 25,25,0000,000,000 25,0 0,0 0 25,000,000 is in excess of 25,000,000 5,000,000 excess of Primary Program 12 20,000,000 excess of 5,000,000 15,000,000 part of 25,000,000 $ 5,000,000 part of 25,000,000 5,000,000 part of 25,000,000 25,00,00 25,000,000 is is in excess of 25,000,000 Irogram Perial 11 Deutler 7 1979 - April 1 1980 December 7 1979 - April 1 1980 December 7 1979 - Aril 1 1960 April 1 1981 April , 1983 April 1 1980 April 1 1981 April 1 1980 April 1 1981 April 1 1980 April 1 1981 April 1 1980 April 1 1981 April 1 1980 April 1 1981 April 1 1980 April , 1981 April 1 1980 April 1 1981 April , 1960 April , 1981 " Exclules May 13 1500 incident Name & Address of Insurer Allianz Uslerwritera P.O. Box 36910 Los Angeles CA 90036 Pinetop Insurance Grey xxuxTwer Phoenix AR 95077 \ Policy Number AU5003139 ray M.P101684 Fireman's And Insurance Co. P.O. Box 3395 San Francisco CA 94119 XIX1269069 XIX1269069 Truck Insurance Exchange 80 Wilshire Blvd. Los Angeles CA 90051 Trans Continental ONA Plaza Chicago Ill 60685 Northbrook Insurance Co. Allstate Plaza Northbrook Ill 60062 350-40-00 UMM006496626 63006576 Lexington Insurance Co. 100 Summer Street Boston Mass 02110 5514410 American Excess One Liberty Plaza New York NY 10006 ELU5073331 Allianz P.O. Dox 36910 Los Angeles CA 90036 Pine Top Greyhound Tower Phoenix AR 85077 AU5003139 MLP101684 Fireman's Fund P.O. Box 3395 San Francisco CA s 94119 XLX129069 Lloyds Underwriters C.T. Dowring & Co. Ltd. The Bowring fildg Tover Plaza London EC3P 3PE England + LUS 1294 Policy Limits 15,000,000 part of 25,000,000 $ 10,000,000 part of 25,000,000 25,000,000 is in excess of 50,000,000 Program 18 25,000,000 excess of 75,000,000 $ 500,000 Combined Single Limit 1,500,000 Annual Aggregate Primary Policy 10,000,000 excess of Primary Program 19 15,000,000 excess of 10,000,000 20,000,000 part of 25,000,000 $ 5,000,000 part of 25,000,000 25,000,000 is in excess of 50,000,000 15,000,000 part of 25,000,000 $ 10,000,000 part of 25,000,000 25,0 0,0 0 25,000,000 is in excess of 50,000,000 25,000,000 excess of 75,000,000 50,000,000 excess of 100,000,0100,0 00,0 0 Vecuren 21 Aril Aril 1 1903 All 1981 - April 1983 21 April 1 1981 - April 1 1982 April 198 - April 1 1982 April 1 1981 - April , 1982 April , 1981 - April , 1982 April 1 1981 - April 1 1932 April 1 1981 - April 1 {. April 1981 - April , 1982 \ 4 a At es a af COLE wt ari AAT aon GSet is aa fe 211 Ipril 1 1982 - April , 1983 April April 1 1982 - April 1 1983 April , 1982 - April , 1983 Name & Aldress 1 Policy Number Lloyda Underwriters C.T. Bowring & Co. Ltd. The Bowring Bldg Tower Plaza Ionlan JP JBE England UUS 1324 Lloyds Underwriters C.T. Bwring & Co. Ltd. The Bowring Bldg Tower Plaza London EC3P 3BE Exgland LUS 1325 Lloyds Underwriters C.T. Bowring & Co. Ltd. The Bowring Blij Tower Plaza London HCJP JDE Exgland LUS 1326 Landmark Insurance 3550 Wilshire Blvd. Los Angeles CA 90010 Industrial Indemnity P.O. Dox 3660 San Francisco CA 994120 FE4001206 . JEB312723 Firemans Fund P.O Box 3395 San Francisco CA 94119 XIX1372713 XIX1372713 Mitual Fire Marine & Inland 1200 Three Parkway Ihiladelphia PA 19102 Pine Top Insurance Greyhound Tower Hoenix AR 85077 ' EL.104518 MLP102700 Old Republic P.O. nox 789 Greenburg PA 15601 OZX12430 Lloyds Underwriters C.T. Dowring & Co. Ltd. The Dowring bildg Tower Plaza London EC3P 3DE Bxgland LUS 1355 Highlands Insurance Co. Cullen Center Bank Blvd. Ihuston TX 7702 SDR30269 Industrial Indemnity Co. P.O. Ibx 3600 San Francisco CA 94120 312723 Policy Limits $ 5,000,000 excess of Primary Program 19 20,000,000 excess of 5,000,000 25,000,000 excess of 25,000,000 Program 21 25,000,000 part of 50,000,000 $ 25,000,000 part of 50,000,000 50,000,000 50,000,000 is in excess of 50,000,000 30,000,000 part of 50,000,000 50,0 0,0 0 $ 7,500,000 part of 50,000,000 $ 6,250,000 part of 50,000,000 $ 6,250,000 part of 50,000,000 50,0 0,0 0 50,000,000 is in excess of 100,000,000 10,00,00 25,000,000 excess of 25,000,000 Program 21 10,000,000 part of 50,000,000 50,0 0,0 0 25,000,000 part of 50,000,000 . Woyran Turial April 1 1903 - April 1 1984 Wpril , 1903 - Aril 1 1984 April 1 1983 - April 1 1984 April 1 1983 - April 1 1984 4x11 1 1933 - April 1 1984 April 1 1983 - April 1 1984 Nine & Aldresa of Inmurer First State Insurance \ Policy Mmber 933597 Fireman's Fund Insurance XLX1402790 Great Southwest Fire Insurance Company XL13756 National Casualty Ins Co. X1000036 International Insurance 522-032-591-7 First State Insurance Co. 933598 Policy Limita $ 5,000,000 part of 50,000,000 50,000,000 la in excess of 50,000,000 29,000,000 part of 50,000,000 $ 2,000,000 part of 50,000,000 $ 2,000,000 part of 50,000,000 50,000,000 13,000,000 part of 50,000,000 $ 4,000,000 part of 50,000,000 50,000,000 is in excess of 100,000,000 aed - , k ro ~ KAISER Sapo - Ce ~ KAISER GYPSUM COMPANY VERIFICATION I the undersigned say I have read the foregoing document to the extent that the information set forth in the foregoing document is personally ww ee ee _ known me the information is true and correct to the best of my knowledge to the extent that the information set forth in the foregoing document is not known personally to me but is required by law to be provided in the said responsesI believe the responses to be correct to the extent that the responses state contain 10 legal objections or legal conclusions the responses have 11 been prepared by my attorneys based on their work product and 12 other information known to them and are not within my personal 13 knowledge 14 I declare under penalty of perjury under the laws of the 15 State of California that the foregoing is true and correct 16 Executed at Oakland , California this 14th 17 day of August 19 87 18 19 Melissa A. U YOUNGMAN mar 20 MELISSA A. Assistant Treasurer Treasurer 21 2 2 24 25 26 27 28 THE LAW OFFICES OF KINCAID GIANUNZIO CAUDLE & HUBERT A PROFESSIONAL CORPORATION GABRIEL A. JACKSON ESQ State Bar No. 98119 PAUL J. GAMBA ESQ State Bar No. 146097 JACKSON & WALLACE LLP 580 California Street 15th Floor San Francisco CA 94104 415 982-6300 Attorneys For Defendant KAISER GYPSUM COMPANY INC ZEB PARA .OTHER PARA ATTY_ ATTY_ CLASS -FILE AUG 04 04 1999 BRAYTON BRAYTON PURCELL HAND wf GEAGAN VERNIGHT GEAGAN MAIL- IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCOS VERIF 10 LDF 11 IN RE SAN FRANCISCO COUNTY COMPLEX ASBESTOS LITIGATION 12 13 14 No. 828684 TSC KAISER GYPSUM COMPANY INC.'S FIRST UPDATED RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO DEFENDANTS 15 16 17 PROPOUNDING PARTY Plaintiffs 18 RESPONDING PARTY Defendant KAISER GYPSUM COMPANY INC 19 SET Standard 20 DATE July 30 1999 COMES NOW defendant KAISER GYPSUM COMPANY INC hereinafter 22 KAISER GYPSUM and provides the following First Updated Responses to Plaintiffs 23 Standard Interrogatories To All Defendants propounded pursuant to San Francisco 24 County Complex Asbestos Litigation General Order No. 129 25 /// 26 III 22 28 ii! PRODUCTS H. No. RESPONSE TO INTERROGATORY NO 31 I. Kaiser Gypsum's Business Gypsum Plaster Gypsum Lath and Gypsum Wallboard M No Asbestos Used KAISER GYPSUM was organized by Henry J. Kaiser 1882-1967 the famous industrialist and World War II hero in 1952 and terminated its United States sales and manufacturing in 1978. Between 1952 and 1978 KAISER GYPSUM's principal business consisted of manufacturing and marketing gypsum plaster gypsum lath and gypsum wallboard These products never contained asbestos The word gypsum is 10 derived from the Greek word gypso meaning chalk Gypsum plaster is sometimes 11 called Plaster of Paris Gypsum occurs in nature in rock form and is found in abundance 12 in Baja California Mexico 13 A. Wallboard Joint Compounds Compounds - Asbestos Used As A Component 14 When the walls or ceilings of a room are made from gypsum wallboard large 15 pieces of wallboard are installed side by side leaving small spaces where two pieces of 16 wallboard meet These spaces need to be filled so that they cannot be seen after the wall 17 is painted or covered with wallpaper The products used to perform that task are called 18 joint compounds or joint finishing compounds At the time of use these joints 19 compounds are thick putty or mud substances which permits them to be pushed into 20 the spaces and smoothed with a putty knife or spatula Paper or cloth reinforcing tape is 21 pushed into the joint compound to help prevent cracking as the joint compound dries 22 The joint compound dries to form a hard rock substance 23 KAISER GYPSUM manufactured and marketed such wallboard joint compounds 24 and prior to the 1970's these joint compounds contained a small percentage of 25 chrysotile asbestos as a component The purpose of the chrysotile asbestos component 26 was to prevent cracks from forming as the joint compound dried Asbestos is the Greek 27 word for incombustible which refers to things that will not burn Chrysotile is the 28 most common form of asbestos used in products in the United States Chrysotile is a 10 fibrous rock material derived from the rock serpentine which is very common in California where it is the state rock These KAISER GYPSUM products were 1 Joint Cement Compound 2 Finishing Topping Compound 3 Purpose Wallboard Compound 4 Day Joint Compound 5 mix Joint Compound 6 mix Finishing Compound 10 7 mix Dual Purpose Joint Compound 11 8 mix Topping Compound 12 9 Laminating Compound 13 KAISER GYPSUM's separate responses to interrogatory subparts f for each of these products are as follows 15 1 Joint Cement Compound | 16 a The trade name of this product originally was Kaiser Joint Cement 17 in about 1957 it was changed to Kaiser Joint Compound 18 b KAISER GYPSUM marketed Kaiser Joint Cement in 1952 but did 19 not itself manufacture all of the product sold KAISER GYPSUM does not know 20 whether the manufactured product marketed in 1952 contained asbestos as a 21 component KAISER GYPSUM began manufacturing Kaiser Joint Cement in 1952 or 22 1953 at which time chrysotile asbestos was used as a component 23 C. KAISER GYPSUM last manufactured Kaiser Joint Compound 24 with chrysotile asbestos as a component in 1975 25 d The KAISER GYPSUM California plants that made this product 26 were located at Redwood City and Antioch These plants were in operation at different 27 times The product was manufactured at Redwood City from 1952 or 1953 to 1957 and at Antioch from 1957 to 1975. Because of the heavy weight of the product low profit 11 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of minerals including casein or polyvinyl clay talc limestone and mica The product manufactured in KAISER GYPSUM's California plants included between % by weight and 16 by weight chrysotile asbestos as a component depending on the formula in effect at a given date e This product was a white to white powder It was packaged and sold in sacks of 10 lbs to 25 lbs and in boxes of 5 and 18 lbs Each container was KAISER labeled with the name of the manufacturer GYPSUM COMPANY, INC the | name of the product and directions for its use f This product was a dry powder which when mixed with water formed a thick paste Upon application it dried to a hard durable surface It was used to fill gypsum wallboard joints embed joint reinforcing tape finish joints and to cover and finish nail heads and metal cornerbead 2 Finishing Topping Compound a The trade name of this product was Kaiser Gypsum Finishing Topping Compound b KAISER GYPSUM began manufacturing Finishing Topping Compound in 1955 and chrysotile asbestos was used as a component at that time C. KAISER GYPSUM last manufactured Finishing Topping Compound with chrysotile asbestos as a component in 1975 d The KAISER GYPSUM California plants that made this product were located at Redwood City and Antioch These plants were in operation at different times The product was manufactured at Redwood City from 1955 to 1957 and at Antioch from 1957 to 1975. Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant This product consisted primarily of minerals including casein or polyvinyl clay talc limestone and mica The product included between 5.3 by weight and % by weight chrysotile asbestos as a component depending on the formula in 12 effect at a given time e This product was a white to white powder It was packaged and sold in sacks of 25 lbs Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the name of the product and instructions for its use f This product was a dry powder which when mixed with water formed a thick paste Upon application it dried to a hard durable surface It was used to top and finish gypsum wallboard joints 3 Purpose Wallboard Compound | 10 a The trade name of this product was Kaiser Gypsum Purpose 11 Wallboard Compound 12 b KAISER GYPSUM began manufacturing Purpose Wallboard 13 Compound in 1968 and chrysotile asbestos was used as a component at that time 14 C. KAISER GYPSUM last manufactured Purpose Wallboard 15 Compound with chrysotile asbestos as a component in 1975 16 d The KAISER GYPSUM California plant that made this product 17 was located at Antioch Because of the heavy weight of this product low profit margin 18 and high transportation costs distribution tended to center around the location of the 19 manufacturing plant This product consisted primarily of minerals including casein or 20 polyvinyl clay talc limestone and mica The product included between 5.1 by weight 21 and 14.2 by weight chrysotile asbestos as a component depending on the formula in 22 use at the time 23 e The product was a white to white powder It was packaged and 24 sold in sacks of 25 lbs Each sack was labeled with the name of the manufacturer 25 KAISER GYPSUM COMPANY INC the name of the product and directions for its 26 use 27 f This product was a dry powder which when mixed with water 28 formed a thick paste Upon application it dried to a hard durable surface It was used to 13 tape top and finish gypsum wallboard joints nailheads and metal cornerbead 4 One Joint Compound a The trade name of this product was Kaiser Gypsum Day Joint Compound Powder b KAISER GYPSUM last manufactured One Day Joint Compound Powder in 1968 and chrysotile asbestos was used as a component at that time C. KAISER GYPSUM last manufactured One Day Joint Compound Powder with chrysotile asbestos as a component in 1975 d The KAISER GYPSUM California plants that made this product 10 were located at Santa Ana and Antioch Because of the heavy weight of the product low 11 profit margin and high transportation costs distribution tended to center around the 12 location of the manufacturing plant The product consisted primarily of casein limestone 13 and mica The product included 3.4 by weight chrysotile asbestos as a component 14 e This product was a white to white powder It was packaged 15 and sold in sacks of 25 lbs Each sack was labeled with the name of the manufacturer product and 16 KAISER GYPSUM COMPANY INC the name of the directions for its 17 use 18 f This product was a dry powder which when mixed with water 19 formed a thick paste Upon application it dried to a hard durable surface It was used to 20 fill gypsum wallboard joints embed joint reinforcing tape finish joints and to cover and 21 finish nailhead and metal cornerbead 22 5 Mix Joint Compound a The trade name of this product was Kaiser Gypsum Mix Joint 23 Compound 25 b KAISER GYPSUM began manufacturing Mix Joint 26 Compound in 1959 and chrysotile asbestos was used as a component at that time C. KAISER GYPSUM last manufactured Mix Joint Compound Compound 27 with chrysotile asbestos as a component in 1962 14 d The KAISER GYPSUM California plant that made this product was located at Long Beach Because of the heavy weight of the product low profit margin and high transportation cost distribution tended to center around the location of the manufacturing plant This product consisted primarily of minerals including casein or polyvinyl clay talc limestone and mica The product included chrysotile asbestos as a component The percentage presently is unknown Investigation is continuing e This product wasa white to white colored paste It was packaged and sold in cans of 4 or 5 gallons and in cartons of 5 gallons Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC 10 the name of the product and directions for its use 11 f This product was a thick paste material which upon 12 application dried to a hard durable surface It was used to fill gypsum wallboard joints 13 embed joint reinforcing tape finish joints and to cover and finish nailheads and 14 cornerbead 15 6 Mix Finishing Compound | 16 a The trade name of this product was Kaiser Gypsum Mix 17 Finishing Compound 18 b KAISER GYPSUM began manufacturing Mix Finishing 19 Compound in 1959 and chrysotile asbestos was used as a component at that time 20 C. KAISER GYPSUM last manufactured Mix Finishing 21 Compound with chrysotile asbestos as a component in 1962 22 d The KAISER GYPSUM California plant that made this product 23 was located at Long Beach Because of the heavy weight of this product low profit 24 margin and high transportation cost distribution tended to center around the location of 25 the manufacturing plant This product consisted primarily of minerals including casein or 26 polyvinyl clay talc limestone and mica The product included chrysotile asbestos as a 27 component The percentage presently is unknown Investigation is continuing 28 e This product was a white to white colored paste It was 15 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - 27 28 packaged and sold in cans of 4 or 5 gallons and in cartons of 5 gallons Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the name of the product and directions for its use g This product was a thick paste material which upon application dried to a hard durable surface It was used to finish gypsum wallboard joints and to cover and finish nailheads and cornerbead 7 Mix Dual Purpose Joint Compound a The trade name of this product was Kaiser Gypsum Mix Dual Purpose Joint Compound b KAISER GYPSUM began manufacturing Mix Dual Purpose Joint Compound in 1960 and chrysotile asbestos was used as a component at that time C. KAISER GYPSUM stopped manufacturing Mix Dual Purpose Joint Compound with chrysotile asbestos as a component in 1975 d The KAISER GYPSUM California plants that made this product were located at Long Beach Antioch and Santa Ana Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant This product consisted primarily of minerals including polyvinyl clay talc limestone and mica The product included between 1.5 by weight and % by weight chrysotile asbestos as a component depending on the formula in effect at a given date e This product was a white to white or light colored paste It was packaged and sold in gallon cans or plastic pails and 4 or gallon cartons Beginning in 1966 small amounts were sold in quart plastic buckets as an accommodation product for lumber dealers under the name Purpose Premix Compound Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the name of the product and directions for its use f This product was a thick paste material which upon application dried to a hard durable surface It was used to finish gypsum wallboard 16 joints embed joint reinforcing tape finish joints antdo cover and finish nailheads and metal cornerbead 8 Mix Topping Compound a The trade name of this product was Kaiser Gypsum Mix Topping Compound b KAISER GYPSUM began manufacturing Mix Topping Compound in 1968 and chrysotile asbestos was used as a component at that time C. KAISER GYPSUMlast manufactured Mix Topping _ Compound with chrysotile asbestos as a component in 1976 10 d The KAISER GYPSUM California plants that made this product 11 were located at Santa Ana and Antioch Because of the heavy weight of the product low 12 _ profit margin and high transportation costs distribution tended to center around the 13 location of the manufacturing plant This product consisted primarily of minerals 14 including casein or polyvinyl clay talc limestone and mica The product included 15 between 0.9 by weight and % by weight chrysotile asbestos as a component 16 depending on the formula in effect at a given date 17 e This product was a white to white or light colored paste . 18 It was packaged and sold in metal and plastic buckets of 4 or gallons and in cartons of 4 19 gallons Each container was labeled with the name of the manufacturer KAISER 20 GYPSUM COMPANY INC the name of the product and directions for its use f This product was a thick paste material which upon 22 application dried to a hard durable surface It was used to top and finish gypsum 23 wallboard joints 24 9 Laminating Compound 25 a The trade name of this product was Kaiser Gypsum Laminating Compound 27 b KAISER GYPSUM began manufacturing Laminating Compound 28 in 1961 at which time chrysotile asbestos was used as a component C. KAISER GYPSUM last manufactured Kaiser Gypsum Laminating Compound with chrysotile asbestos as a component in 1972 at which time the product was discontinued d The KAISER GYPSUM California plants that made this product were located at Antioch and Santa Ana These plants were in operation at different times The product was manufactured at Antioch from 1961 through 1970 and at Santa Ana in 1971 and 1972. Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of soya flour and limestone The 10 product included between 6.5 by weight and % by weight chrysotile asbestos as a 11 component depending upon the formula in effect at a given date 12 e This product was a white to white powder It was packaged 13 and sold in sacks of 25 lbs Each container was labeled with the name of the 14 manufacturer KAISER GYPSUM COMPANY INC the name of the product and 15 directions for its use 16 f This product was a dry powder which when mixed with water 17 formed a thick paste It was used as an adhesive to laminate one piece of gypsum 18 wallboard to another which was occasionally done to create gypsum drywall partitions 19 having thicker wallboard than could be created by a single sheet 10 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of 21 the eight wallboard joint compound products discussed above are as follows 22 g KAISER GYPSUM is unsure as to the intended meaning of The 23 U.S. Government's Qualified Products List but has no knowledge that any of its 24 wallboard joint compound products ever appeared on sucha list 25 h KAISER GYPSUM is aware of the following suppliers of 26 chrysotile asbestos 27 Harrison & Crosfield Carmonia Chemical Co. 28 Western Chemical Co. 18 Philip Carey Corp. Carey Canadian Asbestos Manville Union Carbide Corp. E.S. Browning Current addresses if any are not known to KAISER GYPSUM Most of the specific time periods during which these firms supplied asbestos are unknown 1-3 KAISER GYPSUM sold such products to customers consisting largely of building contractors or building materials dealers KAISER GYPSUM has some retained sales orders and sales invoices for some years which identify the purchasers of KAISER GYPSUM products the dates of sale the 10 amount of each product sold and in some cases the sites to which the products were to 11 be delivered Sales orders and invoices are not organized by type of product and often individual documents cover sales of multiple products KAISER GYPSUM has 13 previously made available to plaintiff's attorneys its retained sales records covering sales 14 to customers in the Geographic Area 15 j KAISER GYPSUM has previously made available to plaintiff's 16 attorneys responsive documents sufficient to substantiate the above information 17 KAISER GYPSUM regards and maintains its product formulas as confidential business 18 information Incidental to the sale of production facilities in which containing 19 products were previously manufactured KAISER GYPSUM transferred its trade secrets 20 intangible property rights and other confidential and proprietary business information and assumed obligations to maintain their confidentiality 22 B. Decorative Texture Finishes For Interior Walls Or Ceilings - Asbestos Used As A Component 23 24 Drywall partitions or walls made from gypsum wallboard are sometimes 25 decorated with wall covering or wallpaper that is fixed to the wall by an adhesive or glue 26 On other occasions such walls are finished by painting them There are many varieties 27 of paint including some that are intended to create a textured surface rather than a 28 smooth surface KAISER GYPSUM manufactured and marketed several texture paint Vaison unacuumala 19 unacuumala First Undated Recnances to Plaintiffs Standard Interrogatories to Defondante Defondante 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 products that during certain years used chrysotile asbestos as one of numerous components Drywall ceilings are sometimes finished with decorative products as are the cement slab ceilings found in some high buildings KAISER GYPSUM also manufactured and marketed decorative texture products for use on such interior ceilings that during certain years used chrysotile asbestos as one of numerous components The KAISER GYPSUM decorative wall and ceiling texture products were 1 Cover Texture Paint 2 Spray or Spray Cover Texture Paint 3 Kaiser Texture Paint 4 Cover TSS Wall Texture 5 Spray Ceiling Texture KAISER GYPSUM's responses to interrogatory subparts a for each of these products are as follows 1 Cover Texture Paint a The trade name ofthis product was Cover Texture Paint b KAISER GYPSUM marketed Cover Texture Paint in 1952 but it did not itself manufacture all of the product sold KAISER GYPSUM does not know whether the manufactured product marketed in 1952 contained asbestos KAISER GYPSUM began manufacturing this product in 1953 at which time chrysotile asbestos was used as a component C. KAISER GYPSUM last manufactured Cover Texture Paint with chrysotile asbestos as a component in 1967 when the product was discontinued d The KAISER GYPSUM California plants that made this product were located in Redwood City and Antioch These plants were in operation at different times The product was manufactured at Redwood City from 1953 through 1957 and at the Antioch plant from 1957 through 1967. Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of casein 20 limestone and mica The product included between 4,4 by weight and 8.6 by weight chrysotile asbestos as a component depending upon the formula in effect at a given date | e This product was a white to white powder It was packaged and sold in sacks of 25 lbs and of 50 lbs Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the name of the product and directions for its use f This product was a dry powder which when mixed with water formed a texture paint It was used to produce texture effects over gypsum wallboard surfaces 10 2 11 Spray Or Spray Cover Texture Paint a The initial trade name of this product was Spray It was later 12 changed to Spray Cover Texture Paint 13 b KAISER GYPSUM last manufactured Spray Cover Texture 14 Paint with chrysotile asbestos as a component in 1967 when the product was 15 discontinued 16 d The KAISER GYPSUM California plants that made this product 17 were located in Redwood City and Antioch These plants were in operation at different 18 times The product was manufactured at Redwood City from 1956 through 1957 and at 19 the Antioch plant from 1957 through 1967. Because of the heavy weight of the product 20 low profit margin and high transportation costs distribution tended to center around the 21 location of the manufacturing plant The product consisted primarily of casein 22 limestone and mica The product included between 6.6 by weight and 36.6 by 23 weight chrysotile asbestos as a component depending upon the formula in effect at a 24 given date 25 e This product was a white to white powder However some 26 colored versions of the product were offered It was packaged and sold in sacks of 25 lbs 27 and of 50 lbs Each container was labeled with the name of the manufacturer KAISER 28 GYPSUM COMPANY INC the name of the product and directions for its use 21 f This product was a dry powder which when mixed with water formed a texture paint that was used to produce texture effects over gypsum wallboard surfaces 3 Kaiser Texture Paint a The trade name of this product was Kaiser Texture Paint b KAISER GYPSUM marketed Kaiser Texture Paint in 1952 but it did not itself manufacture all of the product sold KAISER GYPSUM does not know whether the manufactured product marketed in 1952 contained asbestos KAISER GYPSUM began manufacturing this product in 1952 or 1953 at which time 10 chrysotile asbestos was used as a component 11 C. KAISER GYPSUM last manufactured Kaiser texture paint 12 with chrysotile asbestos as a component in 1967 when the product was discontinued 13 d The KAISER GYPSUM California plants that made this product 14 were located in Redwood City and Antioch These plants were in operation at different times The product was manufactured at Redwood City from 1952 or 1953 through 1957 16 and at the Antioch plant from 1957 through 1967. Because of the heavy weight of the 17 product low profit margin and high transportation costs distribution tended to center 18 around the location of the manufacturing plant The product consisted primarily of casein limestone and mica The product included between 4.0 by weight and 8.0 by 20 weight chrysotile asbestos as a component depending upon the formula in effect at a 21 given date 22 e This product was a white to white powder however some 23 colored paints were sold It was packaged and sold in sacks of 10 lbs and of 25 lbs 24 Each container was labeled with the name of the manufacturer KAISER GYPSUM 25 COMPANY INC the name of the product and directions for its use 26 f This product was a dry powder which when mixed with water 27 formed a texture paint It was used to produce texture effects over gypsum wallboard 28 surfaces 22 4 Cover TSS Wall Texture a The trade name of this product was Kaiser Gypsum Cover TSS Wall Texture Paint b KAISER GYPSUM began manufacturing Cover Wall Texture in 1968 at which time chrysotile asbestos was used as a component C. KAISER GYPSUM last manufactured Cover Wall Texture with chrysotile asbestos as a component in 1975 d The KAISER GYPSUM California plants that manufactured this product were Santa Ana and Antioch The product was manufactured at Santa Ana from 10 1968 through 1975 and at the Antioch plant from 1968 through 1975. Because of the 11 heavy weight of the product low profit margin and high transportation costs distribution 12 tended to center around the location of the manufacturing plant The product consisted 13 primarily of casein limestone and mica The product included between 4.2 by weight 14 and 8.7 by weight chrysotile asbestos as a component depending upon the formula in effect at a given date 16 e The product was a white to white powder It was packaged and | 17 sold in 50 lb. sacks Each container was labeled with the name of the manufacturer 18 KAISER GYPSUM COMPANY INC the name of the product and directions for its 19 use 20 f This was a dry powder which when mixed with water formed a 21 paint product designed for hand or spray application When dry it produced a hard 22 durable surface It was used to produce texture effects over gypsum wallboard surfaces 23 24 5 Spray Ceiling Texture a The trade name of this product was Kaiser Gypsum Spray 25 Ceiling Texture 26 b KAISER GYPSUM began manufacturing Spray Ceiling Texture 27 in 1961 at which time chrysotile asbestos was used as a component C. KAISER GYPSUM last manufactured Spray Ceiling Texture 23 with chrysotile asbestos as a component in 1975 d The KAISER GYPSUM California plants that manufactured this product were Santa Ana and Antioch The product was manufactured at Santa Ana from 1973 through 1975 and at the Antioch plant from 1961 through 1971. Because of the heavy weight of the product low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of casein limestone and mica The product included between 1.3 by weight and 9.9 by weight chrysotile asbestos as a component depending upon the formula in | effect at a given date .. 10 e The product was a white powder with either a mineral or 11 polystyrene aggregate It was packaged and sold in 32 lb. sacks Each container was 12 labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the 13 name of the product and directions for its use 14 f This was a dry powder which when mixed with water formed a 15 paint product designed for spray application When dry it produced a hard durable 16 surface It was used to produce texture effects over gypsum wallboard or interior 17 concrete ceilings 18 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of 19 the five decorative texture products discussed above are as follows 20 g KAISER GYPSUM is unsure as to the intended meaning of The 21 U.S. Government's Qualified Products List but has no knowledge that any of its 22 decorative texture products ever appeared on sucha list 23 h KAISER GYPSUM is aware of the following suppliers of 24 chrysotile asbestos 25 Harrison & Crosfield Carmonia Chemical Co. 26 Western Chemical Co. Philip Carey Corp. Carey Canadian Asbestos 27 Manville Union Carbide Corp. 28 E.S. Browning 24 Current addresses if any are not known to KAISER GYPSUM Most of the specific time periods during which these firms supplied asbestos are unknown 13 KAISER GYPSUM sold such products to customers consisting largely of building contractors or building materials dealers KAISER GYPSUM has some retained sales orders and sales invoices for some years which identify the purchasers of KAISER GYPSUM products the dates of the sales the amount of each product sold and in some cases the sites to which the products were to be delivered Sales orders and invoices are not organized by type of product and often individual documents cover sales of multiple products KAISER GYPSUM has 10 previously made available for inspection its retained sales records covering sales to 11 customers in the Geographic Area 12 j KAISER GYPSUM has made available for inspection to plaintiffs 13 attorneys responsive documents sufficient to substantiate the above information 14 KAISER GYPSUM regards and maintains its product formulas as confidential business information Incidental to the sale of production facilities in which containing 16 products were previously manufactured KAISER GYPSUM transferred its trade secrets 17 intangible property rights and other confidential and proprietary business information 18 and assumed obligations to maintain their confidentiality 19 C. Electric Radiant Heath System Finishing Products - Asbestos Used As A Component 20 21 In areas where electricity was expected to be particularly inexpensive some 22 houses and apartments were constructed with electric radiant heating systems In some 23 such radiant heating systems grooves were cut in gypsum wallboard ceilings and 24 electrical heating cables secured in the grooves The groove were then filled and 25 the ceiling covered with a decorative finish In other systems electric heating wires were 26 stapled to the surface of wallboard Then the ceiling was covered with a thick decorative 27 finish that would conceal the heating wires KAISER GYPSUM made several products for finishing such systems and these products used chrysotile asbestos as one of 25 numerous components These KAISER GYPSUM products were 1 Filler Compound 2 Radiant Heat Compound 3 Radiant Heath Scrimless Surfacing Compound KAISER GYPSUM's responses to interrogatory subparts f for each of these products are as follows 1 Filler Compound a The trade name of this product was Kaiser Gypsum Filler Compound 10 b KAISER GYPSUM began manufacturing Filler Compound in 11 1961 at which time chrysotile asbestos was used as a component 12 C. KAISER GYPSUM last manufactured Filler Compound with 13 chrysotile asbestos as a component in 1972 when the product was discontinued 14 d The KAISER GYPSUM California plant that made this product 15 was located at Antioch It manufactured Filler Compound from 1961 to 1970. Because 16 of the heavy weight of the product the low profit margin and high transportation costs 17 distribution tended to center around the location of the manufacturing plant The product 18 consisted primarily of minerals including limestone and mica The product used 19 chrysotile asbestos as a component in its formula but the amount of asbestos called for in 20 the formula used to manufacture the product at the Antioch plant is uncertain 21 Investigation is continuing 22 e This product was a white to white powder It was packaged 23 and sold in sacks of 50 lbs Each container was labeled which contained the name of the 24 manufacturer KAISER GYPSUM COMPANY INC the name of the product and 25 directions for its use 26 f This product was a dry powder which when mixed with water 27 formed a thick paste Upon application it dried to a hard durable surface It was used to 28 cover Radiant Heating System ceiling surfaces 26 2 Radiant Heat Compound a The trade name of this product was Kaiser Gypsum Radiant Heat Compound b KAISER GYPSUM began manufacturing this product in 1968 at which time chrysotile asbestos was used as a component C. KAISER GYPSUM last manufactured Radiant Heat Compound with chrysotile asbestos as a component in 1974 when the product was discontinued d The KAISER GYPSUM California plant that made this product was located in Santa Ana where it was manufactured from 1968 through 1974. Because 10 of the heavy weight of the product the low profit margin and high transportation costs 11 distribution tended to center around the location of the manufacturing plant The product 12 consisted primarily of sand and white portland cement The product included between 13 3.3 by weight and 3.6 by weight chrysotile asbestos as a component 14 e This product was a white to white powder It was packaged 15 and sold in sacks of 60 lbs Each container was labeled with the name of the 16 manufacturer KAISER GYPSUM COMPANY INC the name of the product and 17 directions for its use 18 f This product was a dry powder which when mixed with water 19 a formed thick paste that was used to cover radiant heating cables stapled to ceiling 20 surfaces 3 Radiant Heat Scrimless Surfacing Compound 22 a The trade name of this product was Kaiser Gypsum Radiant Heat 23 Scrimless Surfacing Compound 24 b KAISER GYPSUM began manufacturing this product in 25 California in 1972 at which time chrysotile asbestos was used as a component 26 C. KAISER GYPSUM last manufactured Radiant Heat Scrimless 27 Surfacing Compound with chrysotile asbestos as a component in 1974 when the product 28 was discontinued d The KAISER GYPSUM California plant that made this product was located in Santa Ana where it was manufactured from 1972. Because of the heavy weight of the product the low profit margin and high transportation costs distribution tended to center around the location of the manufacturing plant The product consisted primarily of sand silica flour and mica The product included % by weight chrysotile asbestos as a component e This product was a greenish powder It was packaged and sold in sacks of 25 lbs and in sacks of 50 lbs Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the name of the product and 10 directions for its use 11 f This product was a dry powder which when mixed with water 12 formed a thick paste that was used to cover radiant heating cables embedded in ceiling | 13 surfaces 14 KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of 15 the three radiant heating system surfacing products discussed above are as follows 16 g KAISER GYPSUM is unsure as to the intended meaning of The 17 U.S. Government's Qualified Products List but has no knowledge that any of its radiant 18 heating system surfacing products ever appeared on sucha list 19 h KAISER GYPSUM is aware of the following suppliers of 20 asbestos 21 Harrison & Crosfield Carmonia Chemical Co. Western Chemical Co. Philip Carey Corp. Carey Canadian Asbestos 23 Manville Union Carbide Corp. 24 E.S. Browning 25 Current addresses if any are not known to KAISER GYPSUM Most of the 26 specific time periods during which these firms supplied asbestos are unknown | 27 1-3 KAISER GYPSUM sold such products to customers consisting 28 largely of building contractors or building materials dealers 28 KAISER GYPSUM has some retained sales orders and sales invoices for some years which identify the purchasers of KAISER GYPSUM products the dates of the sales the amount of each product sold and in some cases the sites to which the products were to be delivered Sales orders and invoices are not organized by type of product and often individual documents cover sales of multiple products KAISER GYPSUM has previously made available to plaintiff's attorneys its retained sales records covering sales to customers in the Geographic Area j KAISER GYPSUM has previously made available to plaintiff's attorneys responsive documents sufficient to substantiate the above information 10 KAISER GYPSUM regards and maintains its product formulas as confidential business 11 information Incidental to the sale of production facilities in which containing 12 products were previously manufactured KAISER GYPSUM transferred its trade secrets 13 intangible property rights and other confidential and proprietary business information 14 and assumed obligations to maintain their confidentiality D. Gypsum Wallboard Accessories For Exterior Use - Asbestos Used As A Component 16 17 KAISER GYPSUM experimented with gypsum wallboard products for use on the 18 exterior surfaces of buildings but those products proved unsuccessful KAISER 19 GYPSUM never discovered a way for them to be manufactured that would allow them to 20 effectively withstand the wide variety of weather and temperature conditions that exterior 21 products confront Those exterior gypsum products were marketed in several test areas and as in the case of interior gypsum drywall products required the use of materials to 23 fill the spaces between pieces of gypsum wallboard and to provide a decorative finish 24 KAISER GYPSUM offered products for those purposes whose components included 25 small percentages of chrysotile asbestos These products were 1 Terior Premix Prefill Compound 27 2 Terior Premix Wall Texture Compound 28 KAISER GYPSUM's responses to interrogatory subparts f for each of these 29 products are as follows 1 Terior Premix Prefill Compound a The trade name of this product was Kaiser Gypsum Terior Premix Prefill Compound & KAISER GYPSUM began and ceased marketing this product during 1975. Chrysotile asbestos was used as a component for the brief period during which this product was manufactured d The KAISER GYPSUM California plant that made this product was located at Antioch The product was marketed in a limited market area where 10 exterior gypsum wallboard was being sold on a test basis Kaiser Gypsum Terior 11 Premix Prefill Compound was made primarily of raw gypsum PVA emulsion and mica 12 The product included 1.5 by weight chrysotile asbestos as a component 13 e This product was a white to white paste It was packaged and 14 sold in metal cans and plastic buckets of 60 lbs and in cartons of 48 lbs and 60 lbs 15 Each container was labeled with the name of the manufacturer KAISER GYPSUM 16 COMPANY INC the name of the product and directions for its use 17 f This product was a paste that was used to pre joints in gypsum | 18 wallboard installed on building exteriors 19 2 Terior Premix Wall Texture Compound 20 a The trade name of this product was Kaiser Gypsum Terior 21 Premix Wall Texture Compound 22 & KAISER GYPSUM began and ceased marketing this product 23 during 1975. Chrysotile asbestos was used as a component for the brief period during 24 which this product was manufactured 25 d The KAISER GYPSUM California plant that made this product 26 was located at Antioch The product consisted primarily of limestone acrylic emulsion 27 and mica The product included 1.5 by weight chrysotile asbestos as a component 28 e The product was a white to white paste It was packaged and 30 sold in 58 lb. metal cans plastic buckets and cartons Each container was labeled with the name of the manufacturer KAISER GYPSUM COMPANY INC the name of the product and directions for its use f This product was a white to white paste that was used to provide surface texture to gypsum wallboard on building exteriors KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to the two exterior finishing products discussed above are as follows g KAISER GYPSUM is unsure as to the intended meaning of The U.S. Government's Qualified Products List but has no knowledge that any of its 10 exterior finishing products ever appeared on sucha list 11 h KAISER GYPSUM is aware of the following suppliers of 12 chrysotile asbestos 13 Harrison & Crosfield Carmonia Chemical Co. 14 Western Chemical Co. Philip Carey Corp. Carey Canadian Asbestos 15 Manville Union Carbide Corp. 16 E.S. Browning 17 Current addresses if any are not known to KAISER GYPSUM Most of the specific time periods during which these firms supplied asbestos are unknown 19 . 1-3 KAISER GYPSUM sold such products to customers consisting 20 largely of building contractors or building materials dealers 21 KAISER GYPSUM has some retained sales orders and sales invoices for some 22 years which identify the purchasers of KAISER GYPSUM products the dates of the 23 sales the amount of each product sold and in some cases the sites to which the products 24 were to be delivered Sales orders and invoices are not organized by type of product and 25 often individual documents cover sales of multiple products KAISER GYPSUM has 26 previously made available to plaintiff's attorneys its retained sales records covering sales 27 to customers in the Geographic Area 28 j KAISER GYPSUM has previously made available to plaintiff's attorneys responsive documents sufficient to substantiate the above information KAISER GYPSUM regards and maintains its product formulas as confidential business information Incidental to the sale of production facilities in which containing products were previously manufactured KAISER GYPSUM transferred its trade secrets intangible property rights and other confidential and proprietary business information and assumed obligations to maintain their confidentiality Consistent with those property rights and obligations KAISER GYPSUM is prepared to produce the formulas for containing products marketed in the GeographicGeographic Area under a confidentiality agreement 10 II Products Made At Kaiser Gypsum's Oregon Plant 11 From 1956 to 1978 KAISER GYPSUM owned and operated a plant located at St. 12 Helens Oregon whose basic capability was to make building construction products by 13 compressing wood fibers extracted from wood chips to make various types of sheets and 14 boards used in constructing buildings ' 15 The overwhelming majority of the products KAISER GYPSUM made at its 16 Oregon plant were sold with the trademark Firtex No product sold under this trade 17 name ever used asbestos as a component 18 Firtex products also included materials intended for use on ceilings One type 19 was tiles that could be glued or tacked to ceilings to reduce noise Another group of such 20 products was used in suspended ceilings KAISER GYPSUM found that the 21 manufacturing machinery at its St. Helens Oregon plant could be used to make ceiling 22 tiles and lay boards for suspended ceilings with various types of mineral wool as the 23 principal component instead of wood chips KAISER GYPSUM marketed such Kaiser 24 Gypsum Mineral Fibreboard products for many years KAISER GYPSUM never used 25 asbestos as a component in any of its hour rated products 26 A. Hour Rated Mineral Fiberboard Underwriters Laboratories Inc. Design - Asbestos Used As A Component 27 28 Fire code officials came to insist that in some types of buildings ceiling tiles or 32 This product included 1.6 by weight chrysotile asbestos as a component e This product consisted of ceiling tiles and lay boards with face side white or colored and with a perforated or fissured design for acoustical treatment The tiles were 5/8 by 12 by 12. The lay boards came in various sizes the most common being 1/2 or 5/8 by 24 by 24 and 1/2 or 5/8 by 24 by 48. They were packaged and sold in boxes of various quantities The boxes contained the name of the manufacturer KAISER GYPSUM Company Inc. the name of the product and other printed material KAISER GYPSUM's hour rated ceiling tiles and suspended ceiling lay board products in which chrysotile asbestos was used as a component 10 were required to be specially marked because they looked similar to other KAISER 11 GYPSUM mineral fiberboard ceiling tiles and lay boards that did not contain asbestos 12 as a component and building inspectors wanted to be able to check to make sure that 13 products with a hour fire resistance classification actually were being used by the 14 building contractor when those had been specified It is believed that hour rated 15 ceiling tile and suspended ceiling lay board were stamped on the back with either the 16 initial KG or the word KAISER GYPSUM It is believed that this marking was 17 employed during the entire period that the hour rated products were manufactured 18 by KAISER GYPSUM 19 f This product was used for acoustical ceiling tile and suspended 20 lay board in circumstances where a hour fire resistance classification was specified g KAISER GYPSUM is unsure as to the intended meaning of The 22 U.S. Government's Qualified Products List but has no knowledge that any of its hour 23 rated mineral fiberboard products ever appeared on sucha list 24 h KAISER GYPSUM is aware of the following suppliers of 25 chrysotile asbestos to its St. Helens Plant 26 Loomis Chemical Co. Benson Chemical Co. 27 28 Current addresses if any are not known to KAISER GYPSUM Most of the 34 7 3 2 Officces & Disenti 4 5 6 7 8 IN THE SUPERIOR COURT OF WASHINGTON 9 FOR KING COUNTY SYLVIN W. PICKNER and EVELYN I. PICKNER a married couple ) Plaintiffs a er V. Ne OWENS CORNING et al NSeee Defendant Nee Nae No 98-2-09390-1 SEA KAISER GYPSUM COMPANY INC.'S , RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST | | FOR PRODUCTION OF DOCUMENTS PROPOUNDING PARTY RESPONDING PARTY SYLVIN W. PICKNER and EVELYN I. PICKNER KAISER GYPSUM COMPANY INC PRELIMINARY STATEMENT No single person associated with Kaiser Gypsum has the knowledge necessary to supply every answer to these interrogatories and request for production and a number of individuals who might have had personal knowledge of the matters addressed by these interrogatories are either deceased or no longer employees of Kaiser Gypsum KAISER TO GYPSUM COMPANY INC.'S RESPONSES PLAINTIFFS FIRST SET OF - ORIGINAL ORIGINAL ORIGINAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3076 Further Kaiser Gypsum objects to these interrogatories on the grounds that they are vague 2 ambiguous overbroad as to time scope products and location not in issue and seek information not 3 relevant to the issues in this lawsuit 4 Without waiving said objections and in the interest of full disclosure Kaiser Gypsum responds 5 solely with regard to its Seattle facility and with regard to products identified by plaintiff 6 Kaiser Gypsum continues its ongoing investigation to locate information regarding the subject 7 matter of these interrogatories and reserves its right to supplement these interrogatory responses as may 8 be necessary if and when such further information becomes available ns INTERROGATORY NO 1 corporation State your full legal name date of incorporation principle place of business and whether you are a private or public RESPONSE 7 Kaiser Gypsum Company Inc. was incorporated on December 1 1952 in the State of Washington Its principal place of business is Pleasanton California and it is a privately held corporation INTERROGATORY NO 2 For each year between 1950 and 1978 identify your officers and directors RESPONSE Kaiser Gypsum objects to this interrogatory on the grounds that it is vague burdensome ambiguous and overbroad as it contains years when Kaiser Gypsum was not doing business and thus it is not reasonably calculated to lead to the discovery of admissible evidence Without waiving said objections Kaiser Gypsum responds see Exhibit A attached hereto INTERROGATORY NO 3 any Please relate your corporate history from 1948 to the present including but not limited to mergers acquisitions name changes or incorporations or secession of business operations RESPONSE KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 2 Williams Kastner & Gibbs PLLC - Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 1 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous and 2 overbroad as it contains years when Kaiser Gypsum was not doing business and thus it is not reasonably calculated to lead to the discovery of admissible evidence Without waiving said objections ! 4 Kaiser Gypsum responds 5 Kaiser Gypsum was organized and incorporated in 1952. On June 19 1952 Permanente Cement 6 Company later known as Kaiser Cement Corporation formed a wholly owned subsidiary named Kaiser 7 Gypsum Company On December 1 1952 Kaiser Gypsum Company was merged with Pacific Coast 8 Cement Company a Washington corporation and another subsidiary of Permanente Cement Company 9 10 ee 11 At the time of the merger Pacific Coast Cement Company had no assets or operations The name of the combined company was then changed to Kaiser Gypsum Company Inc. In 1978 Kaiser Gypsum Company Inc. ceased all business operations 12 INTERROGATORY NO 4 Have you at any time engaged in the sale of a product which contained asbestos fibers If so please identify a the names of your entities selling each of those products 15 b the trade or brand name of each asbestos containing product sold by you c the dates each product was manufactured or sold 1 d a description of each product including the type and percentage of asbestos contained in said product 16 e how each product was packaged and 1818 f your gross sales of each asbestos containing product between 1950 and 1978 RESPONSE 19 20 221 1 222 2 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous and overbroad as it seeks information about types of products and places not at issue in this litigation and years when Kaiser Gypsum was not in business Thus this interrogatory is not reasonably calculated to lead to the discovery of admissible evidence As to subsection f Kaiser Gypsum objects to this on the grounds that it is unduly burdensome harassing and not reasonably calculated to lead to the 221 25 KAISER GYPSUM COMPANY INC.'S RESPONSES : TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 3 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 discovery of admissible evidence Further Kaiser Gypsum responds that it does not possess complete 2 information for its Seattle facility for said years 3 Without waiving said objections Kaiser Gypsum responds that the following products which 4 contained asbestos fibers for various periods of time were manufactured at its Seattle facility S 1 Joint Compound Powder 6 This product was manufactured at Seattle from 1969 to 1975 and contained 7.5 to 10 7 chrysotile asbestos This white powder was packaged and soldin sacks of 10 and 25 pounds 8 2 Finishing Compound Powder Mo: This product was manufactured at Seattle from 1969 to 1975 and contained3.5 to 11 chrysotile asbestos It was white to white powder and packaged in sacks of 25 pounds 3 Day Joint Compound Powder This product was manufactured at Seattle from 1970 to 1975 and contained chrysotile asbestos It was a white to white powder and packaged in sacks of 25 pounds % ' 4 Three Purpose Compound Powder This product was manufactured at Seattle from 1969 to 1975 and contained % to 11 . chrysotile asbestos This was a white to white powder and packaged in sacks of 25 pounds 5 Purpose Mix Compound This product was manufactureadt Seattle from 1969 to 1975 and contained 2.5 to % chrysotile asbestos This was a white to white or light buff colored paste and packaged in bucket or cartons of 4 to 5 gallons 6 Mix Topping Compound This product was manufactured at Seattle 1971 to 1975 and contained % chrysotil . asbestos This was a white to white colored paste packaged and soldin buckets of 4 or5 gallons | | and cartons of 4 gallons INTERROGATORY NO 5 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS- 4 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 mne ese er ALT Identitfhye date if any on which you ceased the sale of containing products 2 RESPONSE 3 By 1975 Kaiser Gypsum's Seattle plant ceased to manufacture products containing asbestos 4 INTERROGATORY NO 6 5 _ For each product identified in response to Interrogatory No. 4 identify all warnings you 6 employed to protect the purchasers said products from asbestos harm including in your answer | 7 the text of said warning and the date on which it commenced 8 eae 9 10 11 12 . 13 14 Beginning Beginning in 1972 Kaiser Gypsum affixed caution labels to the packages and containers of its : - containing products The warning label as prescribed by OSHA read CAUTION contains asbestos fibers avoid creating dust asbestos dust may cause serious bodily harm breathing 15 16 INTERROGATORY NO 7 17 State the date on which you learned that asbestos poses a hazard to human health 18 RESPONSE 19 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous 20 overbroad and assumes that any type of asbestos in any condition or in any amount poses a hazard 21 to human health 23 24 25 Without waiving said objections Kaiser Gypsum responds that it became aware generally sometime in the 1970s that users of some containing building products could be at risk of inhaling quantities of respirable asbestos fibers sufficient to pose a potential hazard to their health .. INTERROGATORY NO 8 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS -5 -5 Williams Kastner & Gibbs PLLC - Two Union Square Suite 4100 4 Mail Address P.O. Bex 21926 Seattle Washington 98111-3926 products Identify all measures you employed to protect the users of | your containing 2 from any asbestos harm : 3 RESPONSE that 4 Kaiser Gypsum objects to this interrogatory on the grounds that it is 5 vague ambiguous overbroad and not sufficiently limited in time or | scope Without waiving said objections Kaiser 6 Gypsum responds that it placed warning labels on its : 7 such products posed potential health hazards containing products upon learning | to end users | INTERROGATORY NO 9 | . Identify all measures you employed to protect your employees from any asbestos harm 10 RESPONSE | | 11 Kaiser Gypsum objects to this interrogatory on the grounds that it is 12 and overbroad Further Kaiser Gypsum is informed and vague ambiguous | believes that plaintiff was neither empl a 13 by Kaiser Gypsum nor present at any of its plants at time | any Thus events occurring at any Kaiser 14 Gypsum plant have no relevance to the conditions allegedly experienced by plaintiff Therefore this 1 15 interrogatory is not reasonably calculated to lead to the discovery of admissible evidence 16 INTERROGATORY NO 10 17 Identify all trade publications to which you subscribed between 1950 and 1978 18 RESPONSE 19 Kaiser Gypsum objects to this interrogatory on the grounds that it is ' vague ambiguous 20 overbroad and unintelligible as to the word trade publications Furthermore this interrogatory - 21 contemplates years when Kaiser Gypsum was not in business | interrogatory Thus this is not reasonably 22 calculated to lead to the discovery of admissible evidence Without waiving said objections Kaiser 23 Gypsum responds that it is informed and believes it | was a member of the Gypsum Association from approximately 1952 to approximately 1978 and believes it may have received its publications 2525 INTERROGATORY NO 11 | | KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS- 6 | Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 , Mail Address P.O. Box 21926 Seattle Washington 98111-3926 1 Do you maintain a computerized listing of the sales of your containing products If so describe the information stored on said computer including whether said sales are broken down by 2 geographic area the type of computer program and the manner in which specific sales information can be retrieved 3 RESPONSE 4 5 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous 6 overbroad in time place and scope Furthermore this interrogatory calls for information which seeks to invade the purview of the attorney privilege and doctrine of attorney product 7 INTERROGATORY NO 12 8 For each asbestos product identified in response to Interrogatory 4 state the gross sales 9 of said product in the State of Oregon between 1965 and 1980 ee 10 10 10 RESPONSE 1111 Kaiser Gypsum objects to this interrogatory on the grounds that it is burdensome 1212 harassing vague ambiguous overbroad and unintelligible as written Additionally this interrogatory 1313 seeks information regarding time periods when Kaiser Gypsum was either not in business was not 1414 selling to the State of Oregon and was not manufacturing containing products Thus this 1515 interrogatory is not reasonably calculated to lead to the discovery of admissible evidence Further 1616 Kaiser Gypsum responds that it does not possess complete information for Oregon sales for said years 17 17 INTERROGATORY NO 13 1818 For each asbestos product identified in response to Interrogatory No. 4 identify the entity from whom you purchased the asbestos for use in said product 1919 RESPONSE 2020 Kaiser Gypsum is informed and believes that the following at one time or another were its 2121 suppliers of chrysotile asbestos 2222 1 John K. Bice 2323 2 Harrison & Crosfield 2424 3. Carmonia Chemical Company 25 25 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 7 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 1 4 Philip Carey Corporation Carey Canadian Asbestos 52 5 Western Chemical Company 3 Manville 4 Union Carbide 5 8 E.S. Browning 6 9 Loomis Chemical Company 7 10 Benson Chemical 00 11. Paul W. Wood Manville 9 10 INTERROGATORY NO 14 n1e0 Identify the legal relationship between Kaiser Gypsum Corporation and Kaiser Cement 12 Corporation 12 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous . overbroad and unintelligible as written as there was no such entity as Gypsum Corporation : Furthermore this interrogatory is vague and ambiguous as to legal relationship and calls for legal 116 6 opinion beyond the scope of responding defendant's knowledge Without waiving said objections and | 17 as Kaiser Gypsum understands this question Kaiser Gypsum responds it was a : wholly 1818 subsidiary of Kaiser Cement Corporation 19 222222 INTERROGATORY NO 15 For each year between 1955 and 1975 identify the plant manager of your Seattle plant and . . NNN her four principal subordinates NNN RESPONSE 25 KAISER GYPSUM COMPANY INC.'S RESPONSES . TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR | PRODUCTION OF DOCUMENTS- 8 Williams & Kastner Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 MAZ 730 rinn rinn Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous and _ 2 overbroad Without waiving said objections Kaiser Gypsum responds that as of November 1 1970 3 the manager of the Kaiser Gypsum Seattle plant was M. Slavich At this juncture Kaiser Gypsum i 4 unable to discern who the plant manager's four principal subordinates would have been Thus 5 discovery is ongoing into this matter and Kaiser Gypsum reserves its right to supplement this response 6 should further information be discovered 7 INTERROGATORY NO 16 plant 8 For each year between 1955 and 1975 identify the and her four primary subordinates 9 manager of each of your Oregon plant RESPONSE 10 10 the Kaiser Gypsum objects to this interrogatory on grounds that it is vague ambiguous 1111 overbroad as to time place and scope Further this interrogatory is not reasonably calculated to lead 1212 plant to the discovery of admissible evidence as Kaiser Gypsum's Oregon 1313 never made the types of containing products at issue in this case Without waiving said objections Kaiser Gypsum 14 14 responds that as of November 1 1970 the manager of Kaiser Gypsum Oregon plant was J. Cassidy 1515 At this juncture Kaiser Gypsum is unable to discern who the plant manager's four principa 1616 subordinates would have been Thus discovery is ongoing into this matter and Kaiser Gypsun 1717 reserves its right to supplement this response should further information be discovered 1818 INTERROGATORY NO 17 1919 Identify all contracts and branding agreements between you and Corning Fibergla 2020 includingin your answer the date said contractwas entered into the terms of said contract and the date that said contract was in effect 2121 RESPONSE 2222 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous 2323 Gypsum and overbroad as to time place and scope Without waiving said objections Kaiser 2424 respond 2525 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 9 Williams & Kastner Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 | that it never had a contract and rebranding agreement with OwensCorning Fiberglas as to the 2 types of products at issue in this litigation 3 INTERROGATORY NO 18 | - 4 For each of the following individuals namedin Documents PLTF 001 PLTF 1384 state - please a the individual's full name deceased 5 b whether they are alive or telephone c their current address and 6 current address their last known address number or if you do not know these individuals what d position they heldin your company 7 e whether they are currently employed by you 8 R.L.Allgood R.L.Allgood L. Beck L.M. Bryan C.E.J.W. Blewett C.E. Caprye R.C. Crowle G.J. G.J. Chavalas D.R. Canham J.D. J.D. Cassidy J.D. Chambers P.D. P.D. Crelman | H.C. H.C. Dupuis David G.C. G.C. Dicks | N.D. N.D. L.R. Flicker H.C.Franklin P.J. . P.T. P.J. Framlom | J.W. Glweitt R.W. R.W. R.W. Grigg C.R. Grimme J.M. Garoutte | R.W D.H. Homan D.H.J.P. Hughes P.A. Hawkins W.D. Hopper R.J. Hoffman W.D.R.L. Jones JamesJames B. Kirk W.D.R.L.R.L. Murh J.F. Modaff Richard Madden William McKinnon B.J. Murphy P.D. Orleman KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 10 . Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 1 2 3 FF 5 Mike Slavich F.H. Schaper 6 T.V. Smith E.M. Schaper 7 E.W. Schaper S. Steffens 8 J. Schlenner J.H. Scheahan 9 A.J. Trommershausan W.L. Traub 10 10 S.R. Witt R.J. Wibor 11 11 H.L. Weightman J.I. Walker 1212 J.H. Walton V. Whitecage 1313 RESPONSE 1414 ambiguous Kaiser Gypsum objects to this interrogatory on the grounds that it is vague 1515 overbroad burdensome oppressive and violative of said employees rights to privacy Given the fact 16 16 that Kaiser Gypsum has not manufactured a product since 1978 there is no one currently employed who 1717 is able to identify the full names of said individuals their names and addresses any positions which 18 18 they may have held or whether they are living or dead Additionally Kaiser Gypsum objects to this 1919 interrogatory on the grounds that it is not reasonably calculated to lead to the discovery of admissible 2020 evidence See response to Interrogatory No. 19 2121 2222 INTERROGATORY NO 19 2323 For each individual identified in Interrogatory 18 state whether that person has ever been 2424 deposed in asbestos litigation and identify the case jurisdiction cause number and the attorneys who represented the defendant and plaintiff at said deposition 2525 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF ; INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 11 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 1 RESPONSE 2 Kaiser Gypsum incorporates its response to Interrogatory No. 18 as though fully set forth herein | 3 Without waiving said objections Kaiser Gypsum responds that W.L. McKinnon former research 4 engineer was deposed on August 2 1984 in the following case Robert Butts v Kaiser Gypsum C. S Company Inc. et al Contra Costa Superior Court No. 251401 Harlan Dupuis former manager [- 6 of research and development was deposed on April 16 1985 in the following case | Kathryn Maksim 7 v USG et al San Francisco County Superior Court Case No. 768674 Thomas V. Smith former | 8 technical advisor for accessory products was deposed on March 11 1992 in the following case 9 Michael Richie et al v Raybestos Manhattan et al San Francisco Superior Court No. 933324 ; 1010 Richard C. Crowle former merchandising manager was deposed on July 26 1995 in the following | | 11 case Central Weslyn College v W.R. Grace et al U.S. District Court District of South Carolina 1212 : Charleston Division Civil Action No. 87-1860-8 The attorneys who represented the various pa ; | 13 at those depositions are identified in the transcripts 14 INTERROGATORY NO 20 1515 Your attention is directed to documents PLTF 0001 to PLTF 1384 that were served upon your 16 counsel by the undersigned in the Winter of 1998. If you contend that any of the foregoing documents ; is not genuine set forth the factual and legal basis for your contention 1717 RESPONSE Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous overbroad and unduly burdensome Without waiving said objections Kaiser Gypsum responds that : as to those documents authored by or directed to Kaiser Gypsum Kaiser Gypsum does not contest their genuineness However Kaiser Gypsum is unable to attest to the genuineness of any document not authored or directed to Kaiser Gypsum including but not limited to the following documents PLTF 0001 through PLTF 0003 PLTF 0366 to PLTF 0372. Additionally Kaiser Gypsum cannot attest to | the genuineness of any document referring to Permanente Cement Kaiser Cement and Gypsum Company or Kaiser Cement Corporation :| KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS PLAINTIFS PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 12 . Williams Kastner & Gibbs PLLC 4100 | Two Union Square Suite Mail Address P.O. Box 21926 Seattle Washington 98111-3926 1 INTERROGATORY NO 21 2 Identify every person who supplied information to answer these Interrogatories including in your 3 answer the specific interrogatory for which each person supplied information 4 RESPONSE 5 As previous stated above Kaiser Gypsum ceased all marketing activities in 1978 thunso one 6 person associated with Kaiser Gypsum provided information for a specific interrogatory herein The 7 information provided in response to the interrogatories comes from a collection of information gathered 8 throughout the years from various different sources 9 10 11 REQUEST FOR PRODUCTION 112 2 1 13 Produce all documents in your possession that were generated before 1978 and refer or relate to any human health hazard associated with asbestos including but not limited to memoranda letters journal articles or notes 114 4 RESPONSE 1515 116 6 Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad and 117 7 not limited in time scope or location Furthermore this request is burdensome and oppressive and 118 8 assumes that Kaiser Gypsum possesses such documents Without waiving objections Kaiser Gypsum refers plaintiff to documents PLTF 0001 to PLTF 1384 which were served upon responding defendant's 19 counsel in the Winter of 1998 2 Produce minutes of all meetings of your Board of Directors held between 1950 and 1980 that refer or relate to your containing products RESPONSE KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 13 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 08111.3076 Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad and not reasonably limited in time scope or location Furthermore this request is violative of Kaiser Gypsum's right to privacy as a privately held corporation and seeks information which is proprietary in nature Additionally this request is vague and ambiguous as to refer or relate to Without minutes waiving objections Kaiser Gypsum responds as it understands the request that none of the ; of its Board of Directors meetings refer or relate to its containing products 83 Produce for inspection and copying original copies of all documents used to promote the sale of any product identified in response to Interrogatory 4 including but not limited to catalogues magazine advertisements product lists photographs technical specifications and flyers RESPONSE Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbra unduly burdensome and harassing Furthermore this request is not limited in time or scope and thus seeks information which is not reasonably calculated to lead to the discovery of admissible evidence Without waiving objections Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384 : which were erved upon responding defendant's counsel in the Winter of 1998 provided any 4 Produce all manuals specifications and instructions that you to the customers of containing products sold by you between 1965 and 1978 RESPONSE Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad unduly burdensome and harassing Furthermore this request is not limited in time or scope and thus seeks information which is not reasonably calculated to lead to the discovery of admissible evidence Moreover plaintiff has testified that he did not pay attention to or read any literature regarding any products used by other trades Thus this interrogatory is not reasonably calculated to lead he KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR . PRODUCTION OF DOCUMENTS - 14 Williams & Kastner Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 discovery of admissible evidence Without waiving objections Kaiser Gypsum refers plaintiffs to 2 documents PLTF 0001 to PLTF 1384 which were served upon responding defendant's counsel in the 3 Winter of 1998 4 55 6 7 Produce all documents that refer or relate to your decision to stop manufacturing asbestos- containing products including but not limited to board minutes technical and safety advisories and unprivileged legal opinions RESPONSE 8 Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad 9 unduly burdensome and harassing Furthermore this request is not limited in ume or scope and thus 10 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence 11 Without waiving objections Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384 12 which were served upon responding defendant's counsel in the Winter of 1998 13 14 6 15 Produce for inspection and copying original photographs of all products identified in response to Interrogatory 4 in their packaged form 16 17 18 RESPONSE 19 Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad 20 unduly burdensome and harassing Furthermore this request is not limited in time or scope and thus 21 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence 222 Without waiving objections Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384 222 which were served upon responding defendant's counsel in the Winter of 1998 24 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS- 15 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 1 7. 2 Produce deposition or trial transcripts of any individual identified in Interrogatory Interrogatory 18 in any asbestos litigation 3 RESPONSE 4 Kaiser Gypsum would be willing to produce any deposition or trial transcripts of any individuals 5 identified in its response to Interrogatory 18 at a mutually convenient location at the expense of 6 propounding party 7 8 INTERROGATORIES AND REQUESTS FOR PRODUCTION SUBMITTED this 14th day of 9 May 1998 | 10 WEINSTEIN & BERGMAN 11 12 Matthew P. Bergman WSBA 20894 M 1313 14 14 15 1616 1717 1818 1919 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS- 16 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT KAISER GYPSUM COMPANY INC VERIFICATION I am an authorized representative of Kaiser Gypsum Company Inc. and am authorized to make this affidavit on its behalf I have read the foregoing responses to interrogatories and requests for production and believe the responses to be correct jerag By jerag jerag jerag jerag jerag 24 SUBSCRIBED AND SWORN TO before me on the 24 August August day August Marie Stiane Stiane Hayes Co jonnia Notary Public in and for the residing at Contra jonnia State of Co Co Countex jonnia My commission expires May 29 2002 1998 ra % DIANE MARIE HAYES COMM # 1185147 > NOTARY PUBLICCALIFORNIA ( CONTRA COSTA COUNTY Q COMM EXP MAY 29 2002 + aa as ~ 23 24 24 25 25 Sylvin W. Pickner and Evelyn I. Pickner v Owens Corning et al King County Washington Case No. 98-2-09390-1 SEA EXHIBIT A + Gypsum As of October 1953 the following were directors of Kaiser Company Inc HenryHenryHenryHenry J. Kaiser S. Corey H. Heller V. McEachern E. Trefethen Jr. Shea Shea CoreyW. Morrison MarksMarks W.A. Marsh C. R. Olsen Paul S. Marrin C. E. Harper Paul E. Rogers Bryce Simpson Chad F. Calhoun As of September 1954 the following were directors of Kaiser Gypsum Company Inc HenryHenry J. Kaiser E.E. E. Trefethen Jr. H.H. W. Morrison G.G. J. Shea D. V. McEachern E. H. Heller A. Christensen W. Marks Alan Christensen W. A. Marsh Coral R. Olsen Peter S. Hass C. E. Harper Paul E. Rogers Bryce Simpson Chad F. Calhoun Paul Marrin S2-585585.1 S2-585585.1 As of October 1955 the following were directors of Kaiser Gypsum Company Inc oo A. Christensen G. J. Shea E. H. Heller D. V. McEachern E. E. Trefethen Jr. Henry J. Kaiser W. Marks Claude E. Harper W. A. Marsh Paul Rogers Bryce Simpson Chad F. Calhoun Paul S. Marrin As of November 1956 the following were directors of Kaiser Gypsum Company Inc E. H. Heller Edgar F. Kaiser Henry J. Kaiser W. A. Marsh D. V. McEachern G. J. Shea E. E. Trefethen Jr. W. Marks A. D. Christensen H. W. Morrison Claude E. Harper W. A. Marsh Carl Olsen V. Cole Paul Rogers Bryce Simpson Paul S. Marrin Chad F. Calhoun S2-585585.1 As of October 1957 the following were directors of Kaiser Gypsum Company Inc E. H. Heller Henry J. Kaiser Edgar F. Kaiser W. A. Marsh D. V. McEachern H. W. Morrison G. J. Shea E. E. Trefethen Jr. William Marks Claude E. Harper V. Cole R. Costa Carl R. Olsen W. A. Marsh Edgar F. Kaiser Paul E. Rogers Paul S. Marrin Chad F. Calhoun Bryce Simpson As of August 1958 the following were directors of Kaiser Gypsum Company Inc E. E. Trefethen Jr. A. Christensen Henry J. Kaiser Edgar F. Kaiser William Marks Carl R. Olsen W. A. Marsh Edgar F. Kaiser Paul E. Rogers Paul S. Marrin Chad F. Calhoun Claude E. Harper S2-585585.1 Bryce Simpson R. A. Costa As of December 1959 the following were directors of Kaiser Gypsum Company Inc A. Christensen E. H. Heller W. A. Marsh H. W. Morrison G. J. Shea E. E. Trefethen Jr. Henry J. Kaiser Edgar F. Kaiser D. V. McEachern William Marks W. A. Marsh William Marks Chad F. Calhoun Robert Costa Claude E. Harper Paul S. Marrin - Carl Olsen Paul Rogers Bryce Simpson As of December 1960 the following were directors of Kaiser Gypsum Company Inc A. Christensen E. H. Heller Henry J. Kaiser Edgar F. Kaiser William Marks W. Marsh H. W. Morrison G. J. Shea E. E. Trefethen Jr. Chad F. Calhoun Robert Costa Claude Harper Paul S. Marrin Carl Olsen S2-585585.1 Paul Rogers Bryce Simpson As of November 1961 the following were directors of Kaiser Gypsum Company Inc A. Christensen William Marks W. Marsh H. W. Morrison G. J. Shea E. E. Trefethen Jr. E. H. Heller Henry K. Kaiser Edgar F. Kaiser W. A. Marsh John Bosche Chad F. Calhoun R. A. Costa J. J. Hague Claude E. Harper Paul S. Marrin Carl Olsen E. F. Schaper Bryce Simpson As of December 1962 the following were directors of Kaiser Gypsum Company Inc A. Christensen Peter S. Hass Edgar F. Kaiser William Marks Wallace Marsh H. W. Morrison E. E. Trefethen Jr. Henry J. Kaiser G. J. Shea W. A. Marsh William Marks John Bosche Chad F. Calhoun R. A. Costa S2-585585.1 J. J. Hague Claude E. Harper Carl Olsen E. H. Schaper Bryce Simpson As of December 1963 the following were directors of Kaiser Gypsum Company Inc A. Christensen Peter S. Hass Henry J. Kaiser William Marks W. Marsh _ H. W. Morrison G. J. Shea E. E. Trefethen Jr. Edgar F. Kaiser W. A. Marsh William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Claude E. Harper Carl Olsen E. H. Schaper Bryce Simpson As of December 1964 the following were directors of Kaiser Gypsum Company Inc A. Christensen Claude E. Harper . Peter S. Hass William Marks Paul S. Marrin Gilbert Shea E. E. Trefethen Jr. H. W. Morrison Edgar F. Kaiser Henry J. Kaiser S2-585585.1 D. A. Rhoades J. A. Bosche K. A. Conningham R. A. Costa J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1965 the followingfolowing were directors of Kaiser Gypsum Company Inc A. Christensen Peter S. Hass Claude E. Harper Edgar F. Kaiser Henry J. Kaiser William Marks Paul S. Marrin Lloyd L. Mazzera D. A. Rhoades Gilbert Shea E. E. Trefethen Jr. Henry J. Kaiser H. W. Morrison William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1966 the following were directors of Kaiser Gypsum Company Inc J. B. Bonny A. Christensen Claude E. Harper Peter S. Hass Edgar F. Kaiser Henry J. Kaiser S2-585585.S2-5185 85.1 William Marks Paul S. Marrin Lloyd L. Mazzera D. A. Rhoades G. J. Shea E. E. Trefethen Jr. William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1967 the following were directors of Kaiser Gypsum Company Inc J. B. Bonny A. Christensen Claude E. Harper Peter S. Hass William Marks Paul S. Marrin Lloyd L. Mazzera D. A. Rhoades G. J. Shea E. E. Trefethen Jr. Edgar F. Kaiser William Marks John H. Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1968 the following were directors of Kaiser Gypsum Company Inc A. D. Christensen Claude Harper 2-585585.1 Peter Hass Lloyd Mazzera D. A. Rhoades J. B. Bonny G. J. Shea John F. Shea E. E. Trefethen Jr. John Bosche K. A. Conningham R. A. Costa J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1969 the following were directors of Kaiser Gypsum Company Inc J. B. Bonny Claude Harper Peter Hass William Marks Lloyd Mazzera D. A. Rhoades E. E. Trefethen Jr. ' A. D. Christensen Edgar F. Kaiser Gilbert Shea John Shea John Bosche K. A. Conningham R. A. Costa R. A. Crowle Paul J. Franklin J. J. Hague E. H. Schaper Bryce Simpson As of December 1970 the following were directors of Kaiser Gypsum Company Inc Edgar F. Kaiser E. E. Trefethen Jr. S2-585585.1 Peter Hass John Bosche K. A. Conningham Robert Costa R. C. Crowle P. J. Franklin J. J. Hague E. H. Schaper Bryce Simpson R. G. Hohnsben J. B. Bonny A. D. Christensen Claude Harper Peter Hass Edgar F. Kaiser William Marks Lloyd Mazzera D. A. Rhoades John Shea E. E. Trefethen Jr. As of December 1971 the following were directors of Kaiser Gypsum Company Inc . J. B. Bonny Alan Christensen Claude Harper Peter Hass Edgar Kaiser William Marks D. A. Rhoades John Shea E. E. Trefethen Jr. John Bosche K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman P. J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James K. Parker 02-585585.1 -10- James C. Reilly E. H. Schaper Bryce Simpson As of December 1972 the following were officers directors of Kaiser Gypsum Company Inc Garfield O. Anderson J. B. Bonny Alan Christensen Peter Hass Claude Harper _ Edgar Kaiser William Marks Walter E. Ousterman Jr. James Reilly D. A. Rhoades John Shea Alfred Yee E. E. Trefethen Jr. John Bosche K. A. Conningham _ Robert Costa Richard Crowle C. W. Eshelman Paul Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James Parker E. H. Schaper . As of December 1973 the following were directors of Kaiser Gypsum Company Inc Garfield Anderson Alan Christensen Claude Harper Peter Hass Edgar Kaiser Walter Ousterman James Reilly John Shea S2-585585.1 -11- E. E. Trefethen Jr. William M. Witter Alfred A. Yee John Bosche A. B. Brown Jr. K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman Paul J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James Parker E. H. Schaper As of December 1974 the following were directors of Kaiser Gypsum Company Inc Garfield Anderson G. J. Chavalas Alan Christensen ~~ Robert Costa Peter Hass Walter Ousterman James Reilly William R. Roesch John Shea . E. E. Trefethen Jr. William Witter Edgar Kaiser Alfred Yee John Bosche A. B. Brown D. R. Canham Robert Costa R. C. Crowle P. J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James K. Parker E. H. Schaper S2-585585.1 -12- As of December 1975 the following were directors of Kaiser Gypsum Company Inc Edgar Kaiser E. E. Trefethen Jr. Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman James Reilly William R. Roche John Shea William M. Witter Alfred Yee A. B. Brown Jr. T. P. Heffelfinger D. W. Henning R. G. Hohnsben D. B. Hunn J. G. Nelson W. E. Ousterman. J. K. Parker J. C. Reilly Genevive Robbins P. T. Smith J. As of December 1976 the following were directors of Kaiser Gypsum Company Inc Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman James Reilly William Roche John Shea E. E. Trefethen Jr. William Witter Alfred Yee Edgar Kaiser S2-585585.1 -13- PRIVILEGED AND CONFIDENTIAL INFORMATION This document contains personal information obtained from personnel files of former employees of Kaiser Gypsum Company Inc. Kaiser Gypsum Such information may be protected by the privacy laws of various states and is only being disclosed because its disclosure has been ordered by the Honorable Robert Lasnik for use in the referenced lawsuit Any further use or dissemination of the below personal information outside of the purposes of the referenced lawsuit has not been authorized by the Honorable Robert Lasnik Accordingly any person who uses or disseminates the below personal information beyond the purposes and needs of the referenced lawsuit does so at his or her exclusive peril and with the knowledge and understanding that such use or dissemination may subject them to personal liability in the event any such former employee brings a claim or lawsuit for the breach of their privacy rights RE Sylvin Pickner v Kaiser Gypsum . King County Superior Court Washington No. 98-2-09390-1SEA Plaintiff's Interrogatory No. Names and Addresses of Purported Employees R.L. Allgood Robert Allgood former plant manager Antioch Jiri Y L. Beck Leroy Beck former senior buyer L.M. Bryan Leon Bryan manager advertising Jie, Blewett J.W. Blewett John Blewett former manager of manufactured products C.E. Caprye Charles Caprye former plant manager Seattle ne R.C. Crowle Richard Crowle former vice president of merchandising ly G.J. Chavalas Gus Chavalas deceased S2-600030.1 -1- CONFIDENTIAL INFORMATION DO NOT DISCLOSE OR USE WITHOUT READING THE DISCLOSURE AT THE BEGINNING OF THIS DOCUMENT D.R. Canham Dean Canham Kaiser Cement sales and marketing ' J.D. Cassidy John Cassidy deceased J.D. Chambers Unknown P.D. Crelman Unknown H.C. Dupuis Harlan Dupuis manager research and development ay. G.C. Davis Kaiser Cement regional sales N.D. Dicks Norman Dicks Seattle operations L.R. Flicker Leonard Flicker deceased P.J. Franklin Paul Franklin vice president manufacturing _ ney. P.T. Framlom Unknown J.W. Glweitt Unknown 3 an ^' R.W. R.W. Grigg Ralph Grigg deceased C.R. C.R. Grimme Conley Grimme Kaiser Cement J.M. Garoutte Former Kaiser Cement plant superintendent deceased D.H. D.H. Homan Don Homon purchasing, J.P. Hughes Unknown P.A. Hawkins Peter Hawkins former Kaiser Cement manager po W.D. Hopper William Hooper Kaiser Cement __ 52-600030.1 -2- CONFIDENTIAL INFORMATION DO NOT DISCLOSE OR USE WITHOUT READING THE DISCLOSURE AT THE BEGINNING OF THIS DOCUMENT R.J. Hoffman Ralph Hoffman position unknown 4 R.L. Jones Robert Jones Kaiser , Cement superintendent . G. James George James former plant J.B. Kirk Unknown i R.L. Murh Unknown J.F. Modaff James Modaff former plant manager Delanco deceased Richard Madsen Former director of advertising iy William McKinnon Former senior research engineer K B.J. Murphy Bob Murphy former vice president of sales 752 752 P.D. Orleman Deceased J.W. Post James Post former manager of process engineering ar G.M. Perry Unknown J.K. Parker James Parker {SS ssS s seeI n annanED J.C. Reilly James Reilly executive vice president of administration and finance Kaiser Cement deceased C.F. Radier Unknown E.N. Reddick Unknown J.P. Rohrer John P. Rohrer former vice president of marketing Kaiser Cement iy S2-600030.1 -3- CONFIDENTIAL INFORMATION DO NOT DISCLOSE OR USE WITHOUT READING THE DISCLOSURE AT THE BEGINNING OF THIS DOCUMENT Al Rafaelli Former senior research chemist ee SS Mike Slavich Former plant manager Seattle deceased F.H. Schaper Unknown T.V. Smith Thomas Smith former supervisor of accessory research Antioch 7 E.M. Schaper Unknown E.W. Schaper Unknown S. Steffens Stanley Steffens position unknown 55 J. Schlenner John Schlenner position unknown 7 J.H. Scheahan Unknown A.J. Trommershausan Unknown W.L. Traub William Traub office manager Antioch _ S.R. Witt Samuel Witt deceased . Wiborn Antioch hy R.J. Wiborn Richard Wiborn former safety and industrial director H.L. Weightman Howard Weightman deceased J.I. Walker Deceased J.H. Walton Joseph Walton former director of personnel and safety Kaiser Cement V. Whitecage Vincent Whitecage former buyer Jacksonville 7 _s S2-600030.1 -4- CONFIDENTIAL INFORMATION DO NOT DISCLOSE OR USE WITHOUT READING THE DISCLOSURE AT THI BEGINNING OF THIS DOCUMENT 530 Kaiser Cement & Gypsum Corporation GYPSUM DIVISION ORGANIZATIONAL CHARTS November 1 1970 11589 KAISEE fl PLAINTIFF'S _ EXHIBIT 3 TAKENS HOBBY HOBBY 11-4-98 11-4-98 PLTF 0238 MANAGEMENT GYPSUM DIVISION ~) EXECUTIVE ASSISTANT C. H. Eshelman VICE PRESIDENT & GENERAL MANAGER R. Costa EXECUTIVE ASSISTANT H. R. Orzech GROUP MANAGER HALLBOARD ACCESSORIES METAL PRODUCTS J. H. Blewett VICE PRESIDENT & CONTROLLER D. H. Simpson FINANCIAL ANALYST G. E. Herbert GENERAL TRAFFIC & DISTRIBUTION MANAGER L. D. Olsen VICE PRESIDENT SALES J. Hague VICE PRESIDENPRETSIDENT MERCHANDISIMERNCHANDGISING R. C. Crowle MANAGER RESEARCH & DEVELOPMENT 1. Dupuis VICE PRESIDENT OPERATIONS C.C. II . Schaper SchaSpceharper VICE PRESIDENT & MANAGER GENERAL MANAGER C.I.K.S.A./2.0.M.S.A ee A. Chavez PLTF VICE PRESIDENT MANUFACTURING MANUFACTURING 0240 J. Franklin (OQ _ SALES VICE PRESIDENT SALES J. Hague ADMINISTRATION ASSISTANT F. F. Potts Potts SALES ADMINISTRAATDIMOINNISTRATION R. Laidlaw 2 Assistants REGIONAL SALES MANAGER SH PACIFIC T. Donovan SALES MANAGER MEXICO Condey SALES MANAGER G. Brown SALES MANAGER J. Asimos SALES MANAGER A. Olson REGIONAL SALES MANAGER NH PACIFIC A. Alessandri SALES MANAGER G. Thomas SALES MANAGER C. Watson SALES MANAGER H. Torgeson SALES MANAGER B. Crosby REGIONAL SALES MANAGER EAST J. Watson SALES MANAGER R. James SALES MANAGER E. Millis Millis SALES MANAGER J. Kelly ASSISTANT SALES MANAGER B. Boltz AREA MANAGER D. McClellan AREA MANAGER R. Sullivan PLTF PLTF 024 ~-# MERCHANDISING VICE PRESIDENT MERCHANDISING R. C. Crowle n e poorer ! SALES SALES ADMINISTRATION R. J. Laidlaw 2 Assistants DIREDICRETCTOORR , ADVERTISING & SALES PROMOTION R. A. Madsen DIRECTOR , TECHNICAL SERVICE W. J. Marshall STAFF DRAFTSMAN PRODUCT MANAGER PRODUCT MANAGER PRODUCT MANAGER PARTITIONS & SYSTEMS FABRICATED METAL INSULATING & & WBA ACOUSTICAL PRODUCTS PLTF J. D. Hodges C. Durant E. K. Denning 0242 CONTROLLER VICE PRESIDENT & CONTROLLER B. W. Simpson INSURANCE COST ACCOUNTING ACCOUNTING MANAGERMANAGER PROPERTY TAXES COST ACCOUNTANTS ACCOUNTANTS COST ANALYST R. Hussog ROSARIO AITFUCH ACCESSORIES L. Asuncion LONG BEACH H. Mendoza SEATTLE & PHOENIX WAREHOUSE 1. Tendro ANTIOCH A. Hammer SANTA ANA PICO RIVERA & HAWAII F. Solanay SEATTLE ACCESSORIES JACKSONVILLE & DELANCO FACCESSORIES & METAL T. McKenzie SAN LEANDRO & REWOOD REWOOD CITY E. Hahn ST HELENS to DELANCO J. San Pascual JACKSONVILLE & SAN JUSE WAREHOUSE J. Man ooo OPERATIONS VICE PRESIDENPRETSIDENT OPERATIONS E. Schaper INDUSTRIAL INDUSTRIAL INDUSTRIAL ALLATIONS ALATIONS A. Hibera Derosses & QUARRIES N. Hallowsy Hallowsy PUEBLA MELICO PLANE 6. Casara + SAN MARCOS 1SLAKU STPUUM STPU M CARRIER INC A. Chaves A. Nicol . VICE PRESIDENT PRESIDENT MAMONTURING MAMONTURING 7. Framblia 2xxx LiPSUM MAXI P. UrimaA 61752M PAPEPAPER R PLANT 2. Flannigan DELANCO DELANCOGEPSUM GEGEPPSUMSUM PLPALNATNT C. Capria ROSARIO GIPSOS FLANTFLANT R. Alguud 10NG BLAEN GEPSUM GEPSUM GEPSUM PLANT S. Viti JACKSONVILLE GYPSUM PLANT J. Modafi INSULATING INSULATING PLANT PROCULK IS 3. Cantley SEATTLE GIPSUM PLANT PLANT R. Slavich PICO RIVERA NCIAL PLANT 6. Schaller MAILAND MAILAND ACCESSuits Pant 6. JIMI eu CCLELGADO 4088330816 WACTURING 4088330816 4088330816 3365 & 04isitors 044isitors 04 isitors f METAL MANOCTURING MANOCTURING MANOCTURING MANOCTURING AC ES UMESACESUMES AC ES UMES ACCESSUMES ACCESSUMES MANUFACTURing MANUFACTURing STSTINS & PARTITIONS SYSTEMS & PARITIONS HIN MANUFACTURING MANUFACTURINGMANUFACTURING KALL BOARD ACCESsualES ACTUA SYSTEMS & PARISSIONS PARISSIONS MAACICLESBSOOARRIDES ACTURING PLTF 024 > [OD ee Ez Ie a3 | < a o To COPIES KAISE KAISE GYPSUM COMPANY .C 1152 R.L. C.E. J.D. J.D. Allgood Caprye Cassidy Chambers N.D. Dicks D.H. Homan J.F. Modaff P.D. Orleman OFFICE MEMORANDUM W.L. Traub J.H. Walton ; R.J. Wibora S.R. Witt DATE FROM AT CC P.J. Franklin G.B. Kirk J.C. Reilly ROG Schener 4 SUBJECT March 1 1965 L.R. Flicker KC 2482 Health Hazards --"-- --" | i The attached material has Gypsum Association and is formfaotrimaotnionformation . been received presented for from your the in- In connection with protection against asbestos dust it is advised to use a respirator witha filter especially designed for asbestos dust PLAINTIFF'S | TASIES EXHIBIT 7 HOBBY HOBBY 11-4-98 11-4-98 PLTF 0502 * 02/13/01 09:44 09:44 KMESA 14104482368 NO.072 NO.072 P002 021 BSA Page 1 LIT G 4 FALVIR LIER TETON vecawrene eS TETON tee k1 . A. 121 761 V aTLeLae zaupku - Natalia Natalia 19 PRbOy MARTIE SE S^ ' ro -- Wn-2 IL SE GA 114 ---- tH VIHEISTAVEY PERRITO or Meveebed 0 pane W fas mpm Pickner vs. Corning Joseph Ross Hobby 13 Cobilefna15s babb a My r^sa r^saPERMPLASAT PERMPLASAT Diko terbar in Trn 14 babb jaarskap jaarskap jaarskap in AGH as 341 THE K Trn Trn game^ worsen n^'e dykami LY 24 17 LY LY MEMBER MEMBER OF Sam pitam adinaja M~ kapan 'm by tir n oyle Mammady She mapan Mammady as barnsmalou una pitammadinaja pitammadinaja furah pitammadinaja pitammadinaja pitammadinaja M~ kapan eA 1431 ) joa] OF SEVES | barnsmalou OF Penmem, dueke 2. Sands Praha PEL 104 sad by MATEO V. 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Y. val val val of the 1341 37 7301 Per Per 44T1 coo +381+381 Z3 173 JQ 1351 Page 7 321 WHEREUPON PLAINTIFF'S EXHIBITS 1 THROUGH 13 a WERE MARKED FOR IDENTIFICATION 3 THE VIDEOGRAPHER Ladies and gentlemen we 4 are on the video record on November 4 1998 And the time 5 is 9:39 a.m. I'm Steve Leftwich a certified notary public 6 for the County of San Mateo representing Tooker & Antz 818 7 Mission Street 5th Floor San Francisco California 94103 B Telephone area code 415-392-0650 9 This is the beginning of Videotape 1 Volume | 10 in the case of Sylvin W. Pickner and Evelyn , Pickner 11 versus Owens Coming et al in the Superior Court of 12 Washington for King County Case No. 98-2-09390-1 SEA for 13 the deposition of Joseph Hobby 14 The deposition is located at the offices of 15 Jackson & Wallace 580 California Street San Francisco 16 California noticed by attorneys for plaintiff and the 17 videotape is produced by plaintiff 28 Counsel would you please identify yourselves 19 and your clients 20 MR BERGMAN Matthew Bergman for the 2 plaintiff EZ MS JACKSON Gabriel Jackson for Kaiser 33 Gypsum 34 MS STEELE Katherine Steele for E.J. 25 Bartells 124 *** 177 Page 5 -1+ req O07 eeay, 14 day w J mem ane * - Sevemmay bbe, wemmenecom IS ime -- as are 5 0ja95 SRE, 11/0 11/0 Lar ORFECER I = want we Page 8 3 MR CLARK Paul Clark for W.R. Grace 2 MR PETTY This is Ken Petty on the 3 telephone Washington counsel for Tooker & Antz 415 392-0650 11/4/98 AMBRE) Kaiser Gypsum in the 4 Pickner cast S THE VIDEOGRAPHER The reporter may swear in 6 the deponent 7 B JOSEPH R. HOBBY 20 testified as follows 2 EXAMINATION BY MR BERGMAN 22 MR BERGMAN Q. Cad you please state your 23 full name for record sir 14 15 16 17 A. Joseph Ross Hobby Q. And where do you live A. live Danville California 0 And what is your current position 130 Q. And how long have you held that position sir 21 A. Q. Approximately five years Sir I'm handing you what has been marked as 23 Plaintiff's Exhibit1 which is the Notice of Deposition in 28 this case and ask you to look at it please and 1 have a 25 few questions to ask you regarding this notice Page 9 1 This is a 30 deposition on various 2 topics relating to this case And I want to go through 3 those topics with you briefly this moming The first 4 topic and that's toward the bottom of Page 1 is Kaiser 5 Gypsum's corporate history organization and governance 6 between 1957 and 1977. Are you the witness that Kaiser 7 Gypsum has designated to speak for the company on that a topic 9 A. Yes 20 Q. And second topic sir is Kaiser Gypsum's 11 relationship with Kaiser Cement Are you the witness that 1 has been designated to speak for Kaiser Gypsum on that 13 topic 13 A. Yes 25 Q. The third topic sir is containing 16 joint compounds manufactured by Kaiser Gypsum and intended 17 application of those products Are you the witness who 18 going to speak for Kaiser Gypsum on that subject matter 29 A. Yes 20 Q. The fourth topic is Kaiser Gypsum's knowledge 21 of the dangers associated with asbestos Are you the 22 individual who Kaiser Gypsum has designated to speak for the 23 company on that subject matter 24 A. Yes 25 Q. Gypsum The fifth topic is sales of Kaiser Page 10 a joint compounds in the Portland and Vancouver area Are you 2 that subject matter the witness on 3 A. Yes Page i to Page 10 05/20/00 13:24 RX NO.0435 P.002 02/13/01 09:44 KMESA 14104492369 | NO.072 P003 s BSA Pickner 17 Q. Finally our next the sixth item is Kaiser 5 Gypsum's answers to the interrogatories that plaintiffs 5 propounded in this case Are you the witness on that 7 subject matter sir 3 A. Yes 15 Q. The seventh topic is the involvement of Kaiser 10 Gypsum Company with the Gypsum Association Are you the { :: witness that Kaiser Gypsum has designated on that subject 2 matter 13 A. Yes ; 04 Q. The eighth topic is Kaiser Gypsum's business 15 dealings with Owens Corning Fiberglas Corporation Are you i the witness who Kaiser Gypsum has designated to speak for 17 the company on that subject matter 18 A. Yes 25 Q. The ninth topic is Kaiser Gypsum's document 20 retention policies Are you the designated witness on that 2 matter 128 A. Yes Q. And finally the tenth topic is certain 24 documentthast are listed in the Notice of Deposition 5 Exhibit 1. Are you the witness who is designated on those Page 11 vs. Corning Joseph Ross Hobby a ( party to this ( litigation and your inquiry is inappropriate in that regard 5 Kaiser Gypsum is the party Kaiser Cement not 5 MR BERGMAN Q. You can answer the question 7 sir B 5 A. Would you repeat the question Q. Yes would Can describe the corporate 0 relationship between Kaiser Gypsum and Kaiser Cement between 11 the years of 1965 and 1975 12 A. Yes 13 Q. please Would you do that for me 24 A. Kaiser Gypsum Company Inc. is a owned 15 subsidiary of Kaiser Cement Corporation 15 Q. And how was it that Kaiser | Gypsum came to be 17 incorporated in the State of Washington 15 A. don't know 15 Q. Do you know when Kaiser Gypsum was associated - 20 in the State of Washington 23 A. Yes incorporated 22 23 Q. And when was that sir A. 1952 | 24 Q. Was between the years of 1965 and 1975 what 25 was the division of products manufactured by Kaiser Gypsum 11/4/98 XMAX 1 MS JACKSON Same objection ane tae THE WITNESS To the best of my knowledge they 5 were located in the Kaiser Center in Oakland California 4 MR BERGMAN Q. Did Kaiser Cement and Kaiser 5 Gypsum Company have separate accounting departments 5 A. To the best of my knowledge yes 71 Q. And did Kaiser Gypsum and Kaiser Cement have e separate management you 191 MS JACKSON Can just object Counsel 10 Perhaps if you ask a little corporate history as a preamble 11 there might be some confusion over the names At one point 12 the Kaiser Cement name included Gypsum in its title It 1 would be a little more clear for the witness to have that 14 history first 35 MR BERGMAN Q. Could you provide us with 16 was there a time sir when Kaiser Gypsum and Kaiser Cement 17 had the same name in their title 18 A. There was a time when the corporate entity was 29 called Kaiser Cement & Gypsum Corporation 20 Q. And was Kaiser Cement & Gypsum was Kaiser 21 Cement & 2 subject matters E A. Yes 12 Q. Thank you sir 4 MS JACKSON Counsel I'm going to interrupt 5 you just for a moment To the extent that we have 6 objections to the various topics I'm going to wait until you 7 hit the topics before making objections all right ; ii MR BERGMAN I understand Counsel if) Q. I'm handing you now Exhibit2 which will 20 represent to you is Kaiser Gypsum's Responses to Plaintiff's 11 Interrogatories and Requests for Admissions in this case ( and I'd ask you first of all to turn to the tabbed page 3 which the signature page And that is Page 15 Is that i332 your signature sir 25 A. Yes 24 Q. And did you review these interrogatories on :) behalf of Kaiser Gypsum prior to their submission to a plaintiffs tor A. Yes a0 Q. Iake to ask you then some general :: questions first of all on the corporate structure and :) organization of first question Kaiser Gypsum The and I "23! would direct your attention attention to basically Interrogatories : 2 and 3 and 14 Could you start sir by describing 25 the relationship between Kaiser Gypsum and Kaiser Cement Page 12 +1between the years of 1965 and 19757 in this to MS JACKSON I'm going to object * question in that Kaiser Cement is not Page 10 to Page 15 Page 13 1 and Kaiser Cement I'd be happy to clarify that question if 2 you need me to do So. 3 MS JACKSON Objection insofar as you refer 4 to Kaiser Cement products The plaintiff has testified 5 to any products manufactured by Kaiser Cement Kaiser 6 Gypsum products of course you may inquire about 7 MR BERGMAN Q. What were the products that * were manufactured by Kaiser Cement as opposed to Kaiser 9 Gypsum 10 MS JACKSON During what years ! Counsel 11 12 MR BERGMAN Q. 1965 to 1975 MS JACKSON If you know 23 THE WITNESS Well to the extent 1 know 14 Kaiser Cement was in the cement manufacturing business at 15 that time primarily 16 MR BERGMAN Q. And what business primarily 17 was Kaiser Gypsum involved in the 1965 to 1975 time frame 52281 involved A. Primarily Primarily wallboard and accessories 05 Q. Where were Kaiser Gypsum's 1c1o9r6p5ortaot1e92 750tihmeeadfqruaamrteers located in the 21 A. Based the information I've j been provided 22 they were located in the Kaiser Center in Oakland 23 ' California 1741 : Q. And where was Kaiser Cement's 1965 corporate 25 offices located in the years of to 19757 1 ' Page 14 415 392-0650 Gypsum Corporation located at the Kaiser Center 121 during the 1965 to 1975 time period 23 yes A. To the best my knowledge 24 Q. And was Kaiser Cement & Gypsum Company a 25 separate entity from Kaiser Gypsum Company during that same Page 15 1 time frame sir 3 A. Yes 3 Q. Was there - did Kaiser Gypsum Corporation 4 receive its instructions from Kaiser Cement & Gypsum 5 Corporation in the 1965 to 1975 time frame MS JACKSON Objection the word 2 instructions is vague 8 THE WITNESS I don't know 5 MR BERGMAN Q. What the level of 129) day interaction between Kaiser Gypsum Company and 11 Kaiser & Cement Gypsum Company in the 1965 to 1975 time 12 frame 22 MS JACKSON If you could Counsel clarify ita) the years that the company was called a company entitled 15 Kaiser Cement & Gypsum Company was in existence it would <1) clarify for the witness 37 MR BERGMAN Q. Sir during what years was 18 there an entity known as Kaiser Gypsum & Cement Company 125 A. From roughly 1964 to approximately 1978 30 Q. Between 1964 and 1978 sir what was the level 21 of day interaction between Kaiser Gypsum Company and 122 Kaiser Cement & Tooker & Antz 05/20/00 13:24 RX NO.0435 P.003 02/13/01 09:45 KMESA 14104482368 NO.072 P004 BSA Pickner Gypsum Company 23 A. don't know 24 Q. Did Kaiser Cement & Gypsum Company and Kaiser 25 Gypsum Company have the same house counsel I'm not Page 16 * asking you for any comments or communications with that 2 counsel but did they employ the same house counsel 3 MS JACKSON I'm just going to place an * objection on the record that I'd like to apply to any 5 question that involves Kaiser Cement is not a parttyo this 6 action Plaintiff has not testified in his deposition he * was exposed to or claiming exposure to products manufactured 2 by Kaiser Cement and I'd like a running objection to any (* questions on that 20 MR BERGMAN I will give you a running 11 objection on that subject matter Counsel 12 THE WITNESS I don't know 123 MR BERGMAN Q. Sir I'm handing you what it has been marked as Exhibit 3 25 MS JACKSON Can you indicate what the n plaintiff number on the bottom 17 MR BERGMAN Yeah I'm sorry the plaintiff 15 number is 238 15 Q. Sir does Exhibit 3 appear to be an 20 organizational chart of Kaiser Cement & Gypsum Corporation 2 the Gypsum Division 21 A. That's what the title of the front page says Q. And is this one of the document that you 24 reviewed in preparation for this deposition 135 A. Yes Page 17 Q. Okay I would like to turn direct your 3 attention to page the third page which is designated as 3 Page No. 240 Who was Mr. R.A. Costa A A. Well according to the chart he was Vice s President and General Manager of Kaiser Gypsum 5 Q. And who was president of Kaiser Gypsum during <7: that 1970 time frame 31 A. don't know i Q. How would that information be obtained : A. don't have any idea off the top of my head Q. Was there a president of Kaiser Gypsum itt: Corporation ast A. don't know 24 Q. Who if anybody did Mr. Costa report And :) am 1 pronouncing his name right first of all : A. Yeah have not seen an organization chart 7 with Mr. Costa's name on reporting to someone else :8: Q. So to the best of your knowledge Mr. Costa was :t*) the chief executive officer of Kaiser Gypsum Corporation Tooker & Antz vs. Corning Joseph Ross Hobby 201 A. Those aren't my words I think he was vice 41 president and general manager 53 Q. What Mr. Costa's responsibilities as Vice 23 President and [ General Manager of Kaiser Gypsum : Company 241 A. can only deduce from the organizational 25 chart that his business was to run his role was to run that | | Page 18 2) company on day basis 21 Q. And sitting here today you don't know whether 2 or not Mr. Costa reported to anybody else 4 A. No seen an | organizational chart that 5 said that he nor have I read anything that said that Mr. + 5 Costa reported to someone else 7 Q. Was Kaiser Gypsum in the 19- 19- , Kaiser Gypsum e Company a public or private corporation in the year 1970 5 when this chart was generated 10 A. was a wholly subsidiary of Kaiser 11 Cement _, Corporation or Kaiser Cement & Gypsum Corporation 12 depending on the time frame 13 Q. Do you know whether or not Mr. Costa reported 14 to Kaiser Cement & Gypsum Company in 19707 25 A. don't know Q. I'm going to go down the list of Isome of the 17 individuals on this organizational chart and for the record 28 I'm referring to Page 240. What the roles of the 15 executive assistant the two executive assistants listed on 20 this chart Mr. Eshelman and Mr. Orzech Z A. I don't know I've not seen a job 22 description nor do we have any job descriptions for those 23 positions 34 Q. Do you have any knowledge whatsoever as to 25 what Mr. Eshelman or what Mr. Orzech did in the { j Page 19 :) organization 2 A. No don't Perhaps I should say at this 2 point that the day business operations of Kaiser 4 Gypsum Corporation ended in 1978 or about that time There 5 are no current employees of Kaiser Gypsum So it's been 6 ) over between 20 years since there was any employees there :) I've been with Kaiser companies roughly 18 years So have 8 no direct knowledge of these people and what they did 9 can merely go from the documents that have been provided to 10 me And asI look at these documents as you have them in 21 front of you I can make certain conclusions but Q. sir What conclusions can you make 2131 MS JACKSON Objection 415 392-0550 11/4/98 XMAX overbroad 24 document MR BERGMAN Q. Based on this document sir 151 what conclusions can you make 26 A. Well I can conclude that Mr. Costa was the 1 Vice President and General Manager of the Kaiser Gypsum na Company for example 25 Q. Looking down the chart sir there's the Group 20 Manager Wallboard Accessories and Metal Products What 21 were what category of products were Wallboard Accessories 52 MS JACKSON I'm going to object Counsel 23 We've reached a stipulation with local counsel for Kaiser 24 Gypsum that the products inquired into would be limited to 25 the joint compound products that your client has testified Page 20 tz that he was exposed to So insofar es your question exceeds :) that narrow scope pursuant to stipulation I would object 3 MR BERGMAN Q. I'm asking for any 4 detailed information I'm just concerned about - I would 5 like to know and this falls within the ambient of my 5 request of organization and governance what were the 7 general category of wallboard accessories I'm not asking re specific product questions at this time 9 A. Well as I understood it I think they're 10 referred to in our interrogatories They generally consist 11 of the various joint compounds 12 Q. And who did who was first of all J.W. 12 Blewett 14 A. Well according to the chart he was group 25 Manager for the Wallboard Accessories and Metal Products 1171 16 operations ; 6. Do you know whether Mr. Blewett is still 25 living 29 MS JACKSON Counsel I believe we provided 20 that to you in the answers to interrogatories that were the 2 subject of your motion 22 MR BERGMAN l'understand l'understand 23 THE WITNESS I'd have to see the document * that provided I have not committed - I know a number of 25 the employees on these charts are deceased and I haven't Page 21 1 memorized them 2 MR BERGMAN Q. Who did Mr. Blewett report 3 to within Kaiser Gypsum A MS JACKSON What time frame 5 MR BERGMAN Q. 1970 the date that this 5 chart generated 7 A. Well according to the chart he reported to 9 Mr. Costa That's the way I would read it 7 Q. Looking down the chart sir there's Vice 20 President of Sales What was the function of the Sales 1 Department of Kaiser Gypsum in the 1965 Page 15 to Page 21 05/20/00 13:24 TX NO.0435 P.004 ' 02/13/01 09:46 KMESA 14104482368 NO.072 P005 F repeat the cotnhsattatnhtey Phorarevseident that tthehveickeind manager- presidents I XMAX company BSA Pickner vs. Corning Joseph Ross Hobby 11/4/98 to '75 period i::; Correction in the 1964 to '78 period would assume 10 though going with 6 that question I'd 23 MS JACKSON Could were generally involved in researching answer generally that you know the :7: question 10 Counsel you and #22) developing and improving / management team all of the 35 MR BERGMAN Q. Yeah What existing or new products existing Q. the 1964 manager- would shoulder some :: responsibilit was the function 15 of the Sales to 1978 time period the safety of their product Department of Kaiser Gypsum in the 1964 to were there 3 ongoing changes in the products that were manufactured by 14 _ < Q. And by management team would that be fair to 1978 :: time period Kaiser Gypsum say 118; A. Well Ihave no direct 25 MS JACKSON I'm who are listed on of knowledge but :25: venture that they it's vague a and going to object | 223 on the toward the bottom of Page were in charge of selling the various 20 27 overbroad 2407 products manufactured . THE WITNESS I have no direct 13 A. would the on the knowledge but 18 would say most of them manufacturing side of 21 the business assume that if they had a department for that There may be some 13 people on there 22 Q. And would that include joint that that department did purpose 19 that for example the Financial Analyst compounds something and 10 the Vice President and Controller 23 A. Yes I would think so there were changes may not have a very strong 35 link to 24 20 MR BERGMAN Q. And I Q. And who did the Vice President sir in light of 21 counsel's guess the safety efforts But someone like the for Sales 25 report to within Kaiser prior objection which is well taken I'm trying 22 to vice 15 president for operations in the manufacturing environment 19 may Gypsum Company ascertain whether there was a evolution of 23 products within the a greater responsibility Page 22 Division or and whether that Gypsum Q. And moving then to the Vice 2 A. Well the chart would indicate to the was 24 part of for 19 Operations who did that me that he 2 reported to Mr. Costa ongoing operations of the individual report to 35 3 Q. The next question is what was the MS JACKSON To the extent that 20 A. According to the chart he role of the 4 vice president for you know reported to Mr. ( Costa merchandising within Kaiser Gypsum in the ** 1964 to 1978 time period E A. don't know 7 Q. Why was there a separate merchandising and ') Sales Department + A. don't know 0 Q. Does anybody at Kaiser Gypsum have any I knowledge regarding why there was a separate sales and 12 merchandising department 23 A. Kaiser Gypsum has no employees Q. Is the answer to my question that nobody 1 besides yourself has any knowledge as to why there was a 16 separate Merchandising and Sales Department 27 MS JACKSON No one at the company 1B THE WITNESS You asked was there anyone at 1 Kaiser Gypsum who has knowledge and I indicated Kaiser 25 Gypsum has no employees 121A MR BERGMAN Q. Is there anybody else '22) besides yourself that would be able to better answer the 257 question as to what the different function of the i247 Merchandising and Sales Department was that A. If there is I don't know who would be Page 24 2 THE WITNESS don't any direct > knowledge but would assume use your word that there 2 was an evolution or certainly new products were introduced 4 Q. And would the Vice President for Operations 23 have been the primary individual other than Mr. Costa 4 responsible for insuring the safety of Kaiser Gypsum's 25 products and those new products may have replaced existing products 5 that sort of thing : That's common in industry the MR BERGMAN Q. And was one of the functions 7 of the Research & Development Department to integrate new e scientific developments that occurred between 1964 and 1978 % A. don't know [ Q. Was one of the functions of the with Research & 1 Development Department to deal any safety concerns that 12 ; might have arisen regarding products manufactured or sold by 3 Kaiser . Gypsum Company 24 A. don't know 1251 Q. Was there separate department within Kaiser 15 Gypsum that was responsible for insuring the safety of its 17 products 123 A. To the best of my knowledge there was not at 2 Q. Who Kaiser Gypsum would have been 2 responsible for insuring the safety of the products that 1 were sold to the public i Page 26 ha A. don't know Pct Q. You had indicated individuals in the 3 management team who were responsible for insuring the safety ) of Kaiser Gypsum's products and you identified the Vice :2; President of Operations Would the manager of Research & ) Development also have shared some responsibilitfoyr <7; insuring the safety of Kaiser Gypsum's products know A. He may or he may not I don't know 3 Q. How about the Vice President of merchandising 120 A. I don't know 120 Q. And how about the vice president of sales ict A. don't know bingy Q. And how about the vice president for 4 manufacturing 5 A. don't know binds Q. And how about the the group manager of ) wallboard accessories hat; A. Mr. Blewett Page 23 at Q. Who did the vice president for merchandising '!*: report within Kaiser Gypsum 13. A. According to the chart he would have reported ::: to Mr. Costa 151 Q. The next department is research and 4. development What was the function of the research and <7: development department within Kaiser Gypsum in the 1964 to = 1978 time period A. have no direct knowledge I Page 21 to Page 27 a! MS JACKSON Over what time .frame ati 1 oma MR BERGMAN 1964 to 1978 re oe THE WITNESS Ultimately I would have thought 25 Mr. Costa would be ; Page 25 + MR BERGMAN Q. Was there anybody besides :: Mr. Costa at Kaiser Gypsum who was responsible for insuring 13 the safety of the products that were sold by Kaiser Gypsum +) to the public rims A. Well don't know where you're 415 392-0650 Q. Yes A. don't know peed? Q. So the only individuals thus far soI raz understand your testimony sir the two individuals that you 12 have identified as being responsible for insuring the safety ) of Kaiser Gypsum's products are the vice president and 5 general manager Mr. Costa and the vice president of 1 1 Page 27 operations at this point Mr. Schaper MS JACKSON I'm going to object Tanker & Ann 05/20/00 13:24 TX NO.0435 P.005 02/13/01 09:47 KMESA 14104482368 NO.072 = P006 BSA Pickner vs. Corning Joseph Ross Hobby insofar as ( it misstates his testimony I think his testimony was that 4 the 25 A . management team +5 MR BERGMAN Well we- l wel ll Counsel I'm (4 going to start objecting to your speaking objections 17 You're certainly entitled to object 8 Q. And if I've misstated your Page 29 if 1 Q. Now sir you would please turn to Page 2 241. It appears to be breakdown of the sales division or 2 the Sales Department of Kaiser Gypsum And we've talked < about quite a bit about who 11/4/98 XMAX share :21: information concerning the safet of Kaiser Gypsum's == products 23 A Well when you say share } don't know whether * or not there was some responsibility or directive for 55 example for Mr. Hague to communicate to Mr. Crowle about testimony in any 9 way Mr. Hobby please reports up the chain of 5 command I'm Page 31 enlighten me as to how I've done 20 that 21 What A. I think you've mischaracterized it What 1 tried to say was that everyone in management a 13 responsibility okay for the safety of the employees and 24 the productsI also indicated to you I don't know it any 25 one person in the organization ha, absolute day 15 responsibilities for that other than would assume and I > know that's dangerous to do but Mr. Costa as the head of 18 the organization would have overall responsibility Beyond 2 that cannot say to you whether an individual within this 20 chart has greater or lesser responsibility than another I have no direct knowledge i225 exhibit Q. Sir I'm handing you a picture an 123 marked as No. 5. 1 do have a color photograph if that would (5! be easier for you is that Mr. Costa 25 A. don't know going to try to address some questions to you 6 about how information is disseminated down the chain of 7 command B Would - well first of all if 1 could direct 5 your attention once again though I'm sorry to Page 240 1201 And I'd like to direct your attention to the line toward the 1 bottom of the page the five vice presidents ? fm A. see it Q. Okay Was information concerning the safety ) of Kaiser Gypsum products shared between the various vice 15 presidents listed on Page 240 26 MS JACKSON During what time frame 37 MR BERGMAN Q. During 1964 to 1976. And 18 let me just say for the record Mr. Hobby unless I say 19 otherwise during my examination this morning my time frame 20 will 1964 to 1978 EL MS JACKSON And just for the record to be 22 absolutely clear Kaiser 1 some safety item whether or not he would have 2 responsibility to do that I would indicate to you that I'm 3 sure information was shared based on probably the individual 4 determinatior of that manager Q. So and I understand that you know we're 5 talking about the corporate structure and we may not have 7 precise directives concerning every interaction and every 6 responsibility that each corporate officer has in relation 5 to every other corporate officer However had say the 20 manager of research development learned of information a regarding the learned that Kaiser Gypsum's products may not 22 be safe when used as intended would that have been the type 23 of linformation that would have been shared to the vice (24) president of sales responsible for selling those products to as the public 66 speculation MS JACKSON Calls for speculation Page 28 27 MS JACKSON Counsel I just would like an ) opportunity to see actually the color photo - 3 MR BERGMAN Absolutely 14 MS JACKSON - and also advise you that this s was not provided to us prior to the deposition Thank you 3) THE WITNESS I've never seen this Costa picture 7 before I've never met Mr. nor have ever seen a 8 photo of Mr. Gypsum's products became # asbestos in 1975. So to the extent you're inquiring 24 about information past the 1975 date I would object 25 THE WITNESS I lost track of the question Page 30 2 MR BERGMAN Q. That's fine Mr. Hobby 12) It's hard when a bunch of lawyers esk questions and go back 3 and forth I know 07 THE WITNESS All can say to that is that B I've never seen a document that would indicate as you have 15 just stated 201 MR BERGMAN Q. Based on your knowledge of 12 the company overall would you have expected the vice 2 president of sales to have been informed of any defects of 23 the product that rendered it dangerous when used as i intended 25 A. That would be speculative on Costa where he has been identified to me Sol would have no way of identifying Mr. Costa , 20 MR BERGMAN Q. Is Mr. Costa still living 15 A. To the best my knowledge he not But 21 again would refer you to the listing that was provided 1 to you and remind you that haven't committed all the 12 deceased to memory are Q. understand ir persons os A. But understand Mr. Costa is not living 2 Q. Do you know when Mr. Costa ceased to be vice (23: president and general manager of Kaiser Gypsum Company batt A. No =") Q. What was directing your attention once again 9 to Exhibit 240 the vice president of manufacturing who did :: that individual report =? A. According to the chart would indicate that ) he reported to a Mr. Schaper guess you would pronounce it Tooker & Antz 4 A. That's okay 5 like to direct your attention on Page 240 6 to the five individuals listed in the vice president 7 category And we've spoken a lot about them And I believe t you said that all of those individuals would report Mr. 3 Costa And my question to individuals you now is would these 10 these five vice presidents have been 1 responsible for sharing information between themselves i regarding the safety of Kaiser Gypsum's products 131 A. have no direct knowledge of the answer 14 that question Whether or not they would have had a 15 responsibility as you put it to share information have 4 not seen that in any job title or anything I would say as 17 a normal course of business issues such as safety may be 15 would be shared between various departments yes 25 Q. So as normal course of business then the 20 various vice presidents would have been expected to my part I could Page 32 1 speculate that on that Mr. Bergman but have no direct :) knowledge 31 Q. Q. And would understand from your answer that 4 you're not aware of anybody Teise at Kaiser Gypsum that would 5 know whether the Research & Development Department would '5: have been responsible for sharing safety information with (7) the Sales Department 73) A. No I've never seen a document or anything in 15) writing or anything that I've been any of the information 10 I've reviewed that would cause me to be able to answer that (22: question positively yes 125) Q. Now if we could go back to Page 2417 record 13 MS JACKSON Just for the Counsel 2 you have not designated 241 as a document wish to 5 examine our witness on 5 MR BERGMAN Yes I do Counsel My 7 Intention in this designation was to 415 392-0650 Page 27 to Page 3 05/20/00 13:24 RX NO.0435 P.006 . 02/13/01 09:48 KMESA 14104482368 NO.072 P007 BSA Pickner refer to the first page i of these documents not to list every page of the j document :) that was indicated But I will in light of your objection 20 I will keep that in mind in the course of my examination saa} MS JACKSON My objection was that it was not 22 on the list Now you're | telling me that you designated :) incomplete listing of document or designate you intended to 24 just the Page ? Is that it Because what was 25 just objecting to was document 0241 was not direct designated in Page 33 *)your natice So my objection would be it's of the outside the 2 scope notice compounds containing 3 MR BERGMAN I understand Counsel and 4 insofar as I refer to question 241 such reference in * pursuit of my general inquiry concerning the corporate :) history and governance of Kaiser Gypsum not the document ? per vs. Corning Joseph Ross Hobby Gypsum is was responsible for 5 communicating product information to customers ! MS JACKSON Objection vague Product 27 information is unclear :: THE WITNESS I don't know who had 15 responsibility for that 1201 1201 MR BERGMAN Q. I'm not talking about the 21 individual I'm talking about the organization 22 A. could guess but have no knowledge 3 of who would have had responsibility for that specific 4 function 25 Q. What your best understanding Well let me 11/4/98 answer the (22) question sir XMAX 24 A. In the research I did I didn't research all 15 the operations that r- : have or may not have produced joint 16 compounds I focused my research in the Seattle plant But 17 do know that other plants did but would be hard pressed 35 to categorically say what all the plants manufactured 238) Q. Why did you focus your Tresearch on the Seattle 20 plant sir 21 A. Because based on the advice of counsel Mr. 2 the Pickner case Involved was localized to that region 23 Q. What years did the Seattle plant manufacture 24 joint Page 35 1 ask you this Was there an entity at Kaiser Gypsum that 2 communicated information regarding the use and application 3 of Kaiser Gypsum products to the customers 11257 A. Roughly from 1969 to 1975 Page 37 Q. And your understanding sir that Mr. 2 Pickner was not exposed to se joint 2 Q. And my question to you Mr. Hobby is what 9 were the general responsibilities of the vice president of 01 sales of Kaiser Gypsum Company is2 MS JACKSON And just for the 4 A. Well as far as I know the Sales Department no 5 doubt communicated with its customers But there may have ( been other departments that communicated with customers as ? well compounds prior to 19697 (0 A. have no knowledge of Mr. Pickner's exposure 47 Q. And again without going into any contents of s any communications you focused your you did focus any 6 of your record so that 1 you know not having 2 Q. What inquiry prior to 1969 is that correct if seen the complete designations in your 13 13 Gypsum department any at Kaiser 7 ) A. read a lot documents and notice and not having a clarifying letter or was responsible for reviewed a lot 8 of documents that phone call 24 about the nature of your communicating safety information to 1251 would give me some general knowledge | customers notice we have not prepared and 15 reviewed the documents that are not listed on 20 A. have no direct knowledge But 9 I'm telling you that I focused on the Seattle area and the 10 Pickner case your notice Q. Was there a department at because I understood responsibility 116 MR BERGMAN I understand Kaiser Gypsum that 1 had for communicating safety information to 14 we were being 1 12 that's what deposed on this 177 MS JACKSON So my objection is the public the users of Q. And was - you're aware sir going to be e that we've had an 25 A. your product and this kind of 23 gets into one of the other opportunity to review them and that iif) ; don't know I don't know subject areas we're to anybody had be given incomplete numbers and I'm 15 Q. Is there whether there was 17 who knows going about today which is sales of talk 19 containing going to object 120 insofar as the Kaiser Gypsum any department at joint 15 compounds documents are not complete responsible for 18 in the Portland and Vancouver area Would 22 MR BERGMAN Q. Okay What is communicating product safety information to the public those 16 products have been and is the general 22 responsibility of the Sales were Department Mr. Hobby And 23 will ask 29 20 A. don't know Q. your testimony sir that - > well where joint compounds that were you to look at Page 241 only insofar as it I'd like you to look at Page 244 and that is 1 of manufactured 2 that were sold in the this exhibit helps > you formulate an answer If it fant MS JACKSON Same Portland greater Portland and i doesn't help you just 51 ignore it to the 23 objection as ; Vancouver area manufactured Page 34 incompleteness and lack of : designation Objection to the 24 1501 A. Well would I say they were inquiry :ih MS JACKSON Referring back outside the scope of the notice Gypsum MR BERGMAN Q. Kaiser generally 21 manufactured the Seattle plant Counsel to the 2) date of this document which is on 0238 is 1970 November 17 >>> ; Gypsum as I 1 : Q. And that was located kind of Harbor Island 2 area That's the limitation on your question ! Page 36 Harbor A. I'm not familiar with the term ; in MR BERGMAN Q. No my question i8 understand it sir { general what was the department manufactured joint compounds that :: Harbor 125 Island responsibility of the Sales -2: Department of Kaiser Gypsum Company in the 1954 - contained asbestos : during certain years is that correct : sir : Jt Page 38 Q. Located kind of MS JACKSON If you know jc A. :f2)) manufacturing Q. That's correct And what plants what a. := ? i A. In Seattle south Seattle I 21 THE WITNESS think I already ; manufacturing facilities ) 3) H Q. Okay responsible answered that : question but have no or manufactured were j ) A. I've not been to the plant containing direct knowledge I have not seen a : job :: compounds joint i . personally description But I did venture an assumption I that the :::function of the Sales yeas 74a er ; MS JACKSON I'm going to object .5 Q. Okay And so if understand your testimony i sir at least after 1959 Department was to sell the insofar as :) the joint compounds in 1959 joint products ID Gypsum that are manufactured by the company question would have emanated from one 121 plant the Pacific compounds that Mr. Pickner 3 Keiser joint compounds that Mr. Pickner ist: MR BERGMAN Q. Was one of Northwest The may have 9 worked the -- what +>: inquiry on other plants 1 is | around would have inappropriate department of Kaiser list: MR BERGMAN Q. Go been manufactured primarily in 9 Seattle Page 32 to Page 38 ahead and is that correct 415 392-0650 Tooker & Antr 05/20/00 13:24 RX NO.0435 P.007 02/13/01 09:49 KMESA 14104492368 NO.072 P009 BSA Pickner vs. Corning Joseph Ross Hobby 11/4/98 XMAX 201 A. To the best of my knowledge That's my 11 understanding yes 27 Q. And how about prior to 1969 sir 1231 MS JACKSON I'm going to object Counsel * it's relevant 125 MR BERGMAN It manifestly is relevant 15 Counsel The client was exposed from 1965 on 1273 Q. But you can go ahead and answer the question 18 A. Perhaps if you tell me where he was exposed | 29 could more directly answer the question 20 Q. Yeah Mr. Pickner worked in Portland greater 1 Portland and Vancouver greater Portland Oregon and 22 Vancouver Washington 1239 A. Yes 28 Q. And from approximately 1964 '65 on So what 25 I'm trying to do is figure out if the Seattle plant didn't Page 39 :) start making containing joint the 22: scope of the notice THE WITNESS I don't know 10 MR BERGMAN Q. Do you know whether any 11 containinjog int compounds were manufactured in the 12 Delanco plant 23 MS JACKSON Same objection + THE WITNESS I don't know If you know the 25 answer to that perhaps you could give me a document 16 something that would remind me But based on my knowledge 2 as I sit here right now don't know the answer to those 18 questions 18 MR BERGMAN Q. Okay And I'm referring to 20 Exhibit No. 244 - or Page 1244 2 Yes Q. And that document indicates wallboard 22 accessories And so based on that I'm = 224 A. What wallboard where are you located at 25 the Q. I'm looking at the bottom line of 91 + MR BERGMAN Watch if I screech while moving e the phone I apologize in j advance 37 THE WITNESS I guarantee you I'm answering 1 them all Ken 122 13 MR PETTY Okey MS JACKSON Does sound better Ken 14 MR PETTY sounds better except now got 25 something in my throat IS MS JACKSON I you was don't 7 sound so hot going to say [::a> MR BERGMAN Mr. Hobby was approximately five 19 feet away from the phone Ken so this may help things out a 120 little bit 21 MR PETTY I've been hearing some and not 22 hearing some but guess I would just like the record to 2 reflect and I'm going to keep quiet as best I can Matt * but the tenor of the questions that 1 hear I think more or 125 less all them assume that this witness knows or has to compounds until 1969 3 where would this joint compound have been obtained prior to i} that period ; = MS JACKSON Well it assumes not 5 evidence that in fact there were exposures that I don't 5 believe have been testified to prior to the 1969 time frame 7 MR BERGMAN Q. You can answer the question * Mr. Hobby 151 A. I'm getting a little confused 0 Q. Okay (33% A. But in 1969 is when we started manufacturing 12 joint compounds that contained asbestos I don't know 23 whether or not we manufactured any joint compounds that (-<: didn't contain asbestos And I don't know specifically 15 whether or not there may have been some asbestos joint 16 compound that could have found its way to Portland through 27 some channel I'm not aware of 79 Q. Okay And I want make sure I understand I your testimony Are you testfying that Kaiser Gypsum did 2 not commence manufacturing containing joint 2 compounds until 1969 or that did not commence 20 manufacturing containing joint compounds in Seattle 3 until 19697 2 2 A in Seattle (2h Q. Gypsum Okay Prior to '69 did Kaiser Page 40 Page 41 : organizational chart on Page 244 _ 2 A. Yes jis Q. Okay And that is the basis on whichI 4 inquired whether or not containing joint compounds 5 were manufactured say at the Jacksonville plant # MS JACKSON Well to the extent that you're 7 looking at a document that you haven't designated in the 8 notice and you're asking him to speculate on what it means 9 the document speaks for itself e MR BERGMAN Q. You can answer the question 11 Mr. Hobby there A. Yeah This would indicate that there were 3 some sort of wallboard accessories manufactured at those 14 various locations 257 Q. And you previously testified that your 16 understanding of wallboard accessories included joint 17 compounds > A. It included yes manufacturing Q. When did Kaiser Gypsum start manufacturing 20 containin joignt compounds ptt! A. don't know the answer to that right off the 22 top of my head Perhaps you can help me I don't remember i Q. Well I don't know the answer to that 24 question either sir 28 MR PETTY This is Ken Petty Are we Page 43 1 know the answers to questions And believe if you look at 2 the law on Civil Rule 30 I think you need to find out ; 3 what he knows personally and then what is reasonably known 4 to him or what he i knows from reasonably available s information and I don't think the law allows you or anybody 16 to assume that company can always produce a witness that | 7 can answer every one of your questions So I would just ra interpose an objection generally speaking to the tenor of 5 your ! questions which I think assume facts not in evidence 20 MR BERGMAN Well the third sub - and | 11 don't want to belabor Mr. Hobby who I'm sure has places he'd 20 | rather be with extended colloquy on the record But the 3 third item of this notice of deposition specifically 1 requests containing joint compounds I manufactured by 15 Kaiser Gypsum and intended application of said products 251 There was no date restriction on that so I am concerned 1 that we have no information prior to 1969. I don't believe a that this is merely an academic concern given that the 1 evidence in this case is that Mr. Pickner worked as a 20 i painter upon being released from the Navy in '64 . 21 MR PETTY I think the evidence in this case 2 does not establish any * manufacture containing joint compounds : A. believe the answer to that is yes Again | :) haven't focused my research very much on what other plants Ne may have manufactured 12 0. Do you know whether containing joint 5 compounds were manufactured at the Antioch plant 7 MS JACKSON Objection it's outside Tooker & Antz Page 42 ; it) anywhere near a break because I don't know what is happening 2 but can't really hear anything I can hear your questions 3 and some of Gaby but can't hear the witness at all bie: MR BERGMAN 1 can try to move the phone a 25 little closer to the witness Ken ere! . MR PETTY Okay 415 392-0650 exposure to Kaiser Gypsum products ( before 1969. You may think it does or wish that it does but z I don't believe that it does I don't think Mr. Pickner was 25 able to pinpoint any exposure in those years and certainly i Page Ad ** neither of his three brothers were able to do so 2 MR BERGMAN I'm just very Page 36 to Page 41 05/20/00 13:24 TX NO.0435 P.008 . 02/13/01 09:50 KMESA 14104482368 NO.072 P009 ASA Pickner vs. Corning Joseph Ross concerned at this i; point that you know Hobby 11/4/98 XMAX we've gone to considerable expense to * i Page 46 2 Q. Okay Okay Could describe come down here to take a deposition We * products were manufactured here you for me 3 briefly what then Joint have put this :) deposition off on Where is it No. 4 2 I believe Powder is and how was 4 Compo : numerous 3 occasions The deposition 6 clearly seeks MR BERGMAN hmm Well why referring to the first item used And ~~ information regarding products don't do ts the best we can I mean if we 5 4 on Page 4 of on interrogatory manufactured * prior to 1969. And we have a witness could stipulate that Kaiser 5 Gypsum interrogatories your response to who can't answer that :) question And manufactured a product prior to 1969 I think 6 A. Well the joint through no fault of his own I think he's 9 that 6 could move things along referenced there compound 7 form you know doing a yeoman service but 7 MS JACKSON I would be happy to came in powdered was apparently not 29 prepared to do that stipulate to * that 191 Q. And what was it used for And I think that's clearly within the 22) . 9 MR BERGMAN Okay right I think 9 A. Well was of both Rule 26 and my notice So I'm scope that 10 would satisfy things and get Mr. going typically mixed with water to :) form slush if that's with this Hobby to do the 1 best I can to continue be on to places he'd 11 much rather the right term and that was then 1 examination but I'm going 123) to note at this i 22 Q. applied to the various surfaces or joints point for the record that I am quite 15 like to direct your attention 22 Q. What about and then after it concerned that through no fault of the witness inow sir to 19 Interrogatory No. 4 was applied to 13 surfaces and joints was | our 25 examination has been hampered 14 MS JACKSON With regard to your any other work done to it or 14 25 MR PETTY Well me just stipulation 1 you're asking if Kaiser modification done to it respond to that 17 if you want to make ; Gypsum manufactured joint compound 16 containing asbestos prior to 1969 as 25 A. Well I'm not sure I understand statements statements for the record like that I 18 think it should be clear overall background 17 an your question 15 but- don't discovery question that our understand your question correct obligations are (:3) defined by the civil rules 2 MR BERGMAN That's 17 17 Q. Okay I'll try to move on and then by the JACKSON later and framed the facts of ) case - Counsel 129 MS Not come back 18 to this in more detail 15 | And I mean think you've been shown great Seattle 20 concerning the A. Okay latitude 21 here in allowing you to ask plant 20 Q. And then what was the questions about Kaiser Cement a 10 21 22 MR BERGMAN That's correct MS JACKSON All right And that's powder that ** Kaiser Gypsum manufactured finishing company who's not named in this case can advise you whose products are not 325) even the type of what we 3 25 A. That was also products issue in this case and if 24 MR BERGMAN Okay that's fine would have a white powder that 2 continue to persist to ask you 25 Q. Sir if you could look on 4 water 23 been mixed with are well beyond 5 the scopeqoufesdiisocnosvetrhyat! o! f the Page typically to form a paste that was 24 used in the finishing aspect of the think we're going to have these 5 wallboard construction 25 that Page 47 you described Page 45 * interrogatories I'm going to ask you th) kind of problems some questions 2 regarding these Page 49 2 products 2 Now there may be some First of all would it be fair to 3 1 Q. And would the legitimate concerns that 3 we both have and ) say that the six products listed on Page 4 of Compound Finishing we Powderthen should try to move ahead them out 4 interrogatories and get what you can Kaiser 4 Gypsum's response to plaintiff's are joint 5 Powderthen 2 come later in the taping process than the joint compound 31 get done compounds powder all accomplished today I mean is) that's all 5 A. They are not joint A. understand that it think we need to be doing But need to compounds 5 Q. would you be 6 guided by the facts of this 7 Q. Okay Which ones would Okay 151 case and the allowable scope of 7 discovery and joint s compounds 5 A. not be A. Keep mind that I'm not works 7 craftsperson also what the obligations are for the witness 9 to know Well No. 2 is identified as finishing 20 B Q. Okay Day Joint Compound in response to your notice which think we've 9 already determined you only flan compound Q. What the difference between a Powder How did s that differ from the first two products that you just 20 testified to finishing listed about 25 pages of 10 joint : documents and compound and 11 MS JACKSON If you know you want him to be able to talk about a bunch compound 2 of other documents 1 A. Well again I'm 22 THE WITNESS I don't know exactly dchoenm'itcal specifically list that you didn't not expert and I was 1 trying to merely respond to as know - do you mean in makeup 4627 4627 didn't MR BERGMAN Aren't you sorry you go 5 to law school Mr. Hobby THE WITNESS Yes No. MR PETTY We are MS JACKSON I'd just like to advise 27 counsel 7 that to move the process along in the spirit of cooperation 18 if you would refer to our answers to interrogatories you +3! might be enlightened as to the if facytears prior to 19 I think 20 69 or in the question was asked and we answered it <2! not your satisfaction we have not smooth been notified that that : was insufficient response MR BERGMAN Is there a specific 24 interrogatory Counsel tat: what MS JACKSON I think you asked us your question But think that 5 a ; finishing compound is used during a different phase of the is construction process than a joint compound process Q. Okay And I just want to make sure that (32) we're - mean counsel and I made certain agreements prior 3: to this deposition and I want to make sure that ! honor t24: them : A7 Would a finishing compound be something that 22 was used in the process of taking two sheets of sheet : and making a joint between the two or would it have If some other application 171 A. No that's that would be the general ; i Page 48 34 MR BERGMAN Q. No sir just did was 15 that different product than the first two that you've ) testified to A. can surmise that it was chemically composed ::!: so that it set up faster 1257 Q. Powder And Three Purpose Compound 120 A. I think had purposes where it that 2 extended beyond just the joint application 22 22 be Q. And what purposes would thos 231 A. understand they a lot of times there were 24 nails and staples and other components that were used to Hay Page 44 to Page 49 m application 25 out the wall that this was used to cover in addition to the 415 392-0660 Tooker & Antz 05/20/00 13:24 RX NO.0435 P.009 | 02/13/01 09:50 KMESA 14104482368 NO.072 P010 #SA Pickner Page 50 3 joints 2 Q. Junderstand And Purpose Pre 3 Compound 13 A. The primary difference here as ) understand it is has do with the with the fact that it was a premixed 5 compound as opposed to powder 7 And by premix compound in other wards it B would not have to be mixed up 9 A. would generally come in a bucket or 10 plastic container where the water had already been added so i401 you didn't have to physically do the mixing 12 Q. And how about Pre Topping Compound was 13 that the premix equivalent to Finishing Compound Powder to * the best of your understand knowledge 15 A. That's my understanding a 26 Q. Okay I'm going to ask you little more 1 questions about these products in question in general but 26 want be completely fair here Would it be fair to group Fi these all joint compounds or vs. Corning Joseph Ross Hobby then Or let i Page Page 52 > i} me rephrase it What was the Gypsum Association the time 2 that Kaiser Gypsum was associated with it 13 A. don't know how I don't know specific | how to answer to that Be more 5 Q. What its purpose 5 A. I guess its purpose was to serve its members 7 Q. Okay And who were its members a A. can assume that those members were generally 9 made up of those people that were in the gypsum industry mebers 10 Q. And do you know any of the other members of 1 the Gypsum Association besides Kaiser Gypsum 12 13 A. have no personal knowledge MS JACKSON Clearly it's outside the scope 10 of the notice we're talking about Kaiser Gypsum Certainly 15 not any / other companies are at issue here 11/4/98 ZMAXIER : Page 54 1 about and I'm inquiring into Kaiser Gypsum's involvement 2 the Gypsum Association and my previous questions were just 3 prefacatory in nature 4 A. Okay $ Q. Was the nature of Kaiser Gypsum's involvement 5 in the Gypsum Association I understand that's a broad * question but hopefully we can hone in : from there 8 A. Well as I understand It we were a member ^ Q And did Kaiser Gypsum attend meetings of the 10 Gypsum Association 11 A. have no direct knowledge of that but 12 probably attended as members do Q. Who at Kaiser Gypsum and by thatI don't mean 14 the individual but what entity what officer of Kaiser 15 Gypsum would have been responsible for maintaining or * attending meetings of the Gypsum Association i 1201 A. Well it would depend what the question was 20 Q. Okay 72 A. But if you're just talking about the accessory 53 compounds would i say we can refer to them joint 24 compounds 25 Q. Okay And so then if you could once again Page 51 2 look with me on Page 4 No. 1 through 4 would be would have 2 to be mixed with | 16 MR BERGMAN Q. Were other manufacturers of 17 gypsum products involved in the Gypsum Association 18 MS JACKSON Objection outside the scope of 19 the notice j 20 THE WITNESS I can assume so ! mean I know 21 we weren't the only member 23 MR BERGMAN Q. Okay Do you know how many 3 members there were < A. No. 25 Q. Do you know what the Gypsum Association did Vili} A. don't know that anyone would have had a 18 responsibility to attend 191 Q. Who would have who which Kaiser Gypsum 20 officers would have attended meetings of the Gypsum 21 Association 22 A. From time to time any of them might have 23 attended 20 Q. Okay Did the Gypsum Association conduct did 35 Kaiser Gypsum participate in any joint research : efforts in water and Nos 5 and 6 would come 3 premixed is that correct Page 53 Page 55 4 A.A. Q. That's my understanding Okay Would the application of the joint 5 compounds and i'm now talking about merely just the 7 sake of expediting this between sheets of dry wall would a the application as opposed to the mixing of these six 9 products be similar 1301 A. As far as know yes to 11 Q. I want to turn briefly a subject matter 12 regarding that it's been identified in our deposition : notice and that is the Gypsum Association And then I'll 24 turn back to these products in a few minutes If :) during the period that Kaiser Gypsum was a member of that 2 entity 13 A. What it did 4 Q. Yes 5 A. don't understand that question | 6 Q. You'd indicated its purpose was to serve its 7 members and my question is what did it do in service of its 5 membership 4 =60MS JACKSON you know 201 MR PETTY He's not being offered as a Gypsum 11 Association - * conjunction with the Gypsum Association 2 A. don't know 135 Q. Did Kaiser Gypsum receive publications from 4 the Gypsum Association 50 A. I don't know I would assume that probably ) did as members ; would receive publications that were sent 7 out all members conduct 8 Q. Did the Gypsum Association conduct any 5 research into hazards associated with asbestos to the best 10 of you would 251 please look on your answers to our interrogatories No. 10 zat A. What page would that be 7) Q. That would be Page 6. Your interrogatory :) indicates that you believe that Kaiser Gypsum was a member 19 of the Gypsum Association from approximately 1952 to 27 1978. Is that correct to the best of your knowledge Tait A. Yes sti Q. What the Gypsum Association sir A. Well I believe the Gypsum Association is '2:; still in existence 35 Q. What the Gypsum Association Tooker & Antz ifsai MS JACKSON Right 23 THE WITNESS I don't you know I haven't 24 seen the laws of the Gypsum ; Association or anything ) 15 do know that to they probably had meetings discuss issues of 15 industrial importance | 77 MR BERGMAN Okay and BU 28 A. And I've never any of those minutes or 19 anything 20 Okay 21 A. I'm saying that I'm speculating actually 2 shouldn't do that 51 j MS JACKSON Yeah respo2 nding 4 MR BERGMAN Q. Okay And just responding 25 to counsel's objection which is well taken I'm concerned your knowledge 2 22 A. don't know resach Q. Did Kaiser Gypsum participate in any research :721 with the Gypsum | Association referring or relating to the 124 hazards associated with asbestos 15 A. don't know | 28 Q. Did the Gypsum Association - well insofar as 27 Kaiser Gypsum was involved with the Gypsum Association did * | it receive any information relating to thermal insulation 1 products as opposed to gypsum products 20 MS JACKSON Objection outside |the scope of mt; the notice There's no indication that Kaiser Gypsum ever 30 415 392-0650 Page 50 to Page 55 05/20/00 13:24 RX NO.0435 P.010 02/13/01 09:51 KMESA 14104402368 NO.072 P011 BSA Pickner manufactured or your client was exposed to any products 3 entitled generically thermal insulation from Kaiser 24 Gypsum 35 MR BERGMAN Q. ahead and answer You can go Page 56 167 A. have no direct knowledge what we may have 2 received from the Gypsum Association My response to your 3 earlier question I'm sure as vs. Owens Corning Joseph Ross Hobby . technical bulletins i 15 A. Yes + 1251 MS JACKSON Can I interrupt you ( a just for 121 minute Counsel because again the notice has designated 02 0325 : as the document you wish to inquire on and we have not 3 been provided nor did we ; anticipate that the 326 and 327 ) which are not on the notice would be inquired on So } to 125 that extent the witness has not seen | these two pages before | 11/4/98 XMAX and then my letter of September 29th es i clarified exactly what we ware seeking seeking intended 15 application And I'm trying : find out how Kaiser Gypsum 20 intend www its containing joint compounds to be 1 mixed ; 201 A. I'm not sure can answer { don't know what 23 you want from me You know I'm trying to answer your 4 question 1261 Q. I know you are sir members we received general << information I have never seen a document that came from : the Gypsum Association that comes to my mind Q. Okay And are you aware you know whether .*: or not the Gypsum Association had any involvement with 9 thermal insulation products as opposed to gypsum products A. have knowledge 10 Q. Do you know whether Kaiser Gypsum received 2 information from the Gypsum Association concerning any tests ( conducted on the safe levels of asbestos exposure of gypsum 13 products 121 A. have no knowledge I've never seen 15 document from the Gypsum Association 25 Q. Sir I'm handing you what has been marked as 1 Exhibit Mr. Hobby you're looking at your watch Did 18 you want to take a break 19 A. I was thinking maybe short break 33 would be - break 1211 Q. minutes on 231 A. 24 Q. A. have about two or three more this 23 subject matter Okay And then we'll take a break That's certainly - . Page 57 : Page 58 i Page 60 1 MR BERGMAN Okay E A. have water jsir (+ Q. I'd like to ask you some questions i water and a powder and we have jsir jsir on 3 and maybe if you could refer in there's 2 directions on the bag 6 conjunction with Exhibit s to Exhibit 4 i Q. Okay 171 | refer with the two documents in conjunction 15 with one another 1 i ,+ | A. Okay Now how they intend it t to be mixed 5 don't know how to | tos MS JACKSON Do we have Exhibit 4 answer that 7 answer to i THE WITNESS Exhibit 4 did you say 5 Q. Okay Let me try ask a few } ; (23 MR BERGMAN Q. I'm sorry I questions then ( to be a little | misspoke Page >> 4 of your specific more interrogatories 8 A. Okay 20 A. And what was your - + Q. Was it the intention of Kaiser 12 Q. just wanted to direct your | Gypsum and 20 again I'm referring to the attention to the 2 products that were listed first four products listed in 13 on Page 4 of your interrogatories 43 and your then look at the Kaiser Gypsum interrogatory answers the dry compound it 224 A. Okay was the 12 intention that they be poured 29 Q. Sir I'd like to direct your attention j} out of aAb.agdionnto'ta bkunckoewt of 31 water to 16 Products 1 through 4 on Page 4 of Q. Was it the intention that Kaiser your interrogatories And 17 if you could Gypsum dry 16 joint compounds be mixed extensive describe in as great detail and as with an electric mixer e detail as you can the process under 25 A. don't know which 19 containing joint 18 Q. Was it the intention of Kaiser compounds manufactured by Kaiser 20 Gypsum Gypsum were mixed What was the intended were 19 there any directions process for mixing 20 Kaiser Gypsum governing or instructing the users of 20 Kaiser Gypsum containing joint containing joint compounds j 35 MS JACKSON compounds on how 21 mix up the Objection vague product Are you 22 referring to at a job site or 221 MS JACKSON j mixed in the manufacturing 2 process Objection asked 331 MR BERGMAN Yeah thank and answered for that you 23 THE WITNESS I don't know There 4) Q. frames Does that work within your time 2 A. I just needed to step out for few minutes 3 Q. Okay Would you rather do it now A. No let's go ahead and finish what we're 5 doing .. MS JACKSON What again is the exhibit number MR BERGMAN I'm sorry Counsel It's 325 : Q. $ sir Do you know what this document . A. It says it's a Technical Bulletin Q. And were technical bulletins prepared by 't21 Kaiser Gypsum for the benefit of its customers ) re teal A. understand they were Q. And were technical bulletins Page 59 * { :: : clarification Counsel Q. How were the users of Kaiser Gypsum joint 3 compounds supposed to $ mix up the products i4 A. don't know ! 15 Q. Was there a manner in which i Kaiser Gypsum 6 joint compounds were supposed to be mixed : A. assume that there was some sort ) directions on the package on how to mix and what quantities ) with ; water to get and that varies to get the necessary 15 consistency that the craftsperson craftsperson would be looking for 12220 Q. Okay A. Beyond that I'm not sure ' you're asking 23 me what were 1241 directions on the bag to the best of my knowledge Now1 25 haven't committed those directions to memory we had a Page 61 t bag- bag- :(3? MR BERGMAN Q. Do you know that there were 3 directions on the back sir 14 14 ; A. I've been told there were |5 5 Q. Okay A. And was also told that there were warning ; 17> labels on the bags rag Q. I understand 5 MS JACKSON Are you close to the end of your 10 questioning | 251 MR BERGMAN Yeah am yeah Mr. Hobby ( Well I'm not but Mr. Hobby prepared by ':4: Kaiser Gypsum for the benents of the users of its products saat A. That's my 6 understanding Q. Is Exhibit the type of information that 2%: would have been contained in Page 55 to Page 61 ( 24 Q. Well our deposition and again ( I'm not Mr. 5 Hobby you're doing a great job our deposition notice ; sought ( information on how the use and application } of Kaiser 17 Gypsum joint compounds 415 392-0650 has been very patient and this ( would a fine time for ^break Counsel have some 14 things to say on the record but Mr. Hobby doesn't to be 5 balabored by that hid: THE WITNESS WITNESS Well I'd like to hear Tooker & Antz 05/20/00 13:24 RX NO.0435 P.011 02 09:52 KMESA 14104482368 NO.072 P012021 BSA Pickner them 27 MR BERGMAN Go ahead and take your break ! You deserve it 129 THE WITNESS Okay 201 THE VIDEOGRAPHER Do you want to go off the 21 record the video record at this time 27 MR BERGMAN Let's go off the record entirely '25) for a little bit 34 THE VIDEOGRAPHER Off the vs. Corning_ Joseph Ross Hobby 715 MR PETTY And how are you showing in this 035: deposition 171 MR BERGMAN Okay Let's break for a let's (12: just break for a second I'm using a video monitor showing /22) it to the witness It's not being dubbed onto the tape in 3 any manner izzy MR PETTY That's what I wanted to insure and 22 would like to make sure that is the case record at 29 a.m. Page 62 2 Brief recess 121 WHEREUPON PLAINTIFF'S | 1231 MR BERGMAN Yeah That the case and 24 that is the case 325 THE VIDEOGRAPHER Do you want to go off the EXHIBITS 14 THROUGH 1 17 WERE | Page 64 11/4/98 XMAX the intended manner in which Kaiser 4 Gypsum joint compound was mixed 17 A. have no direct knowledge of that As 1 indicated before the break you know I'm not 9 craftsperson 1 noted that the bags had direction on them 20 I don't know if those were gyp compound bags or not But 55:they had directions on them This appeared to be using a 22 mixer in one case appeared to be hand mixing in another 23 case It would seem logical that something along those 24 lines would happen But I'm not sure can answer your 25 question in the affirmative MARKED FOR IDENTIFICATION 3 THE VIDEOGRAPHER Back on the record at :) a.m. 8 MR BERGMAN Q. When broke Mr. Hobby we 7 were discussing Page 4 of your responses to interrogatories sa and we were discussing the manneirn which these bagged ) or dry joint compounds were mixed up and I believe that you :) had indicated that you didn't have absolute knowledge on 11 that We discussed with your counsel in recognition that a '22) long time has passed Sc I don't want you to at feel -3> like I'm pressuring you for an answer Mr. Hobby If you 24 don't know the answer to the question we'l just take it at 25 that and if your lawyers and us have to take something on is later on that's fine I just don't want you to think for obviously working 7 minute - you're very hard and you're in a c difficult position and I do appreciate that sir 15 What like to do atthis time Mr. Hobby 20 is show you a videotape that has been identified in this 12 case as one of plaintiff's exhibits and the videotape shows 2 mixing up some Kaiser Gypsum joint powder and first I'd just 23 like you to look at and then I'll have some questions to ask 24 you about it And that videotape is designated as Exhibit 25 14. And I'll have few questions afterwards to ask you Page 63 | 1 record 21 MR BERGMAN No let's stay on the irecord 3 MS JACKSON Can you identify for us where is: this tape came from if we don't have Exhibit 14 where the 5 tape came some from who made the tape Do you have 61 informational issues for us 7 MR BERGMAN Sure was a tape that was 9 made by Dr. Longo my : associate the tape it's on and 9 identified in the discovery in this case was my 10 associate has paired it down to about four or five minutes 12 but of course all of them are available and have been 2 available for your review 63 MS JACKSON Okay So this is an edited < version - 2 MR BERGMAN That correct 35 MS JACKSON - of a tape made by Dr. Lango 27 18 29 MR BERGMAN That is correct MS JACKSON Okay MR PETTY And I just would not necessarity 20 accept your representation that it's been produced in 21 discovery in this case because I believe I have propounded 22 Kaiser Gypsum specific written discovery to you for which 3 you provided answers and even supplemental answers but I do 24 not recall this videotape being described in any way shape 25 or form in those responses Page 66 1 Q. Is there anything that you saw in that tape 2 that appeared to you to be an incorrect use of a Kaiser 3 Gypsum joint compound 4 A. Again I have no direct knowledge of the use as 1 it was intended back at those particular point in time 5 think I could go out and take sack of most any powdered h product that was on the market today and duplicate that a scenario and guess you're referring primarily to the s airborne - 101 Q. No actually sir I'm not I'm not referring 11 to the airborne matter in that I'm referring more to the 1 manner in which the workmen or the individuals depicted in 23 Exhibit 14 poured the joint compound into the bucket and ta) mixed it up 25 MS JACKSON Insofar as the witness has not 6 seen this tape before we have made our best efforts to 17 comply with discovery requirements in the State of 13 Washington I think this is outside the scope of the 35 notice I think this lacks foundation and I wish you would 120 move along on some of these topics i221 MR BERGMAN Q. Would you like to see the 2 tape again sir 1331 MS JACKSON No spare me # THE WITNESS No no ( regarding that itt A. Is there anything I'm supposed to focus on Q. Why don't you just watch it and it's long about two +57 or three minutes ) A. Okay ~ Q. Watch it as best you can and if you want 7 see it again or something that's fine as well * MR PETTY Matt what videotape is this You 9 said something about Exhibit 14 12 tapes MR BERGMAN It's one of the MLS 22! MR PETTY I don't know that I've Geen ve 1 unless this is one that you showed in another deposition 112X MR BERGMAN It's not I haven't shown it in 11 a deposition Tooker & Antz \ Page 65 E MS JACKSON I guess insofar as it's an 2 exhibit to the deposition we would ask for the copy 3 reflecting the edit to be . give it to us 193 MR BERGMAN We'll give to you i That's fine 5 MS JACKSON Yeah Okay 6 Videotape being shown 7 MR BERGMAN Okay let's stop now like Q. First of all Mr. Hobby would you like to see '5) that tape again 20 Jo A. some point Right now 2013 Jia>> Q. Okay A. Until know ask after Q. Okay My question to you sir is after 1 reviewing that tape designated as to Exhibit 14 does that 5 appear you to be 415 392-0650 25 MR BERGMAN Q. was there Okay I guess Page 67 42 anything I understand this is 20 years later but based on 2 your knowledge and based on your preparation for this 3 deposition and based on our deposition notice was there (:} anything that you saw that the individuals on Exhibit 14 did in mixing that joint compound that appeared to you to be an 4 inappropriate or improper application of Kaiser Gypsum 7 products 9 MS JACKSON Objection Objection calls for 9 speculation This witness is not oifnfaeprperdopriate | I'm to testify about ) appropriate or methods to mix product and ir not going to let him answer that question 22 MR BERGMAN Q. Do you know Page 61 to Page 67 05/20/00 13:24 RX NO.0435 P.012 02/13/01 09:53 KMESA 14104492368 NO.072 = P013 ASA Pickner the : appropriate 097 Counsel are you instructing the witness not 23 to answer 318 MS JACKSON I am indeed 171 MR BERGMAN And the basis of that you ne would is that was not within the scope of the - 55 MS JACKSON Outside the scope of the notice 20 lacks foundation calls for speculation and we are not a offering him as a witness as to the appropriateness of the ) methods that whoever it was in the tape used to mix 23 products 1239 MR PETTY Matt you should know I'm in a 25 difficult position I can't see your videotape over the Page 68 vs. Corning Joseph Ross Hobby the steps and we've kind of 15 gone through one step of the mixing and now I'm Iwondaring 14 what the next step would be Iwondaring A. I'm trying to be responsive to you jss% Q. understand 59 A. You understand I'm not i craftsperson 120 understand the material was applied okay there may have (223 been a tape applied at some point in time There may have (22: been some sort of smoothing that occurred Depending on 23 what the final intent : for the wallboard may have been there 24 might have been some sort of a paint applied or texture 25 applied It would vary from each and every job would vary 11/4/98 XMAX 12/12 113 34 MR BERGMAN Q. 1964 to 1978 A. don't know what Kaiser Gypsum knew regarding 25 requirements for sanding a 15 Q. Okay I'm going to show you a little bit more 271 of Exhibit 14. I understand there will be some objections 18 to those and I'll have a few more questions to ask you 1 regarding that You need to turn on 2 120 i Videotape being shown 1211 1 MR BERGMAN Why don't we see if we can turn I the sound off 23 THE VIDEOGRAPHER All the way down 23 25 MR BERGMAN Yeah Okay That's fine ( phone and I'm a little surprised that you're using a tape 2 that you would not have produced to me before today 43 MR BERGMAN I thought you'd be here Ken 4 but- 5 MR PETTY So you intended to in surprise me 6 there today person Hi MR BERGMAN Q. Do you know Mr. Hobby e whether in mixing Kaiser Gypsum joint compounds it was * intended that the material be poured from sacks into tle: buckets I 1221 A. don't know about your use of the word 22! intended I would suppose that material may have been 1 poured but that would have been an individual decision by 5 the craftsperson craftsperson 65 Q. Are you aware of any instructions by Kaiser 15 Gypsum to its customers not to pour joint compound from a 2 bag into a bucket 118 A. am aware 119 Q. Can you now I'd now like to broaden my 20 questioning directing your attention to Page 4 once again of 01 responses to interrogatories to all six of the products 22 listed on that document and ask if you can describe how 23 once mixed Kaiser Gypsum joint compounds were applied to 24 walls of sheet rock 26 A. How they were applied Page 69 Page 70 > Now I don't know if that's responsive to you but trying 3 to be 2 Q. think it's quite responsive sir You 4 testified there was a smoothing that would go on this 5 process 16 A. There may be 7 Q. May be Can you describe what that smoothing 9 would have been 9 A. Well I think that can vary from a trowel 10 application a trowel to i basically take the lumps or often 11 when you put material like that on surface you know it 12 lumps or it tends not to be evenly applied You may may use a 23 trowel You may use a sanding device of some sort 4Q. What kind of a sanding device would have been 15 used 16 27 THE WITNESS Again that might -- MS JACKSON If you know XB THE WITNESS That would vary by application 19 MR BERGMAN Q. Was anticipated by Kaiser 2 Gypsum that dried joint compound would be sanded i{22: A. don't know the answer about what Kaiser 3 Gypsum's anticipation ; was 23 Q. Would it have been proper to sand dry joint x; compound 25 MS JACKSON Object to the use of the term : i Page 72 ia! Q. Mr. Hobby does the sanding process that was 3 depicted in Exhibit 14 appear to you as a representative of s Kaiser Gypsum to be a proper use of Kaiser Gypsum joint 4 compound 5 MS JACKSON Objection calls for 5 speculation outside the ken of this witness We're not 7 calling him and offering him to testify about the 8 appropriateness or the proper methods of the use in any 5 particular application I'm not going to permit him to 10 answer 11 MR BERGMAN Q. Does the sanding of joint 12 compound depicted on | Exhibit 14 Mr. Hobby appear to you to 123) be and I quote from the notice of deposition The intended 1 application of Kaiser Gypsum joint compound 15 MS JACKSON Same objection /328: THE WITNESS Am supposed to answer I've 17 gotten confused 08 MS JACKSON No. 5 MR BERGMAN You're instructing the witness 20 not to answer Counsel 4311 4311 MS JACKSON I'm sorry I'm making my 22 objection I did not instruct him not answer + 23 ; MR BERGMAN Okay 24 THE WITNESS I got confused me your 25 question one more time Give ; Page 73 : Q. Yes i Page 71 iia MR BERGMAN Q. I understand Gypsum 7 A. have no direct knowledge on * proper Vague sir Does the 2 sanding of Kaiser how they were (2: applied That would 2 THE WITNESS I joint compound depicted in Exhibit 0 14 be vary by craftsperson 3 circumstances would think in those - appear to be the intended application of that s Q. After Kaiser Gypsum joint _ where it in which I described product MS compounds were :) applied to sheets of was necessary to i<; smooth the i 3 MS JACKSON Lacks foundation wall what was the next step in 5 preparindgry ; applicati* on there would be some method THE WITNESS Well again I don't possibly or finishing the job for eventual painting using a trowel or possibly using know when t this film was made whether - A. Well again that might - sanding or something like 5 that to smooth out So it was made in 1970 or not 7 sort doubt 5 MS JACKSON Assumes facts not in it it may be proper it may not 7 { proper it or in that time frame that we're evidence =: On a general basis not all walls ( MR BERGMAN Q. talking 8 about So to the extent that this it may have been painted you 19 know Gypsum know that Did Kaiser film represents how is was done back :: MR BERGMAN Q. I'm just trying compound :: users of its joint then I'm not sure you know If sanding wa maybe you .:=. can jus 'you know I'm trying ( may use sanding as a process to smooth the dried material 1107 necessanercessyary to do the job cortainly the to work through the scenario 33: of how 1111 MS JACKSON I'm method that these 1 people used would JACKSON Kaiser Gypsum joint compounds were used going to object insofar as 12 what Kaiser be one way to accomplish that and I'm 37! trying to you know go through i There is no time frame involGveydpsum knew 12 MR BERGMAN Q. Okay One of the Page 67 to Page 73 topics 1 that we've designated has 415 392-0650 Tooker & Antz 05/20/00 13:24 RX NO.0435 P.013 02/13/01 09:54 KMESA 14104482368 NO.072 P014 BSA Pickner been sales of Kaiser Gypsum joint 24 compound in Portland and greater Vancouver area And can you was there any single entity that distributed your 16 products in those geographical areas 57 2 2 25 25 A. Entity I'm not ~ O. Company A. Oh I don't know but would assume not 201 MS JACKSON I'm going to object that it's 21 vague 30 MR BERGMAN Yeah I'm just trying to go 5 from the vague to the specific 24 Q. And how were joint compounds manufactured by 5 Kaiser Gypsum distributed in the greater Portland and vs. Corning Joseph Ross Hobby 12 MS JACKSON If you know { 231 THE WITNESS Well one two ways that 24 would imagine One would be that the consumer could go 15 ! supplier and buy that Or there may the contractor 16 assuming that's the consumer may buy directly from the i217) company Isa MR BERGMAN Q. Would Kaiser Gypsum sell car directly to users of Kaiser Gypsum would Kaiser Gypsum 20 joint compound be sold directly from Kaiser : Gypsum to 21 customers in the Portland and Vancouver area . 35 MS JACKSON Asked and answered Page 74 23 THE WITNESS I'm sorry what did 11/4/98 XMAX 13/13 on the greater area other than 9 what we talked about generally that there was distribution 22 in the that area in the years you've inquired about 12 MR BERGMAN Yeah and as I indicated this is 131 not an I area intend to spend much time on Are there have 24 you prepared Iminute let's go off the record for a 15 THE VIDEOGRAPHER This marks the end of a Videotape No. 1 Volume No. 1 in the deposition of Joseph 17 Hobby Going off the record The time is 11:46 a.m. 28 Discussion off the record 19 THE VIDEOGRAPHER We're back on the record 20 11:49 a.m. This * Vancouver areas 7 MS JACKSON Could you ask a foundational 13; question as to whether or you say 28 MS JACKSON I'm said it was asked and 25 answered You it answered marks the beginning of Videptape No. 2 1 Volume 1 in the deposition of Joseph Hobby not they were 4 MR BERGMAN Q. Yeah Were Kaiser Gypsum :) joint compounds distributed in greater Portland and 8 Vancouver area in the 1964 to 78 time Page 76 11 THE WITNESS Yes 2 MR BERGMAN Q. Okay Would those primarily 3 be large dry wall contractors 33 MR BERGMAN Q. Mr. Hobby in preparation 22 for your testimony here today have you reviewed some of the 24 job sites that Mr. Pickner worked at and some the 25 contractors that may have frame 7) A. Q. Vancouver Washington Yes sir = MS JACKSON Insofar as you've asked for 1 information outside the years that the manufacturer of these i products would involve asbestos I would object to that == MR BERGMAN That objection is taken 13 Counsel Let me rephrase that 34 Q. Were containing - well Gypsum were Kaiser 15 joint compounds manufactured by were Kaiser Gypsum 5 joint compounds distributed in Portland and Vancouver 17 Metropolitan areas between 1964 and 1975 +03 A. Yes wae Q. Okay And can you describe the manner in 20 which the products were distributed 21 st? MS JACKSON Objection vague THE WITNESS I don't know what you mean by 123 manner Did we sell them 3245 MR BERGMAN Q. Yes 25 A. Yes Page 75 uf Q. Would Kaiser Gypsum sell them to was there a it) wholesaler in Portland and Vancouver Metropolitan areas 3 4 A. don't know about the size of the s contractors 8 Q. Would they generally be dry wall contractors 7 as opposed to householders for small consumers 18 A. Well yeah I don't think we would normally :*) sell to the person putting a deck on the back of their house 10 or something But we would sell to contractors 11 Q. Okay Do you and by you I mean Kaiser 12 Gypsum have any knowledge of any of the contractors that 13 Kaiser Gypsum supplied joint compound to between 1964 and 114 1975 25 MS JACKSON 1 object insofar as you use the (34) word contractors I don't think we have any knowledge of 17 what these entities are What their businesses are is not 38 at this point knowable by us 19 MR BERGMAN That's well taken Q. I'd like to inquire whether or not Kaiser :) Gypsum has any knowledge of any of the customers that bought 22 directly from Kaiser Gypsum joint compound products in 23 the '64 to '75 time period 24 A. Yes I think we have knowledge 125 Q. What some of the some of the customers who supplied products to those | Page 78 , ( particular job sites i; A. Yes 31 Q. And can you tell me whether or ; not Kaiser 4 Gypsum supplied products supplied joint compound to any of 5 those job sites to the best of your knowledge 6 A. Yes 7 [ sir Q. And what job sites were those a A. There were none of 3) Q. There were none None the sites that 10 you reviewed indicated Kaiser Gypsum products were used 11 A. That's correct job nat MR BERGMAN Okay All right At this time 13 why don't take a break I'll indicate the exhibits | 2 want to inquire into and hopefully we can carry on 25 THE VIDEOGRAPHER Off the record at 16 a.m. 37 Luncheon recess 11:49 a.m. to 1:35 p.m. 18 05 247 -000- 25 0 1 77 23 Page 79 1 WHEREUPON PLAINTIFF'S , EXHIBITS AND 19 ic? WERE MARKED responsible primarily responsible for FOR IDENTIFICATION 3 distributing your 14 joint compound products in the '64 to 75 time period 5 A. The term wholesaler I'm not sure of There 6 were certainly suppliers Q. Okay Was there primary or a principal 8 supplier I guess let me try to put the question together : this way How would Kaiser Gypsum joint compounds go from : the get from the factory to the consumer the Portland (tt: area in the 1954 to '75 time frame Tooker & Antz Page 77 } ( purchased joint compound in the '64 to 75 period in 2 Portland to i=) MS JACKSON I'm going to object theres theres question as overbroad My understanding in our conversation 2 of yesterday you were interested in inquiring as Ito the 5 plaintiffj'obs site and suppliers that may or may have 7 supplied to those particuljaorb sites I think we're 8 prepared to answer those questions for you but are not 19 prepared to give you answers 4 AFTERNOON SESSION 5 November 1998 P.M. - 18 10001 7 JOSEPH R. HOBBY * having been previously duly sworn 191 testified further as follows 101 11 EXAMINATION BY MR BERGMAN RESUMED 10 13 THE VIDEOGRAPHER Back on the record at 1:30 4 p.m. 25 MR BERGMAN 0. Mr. Hobby you recognize 1 you're still under oath 415 392-0650 Page 73 to Page 7 05/20/00 13:24 TX NO.0435 P.014 - 02/13/01 09:54 KMESA 14104482369 NO.072 P015 BSA Pickner vs. Corning Joseph Ross Hobby eed A. Yes (itt; A. For users 1 12 2 Q. Okay you would please on Page 5 of your ) interrogatories I'd like to direct your attention to 20 Question No. MS STEELE What number { 57 Q. No in general ! 18 A. In general Yes would I say , there was an 15 awareness ! i 20 i Q. Okay When was that awareness E MR BERGMAN Question No. 7 H gained 27 Q. The question is post had to 21 A. don't know human Gypsum Kaiser Gypsum 24X State the date on which you learned > that asbestos poses a hazard to human == Q. Okay Wasn't there a time prior to the early 23 70s when Kaiser became aware that asbestos could 24 11/4/98 XMAX 14/14 247 Q. Okay Looking a little bit more at your 15 answer to Interrogatory No. 7 you indicate that Kaiser 111 Gypsum learned the 70s that users of some 7 containing products could be at a risk of inhaling is quantities of respirable asbestos fibers sufficient to pose 105 a hazard to human health 30 Was there some time prior to the early 1970s 21 when Kaiser Gypsum a health Page 80 pose a potential hazard to its employees 25 A. Yes became aware that larger quantities of 22 asbestos dust could pose a risk to human it) Would you please sir read the second | Page 82 is* paragraph of Kaiser Gypsum's response 4 A. Without waiving said objections 5 Kaiser Gypsum responds that it became aware 5 generally sometime that the 1970s the users 7 of some containing building products e could be at health excuse me could be at 5 risk of inhaling quantities of respirable 1 asbestos - fibers sufficient pose a ::-! hazard to their health potential 13 Q. I'm going to ask you a number of questions 3 sir concerning this question and the response to try to 4 flush out little better Kaiser Gypsum's position In 15 general it would appear to me sir would you agree t:3: that the answer to Interrogatory No. 7 relates to users of 17 containing products 22 A. Yes I would say that 10 Q. Okay I want to pose some ryy } a2 2 i Q. And approximately when - A. I've seen documents that would : lead me to 3 believe that they had } knowledge I don't know when they 0 | first had knowledge 5 Q. understand that okay I want to parse out 6 a mobitrmoe re if I could sir | your response to 7 Interrogatory No. 7. It indicates that Kaiser Gypsum became 9 H aware generally some time in the 70s that =| users of its 9 asbestos products could face a health risk My question to 10 you sir is can you be any more specific as to when in 1 | the 70s Kaiser Gypsum became aware i that users of its 12 products could face a health problem ( A. Well I don't know I have seen i a document 12+ where warning labels ! were put onto their products and 15 certainly that would be i guess a point in Itime certain * where there was an awareness questions to you 20 generally sir not with respect users of 2 containing products but asbestos in general When :: did Kaiser Gypsum become aware that asbestos in general 23 posed a potential hazard to human health REA A. aware When did they first become 126 Q. Yes sir 27 Q. Okay And we'll get to those documents later 18 sir but I represented to you that those documents are 9 dated 1972 would that be a fair statement 25 MS JACKSON I'm going to object as insofar 21 if you have a document that could help the witness then ) 22 would like for you to tell him He was not employed by the 23 company in those years and his Page 81 i. A. have knowledge is from documentary 2 review 25 MR BERGMAN1 understand that I understand 3) Q. Okay Was there time was i health 25 MS JACKSON I'm going to have to object that 24 the question is vague loverbad loverbroad 25 THE WITNESS I think I just answered that Page 84 1 with my last - the same answer would apply that the issue 2 the quantity of asbestos fibers is not something that I can 3 focus on I can focus on when we knew and we have least 4 one document that says that we knew in what did you say 5 1972 6 = MR BERGMAN Q. Okay 17 A. I've never reflected on the quantity I've B never seen a document that reflects on the quantity whether 9 there was more orless 28 Q. Okay And I'm not trying to mislead you in 1 any way sir I'm trying to understand a little better 2 Kaiser Gypsum's position and let me try to rephrase the 13 question and see if that helps It may it may not 14 would indicate to me from reading your response to 15 Interrogatory No. 7 that there was there is some 16 distinction regarding the quantity of asbestos in 27 relationship to the human health risk And I may have 18 misread your interrogatory in that respect in which case 19 please correct me in that regard But it would appear as 30 though from that answer that Kaiser Gypsum may have been 21 aware prior to the 70s that there a time that 3 Kaiser Gypsum became aware of hazards of asbestos in > that Page 83 people first general <; prior to the time it became aware 12 Q. So would be that users of its asbestos ( products could your testimony sir that at () the date and we'll peruse those face ^ health risk documents in a few minutes ; at the date : A. Well I would answer that in this that the documents were way i> guess Asbestos is not a new Kaiser ( generated by term in the dictionary 3 Asbestos was Gypsum relating to warnings on its products was the date on ( which Kaiser known way back a long time ago as being Gypsum recognized that its products could what it +:is So when our ( potentially pose a hazard to its became aware I can't answer ::0) that : customers but I don't know if that answers your i 12) A. Well I wouldn't characterize it question or 33 not I'm trying to say that : exactly as 5 you've said that I would asbestos wasn't hidden item 1 say that that's a point in time oi: where i necessarily have a document that identifies that at wt Q. Right And was there some prior to the :s early 70s when Kaiser : least at 111 that point in time there was ithat awareness Now whether or 122 not Gypsum became aware asbestos $ there was an awareness prior to that if could pose a potential hazard to human somebody could 13 show me health document then I would know Page 79 to Page 85 415 392-0650 a greater quantity of asbestos 22 would have posed a human health risk That may be 23 misreading on my part 24 A. Well all can tell you is don't remember 25 our thought process when we answered that interrogatory and Page 85 ) can't remember that there was a the issue what would have 3 caused us to use the word quantity 31 Q. Okay So as far as you're say concemed you could 4 just as easily that Kaiser Gypsum became aware generally 5 in the 70s 70s that its products posed a hazard to human health 1: and t issue of quantities is irrelevant 7 MS JACKSON I'm going to object insofar as 4 you want to rewrite the answers to interrogatories He's 11 not Tooker & Antz 05/20/00 13:24 RX NO.0435 P.015 02/13/01 09:55 KMESA 14104482368 NO.072 P016 BSA Pickner vs. Corning Joseph Ross Hobby going to give you a different answer than we've already 2 submitted You can ask your questions we can go from :::) there We're not going to reanswer the interrogatories one 22 by one 1231 MR BERGMAN That's not what I'm endeavoring 24 to do I'm just trying to document I guess the answer to your 10 question maybe is yes 21 Q. you could - 27 A. I don't know that they necessarily knew the 13 full scope and ramifications of what that disease was or is understand what the interrogatory 25 24 Q. That in 1965 the Kaiser means I'm not trying to rewrite them or rephrase them or 15 anything like that 1671 Q. Was Kaiser Gypsum familiar with Gypsum's knowledge of 15 mesothelioma was limited to the information contained in 26 Exhibit ? the term 18 TLV 5 5 A. don't know 20 Q. You can't say one way or the other whether 21 Kaiser Gypsum was 27 A. don't know that 18 MS JACKSON Absolutely does not your 19 characterization of his testimony is ~ incorrect aware of that 22 A. There may be a document 201 MR BERGMAN Q. I'm just asking think he 2 corrected me Did there come where the term TLV 3 is there Now a time subsequent to 1965 when 2 Kaiser whether or not they were familiar with Gypsum became more conversant with the that i241 term again I wasn't there concept of 23 mesothelioma 135 Q. And sitting here today you have 34 A. don't know the answer to that no knowledge Page 86 because in 25 order to be more I would ; have to know what the level was in * other than the documents as to whether or not Kaiser Gypsum 2 was familiar with that concept 37 A. No. No that's right 41 Q. Sir I'm handing you Exhibit 7. My first 5 question sir is that one of the documents that you a reviewed with your attorneys A. Yes is 2 MS JACKSON Let me just state for the record 5 that again this is one of the documents that was listed in (t+: the notice by evidently its first numbered page and with no 2 indication that subsequent pages would be examined on So 2 insofar as Pages 503 through 508 are attached we have only 33 seen them just today So he has not seen the rest of this 1 but he has seen this 5 MR BERGMAN O. Okay Mr. Hobby have you 6 let me just make sure I understand your counsel's statement : You have never seen before today Pages 503 through 508 of 1 Exhibit 7 1_91 A. I don't recall that I've seen them Q. Okay Have you ever testified before I regarding any deposition or court proceeding regarding c=) - exhibits :: A. No. ^'s Q. Pages 503 to 508 of Exhibit ? A. No have not Page 87 Q. Okay I'm going to ask you some questions : about Exhibit 7 you would sir let me ask you at what 3 date did Kaiser Gypsum became aware that there was a disease 4 known as mesothelioma A. I don't know te Q. Did there come a time did Kaiser Gypsum learn -) in 1965 that there was a disease known as mesothelioma 7 A. Well to the extent that that disease ': referenced in this Tooker & Antz Page 88 1 the first place And I've told you I don't know what the 2 level of knowledge was 3 Q. Did Kaiser Gypsum at any time understand that i) its products could potentially cause mesothelioma in the 5 intended users of those products 5 A. don't know 7 foundationMS JACKSON Absolutely no foundation to that a question 91 THE WITNESS You know we put warning labels 10 on our packages in 1972 believe it was you said That 1 would indicate to me that we knew that there was a health 22 hazard Now whether or not we knew that that health hazard 15 led to mesothe - | struggle with pronouncing it I don't know 35 MR BERGMAN Q. Well let me ask you this 16 Sitting here today what is what is Kaiser's position Kaiser 17 Gypsum's position on whether or not its products could have 18 caused mesothelioma 15 MS JACKSON Sitting here today this is a 20 company that is not in existence does not transact business :) and has no employees So sitting here today it doesn't have I a position on what products that it made 20 some odd years | 3 ago 4) MR BERGMAN Counsel I'm going to object to 25 the speaking objection And iJ understand that procedures in ! Page 89 a California may be different but that's an improper speaking 2 objection 3 Q. Mr. Hobby did Kaiser Gypsum's products joint 4 compounds pose a potential risk to causing mesothelioma 5 A. don't have personal knowledge of that 6 Q. What the position of Kaiser 415 392-0650 11/4/98 XMAX Gypsum as to 17; whether or not products caused mesothelioma B A. Well all I know is that the you know there 5 had been lawsuits in that | particular area and we've dealt 18 with them don't haven't been party to whether or not 11 we've admitted as a company that we our product the 12 cause of mesothe - say it again for , me 13 Q. Mesothelioma 14 A. thelioma 15 Q. Well let me ask you does Kaiser Gypsum admit 2 that its products could have caused mesothelioma 17 A. will admit that 28 MS JACKSON I'm going to object I'm going as to object only insofar as you're using a term number ( that he's clearly not familiar with the definition Number 2 two he's not medical expert You're calling for an 2 expert opinion from him That's improper 23 MR BERGMAN Q. Is Kaiser Gypsum - what is 24 Kaiser Gypsum's position as to whether or not 25 containing joint compounds cause cancer Page 90 1 MS JACKSON Objection it's overbroad The 2 word cancer encompasses a number of different diseases of :: different parts of the body Your client does have 4 cancer 5 MR BERGMAN He'd be surprisetdo here that 6 Q. What Kaiser Gypsum's position as to whether (7) or not products caused a cancer of the chest wall 8 MS JACKSON Objection lacks foundation 3 calls for calls for medical opinion I'm instructing him 10 not answer 21 MR BERGMAN Your instructing him not 22 - answer 13 MS JACKSON Absolutely 14 MR BERGMAN - whether or not product 15 whether or not the products manufactured and sold by Kaiser ( Gypsum cause mesothelioma in the intended users 17 MS JACKSON Absolutely Absolutely ri33)) MR BERGMAN And the basis on that Counsel 25 MS JACKSON That outside the scope of 30 the notice It calls for a medical opinion lacks : foundation He's not going to answer it 22 MR BERGMAN Q. Are you going to following 23 your counsel's instruction on that sir 241 A. Yes 75 Q. What is Kaiser Gypsum's position as to whether Page 91 1 or not products it's Page 85 to Page 9 05/20/00 13:24 TX NO.0435 P.016 02/13/01 09:56 KMESA 14104482368 NO.072 P017 BSA Pickner containinjoignt <2, compounds posed a hazard to human health when used as 12 intended 4 A. May have caused 5 Q. What you mean by that sir vs. Corning Joseph Ross Hobby understand that (23: we stopped : manufacturing asbestoscontaining products 1551 compound products at our Seattle plant around 1975 11/4/98 XMAX Q. right you could please look back , onon == Exhibit with me for a minute sir and I'm I'd like to 22 direct your attention to Pages 503 and 504 -- 5 A. Well my understanding is that asbestos 3 potentially can cause health hazards in people Okay So a we put 7 warnings on our labels - on our products to notify 5 people of that That seems perfectly proper Now to me 20 it's leap giant leap to go from that conclusion to what you're 21 trying to have me say here to you that yes there 15 definitely a causal factor between our product 13 specific disease I'm not in a position to here and 14 answer that affirmative Page 93 i MR BERGMAN Q. And that was ten years after ; Exhibit was drafted is / that correct ban aly? t dees ris A. That's right Q. Can you tell me MAM ve} A. I would point out that the second paragraph 6 does talk something about respirators and that sort of thing 7 were used begin 81 Q. Yeah When When did Kaiser Gypsum to warn 9 users of its product to use use lunderstanding 23 counsel a standing objection on that question If you 25 could peruse those two pages and tell me whether For not 55 there's any reference to any , statement that a prolonged and i | i Page 95 ! i :: substantial exposure to asbestos is n ecessary before 2 mesothelioma is i contracted contracted A. Maybe you can help me if you know if there is 1 such a mention jG? Q. Okay you could please look on respirators 15 Q. Just I understand your Okay testimony and then 15 we'll move on you think are not a position to say today at the whether or not containing joint such It's compound 18 manufactured by Kaiser counsel Gypsum causes mesothelioma hibs MS JACKSON Asked and answered _ = A. Well the document I have I you 1 provided for me this i afternoon was around 1972 I believe afterno n don't know if that's the first 23 MS JACKSON JACKSONJACKSON I would really would ask counsel 14 if you'd show him the | documents or give us the numbers to 25 to the Page 6 5047 A. iff! MS JACKSON I'm just going to object 9 document speaks for itself not a document that was 10 created by anyone from Kaiser Gypsum It's not authored by 21 21 a Kaiser Gypsum employee The document speaks for itself refer 2 MR BERGMAN Q. but this answer the question You can X25X MR BERGMAN Sure that's fine 2 He can read from it the testimony here prolongs 1 Yes Sometimes 17 know what it is 28 I'm handing you Exhibit 13 Mr. A MR BERGMAN Q. aware of 14 Sir are you 2; Q. You are not a position to tell us and 15 that's for counsel's any knowledge regarding the Hobby that 23 today No. 302 record Pickner case 24 A. That's right j 201 A. 1:35 A. Yes have knowledge of the -- 75 Q. Thank you Sir looking at can Yes sir Pickner case Q. I direct your attention to exhibit Q. Are when you tell me that ? you aware of Mr. rics! A. No. 13 Pickner was 117 diagnosed with Page 92 mesothelioma 2 sir what actions Kaiser Gypsum took in 23 24 MS JACKSON The- MR BERGMAN The one that you're 0 A. No in fact didn't know that Mr. Pickner had response to Exhibit 2 ? holding 25 sir 19 mesothelioma 3 MS JACKSON Again Exhibit with | 120 Q. Are you aware sir that Mr. Pickner was the 4 additional pages that we've just seen Page 94 21 diagnosed with over the break is 551 MR BERGMAN You havehave a MS JACKSON This 7 mesothelioma approximately 32 years after :) this Exhibit 7 authored standing THE WITNESS 13 was objection on e that Counsel MR BEROMAN Q. : 123 : A. just answered that didn't know 27 THE WITNESS Well judging from the i Directing your 4 Yeah 13 he had 24 mesothelioma cover B letter the attachments were { attention to Exhibit 13 sir in the middle of that document Q. Okay Moving along handing is 8,1 fnoarmwearddienddibvyidauaMlrs. Flicker a 19 number of it appears to be a wamidnogcwuaminmg enttha5 t cothrerreec'ts a , you Exhibit 8,1 sir 1271 MR BERGMAN Q. Who was Mr. 1g) A. Yes It's described Page 96 Flicker described as a caution ;7*} ask you whether 4) A. My review of the actually * me please sir you can identify that for organizational chart ii2! tte Q. Caution Okay Is that the caution indicates that that '2) Kaiser Gypsum placed on its i Doat MS JACKSON This is another of the had some role in the safety department products its 9 documents 3 with the standing objection to oer Q. After the attachments to products that containing joint the completeness issue to document 502 were 1 circulated to you previously ::5: testified 133i THE WITNESS Canlidentify Canlidetfy Canlidentify it Individuals in the company what action was rin, tase A. This | MR BERGMAN Q. Yes f! taken by Kaiser Gypsum in response is memo would indicate that A. In what respect that information the +23: information Q. Okay And if Q. Do you know what it is contained within that document don't tty A. don't know whether there read to me the is is you could please exact admonition that A. You just gave it to me No I know what 5. is was or was not any 178) further action was provided (4: A. Caution Contains mat) Q. Okay taken fibers asbestos A. It's memo 115 Q. Can you tell me whether or not Kaiser Gypsum :: stopped manufacturing "8 Avoid creating dust Breathing asbestos Q. Okay And is this again another memo from Mr. 13 Flicker containing joint compounds 27 dust (4) may cause serious bodily harm 8 MS JACKSON The document after Exhibit 7 was circulated throughout 9:* 0. You speaks for itself company then that ::3; would agree with me sir FD A. Yes it would appear to be 42) MS JACKSON Assumes facts not evidence nothing in this admonition says anything about respirators 17091 pis MR BERGMAN Q. And Mr. Flicker sir was an 17 individual 1:31 THE WITNESS No. - well 1 17091 you A. No. That's right I agree with at Kaiser who had some responsibility over 1251 Page 91 to Page 96 safety 415 392-0650 Tooker & Antz 05/20/00 13:24 TX NO.0435 P.017 02/13/01 09:57 KMESA > 14104482369 NO.072 P018 BSA Pickner 25 A. l understand that to be the case 20 Q. And Mr. Franklin am I correct sir was the 2 vice president of manufacturing == A. Oh and cross 23 charts that - I'd have to go back to the reference the organization 241 25 Q. Okay I'll hand you my copy A. Okay Page 97 72 MS JACKSON I'll just make an objection in ) that this document that you've handed him Plaintiffs 0240 3 is dated 1970 and the document you're inquiring on 1.965 41 would appear not to relate 57 FranklinTHE WITNESS Okay I see a Mr. P.J. 6 Franklin 71 MR BERGMAN Q. Okay If you would look a with me sir and if you could read for me the first full 9 paragraph of Exhibit 8 10 MS JACKSON The document speaks for itself chit MR BERGMAN Could you read that for me sir 12 A. Recent studies by medical authorities :: tend to show some possible connection between 124: inhalation of asbestos dust and cancer Be :: certain that all persons who work in the 15 vicinity of asbestos are wearing a proper 17 respirator approved by the U.S. Bureau of 23 Mines for asbestos dust 15 Q. Do you know what the purpose of the Exhibit 8 20 was who it was intended to go to } } } A. Well it would indicate that it was to go to 22 safety supervisors 23 Q. And do you know whether or not precautions 24 were taken in response to Exhibit 87 261 A. have no direct knowledge whether or not Page 98 2 precautions were taken in response to Exhibit 8 ty Q. Do you know whether or not Exhibit & pertains <3) to asbestos risks posed by or presented to users of Kaiser ** Gypsum products or employees of Kaiser Gypsum + MS JACKSON Assumes facts not evidence vs. Corning Joseph Ross Hobby response to Exhibit B regarding products 14 manufactured by Kaiser Gypsum 03 A. No not 16 MS JACKSON Assumes facts not in evidence 1271 MR BERGMAN Q. Do you whether or not 22 Kaiser Gypsum continued to manufacture know containing 1:4) joint compounds after Exhibit 8 was authored 20 A. Yeah to the best of my knowledge they did Q. And did Kaiser Gypsum ever provide a warning 2 suggesting that users of Kaiser Gypsum products wear a 23 respirator approved by the U.S. Bureau of , Mines 24 A. can't answer the word ever 25 Q. Let me rephrase the question then for you ' Page 99 ( sir Are you aware of Kaiser Gypsum ever providing any 2 warnings to users of its products that they should wear a 3 respirator approved by the United States Bureau of Mines 4 A. $ Q. I'd like '8 No I'm not Let hand you Exhibi9t sir Sir to direct your attention on Exhibit 9 to the bottom the 7 page regarding safety indicating that employees should wear 2 respirators when handling and weighing ; and batching e asbestos Do you know whether or not employees of Kaiser 201 Gypsum did wear respirators while handling weighing and 1 batching asbestos 12 A. have no personal knowledge I wasn't there 131 Q.Q. Can you tell me whether or not do you know 24 one way or the other whether Kaiser Gypsum required its 15 employees to wear respirators when handling asbestos ' 261 A. Well can assume that ifthis sort 7 safety warning was disseminated that they would have been s required to wear them = Q. Why would Kaiser Gypsum suggest that its 20 employees wear respirators and not suggest that its 21 customers wear respirators 2 F MS JACKSON Lacks foundation assumes facts 23 not evidence 24 THE WITNESS Well first of all I can 125 probably answer that in several ways : but my first thought 11/4/98 XMAX ;3) A. Well I've seen a number of documents coming :) mostly from the Safety Department And my understanding of '11; the way the Safety Department worked is it dealt with 3 employee issues not end user issues 12 Q. huh 1131 1131 A. So coming from the safety personnel various 14 documents that | you've given me and that have seen have 15 requirements that employees use respirators So I deduct 16 from that that there was an awareness by Kaiser a 17 potential hazard at least of asbestos raw asbestos 18 exposure Like said before the asbestos the term 29 asbestos has been around a long time 30 Q. So would it be fair to say sir that at least 2 as of 1969 Kaiser Gypsum was aware that its employees ( working around asbestos faced a potential health hazard 53 A. Well this is dated 1972 if you're making (2<: reference to this Q. Exhibit 9 I'm sorry sir I was referring to Page 101 ':2) Upper right 2 MS JACKSON Let's correct the date the 3) top of the bulletin It's 6/20/72 which cancels an earlier to document At the top You've got the wrong date 5 highlighted MR BERGMAN Q. I'm sorry sir Could you 1 please turn to Page 218 of Exhibit 9 : 3 A. I'm sorry I didn't hear you Q. Never mind Sir I'm handing you what has iit been marked as Exhibit 10 217 I'm sorry Counsel it's 333 ay MS JACKSON Thank you 23 MR BERGMAN Q. Did Kaiser Gypsum some :35: point become aware that the federal government was 15 considering banning asbestos from containing 5 building products tah A. don't know At some point in time 13 Q. hmm 19 20 : A. I don't know MS JACKSON Overbroad aware THE WITNESS When they became aware that the " government was considering doing something there's a 112 document says that you know I sms MR BERGMAN Q. Let me restate Page 100 1304} MR BERGMAN Q. Maybe if you the question :": Does Exhibit 8 draw any distinction between users of Kaiser * Gypsum products and employees of Kaiser Gypsum ih MS JACKSON The document speaks for itself con THE WITNESS No it doesn't draw a i 11 I'd be supposing of course my first thought on that is :31 that the hazard of handling weighing and batching raw 3 asbestos was known to Kaiser Gypsum What was not known was 14 the hazard of asbestos in an end product that may be used by 51 a user could look at :3: the document I just handed you Exhibit 10 for a second Page 102 142) A. Is there a sentence in there Why don't you :: help me 30 Q. you could look the third resi distinction ttn: MR BERGMAN Q. Do you know what action if ::5: any was taken in 5 MR BERGMAN Q. And what is the basis for 33) that understanding sir You indicated that - paragraph A. Third paragraph Well it talks about if 5 asbestos fiber is banned I Tooker & Antz 415 392-0650 guess it doesn't say by the a federal Page 96 to Page 10 05/20/00 13:24 RX NO.0435 P.018 02/13/01 09:59 KMESA 14104482368 NO.072 P019 BSA Pickner vs. Corning Joseph Ross Hobby government 7 Q. hmm So it would be correct to say that in 8 November of 1971 Kaiser foundation 5 Gypsum was aware that there was a whether potential that asbestos fiber might be banned from its 10 products = i) MS JACKSON The document speaks for itself 251 9 4221 THE WITNESS That's what it says MR BERGMAN Q. And I'm also correct sir 4 that as of in November of begin 1971 that Kaiser Gypsum at that 15 point was not providing any wamings to its customers 16 concerning asbestos content of its products 7 A. don't know when warnings were first provided i:2) to its customers sure me 1150 Q. Could you please look for sir on Exhibit 20 2 Page 5 your with interrogatory answers oat A. Exhibit 27 324 Q. interrogatory answers Yeah That's your was generated warnings 6 were not being | provided 7 MS JACKSON Lack of speculation te assumes facts not evidence B THE WITNESS Yes 20 MR BERGMAN Q. You want look at your 1 answer to 19 19 to Interrogatory No. 6 and you indicate 12 beginning in 1972 Kaiser affixed caution labels When i241 1972 did Kaiser affixing cautionary labels on its 14 products 251 A. don't know 28 Q. Any time within January and December of 1972 17 A. Yes I'm not exact science this is an 128 Q. Exhibit 13 you could look me on 39 A. Yes Q. We've previously discussed this esr 00 went into th A. Q. 0 A. Okay What page Page 5 Okay Now where document 21 First of all do you know who Mr. Toomey was 1221 A. don't know Mr. Toomey or understand he 23 may have been an | Therefore Page 103 . | Q. you could look at your response to 3 Interrogatory No. 6 327 MR PETTY Matt attorney But I've been advised by counsel 0 that that may be the case but have not personally seen his 5 name on any organization chart 11/4/98 put on there We know (4. case XMAX that that's the Q. But sitting here today you can say : warnings started to be plu on in January in '72 or September 7 of 119727 8 A. No can't MS JACKSON Asked and j answered 10 MR BERGMAN Q. Ifi could direct your ) attention sir to the last full paragraph on the first page = of Exhibit 13 it refers to a federal regulation regarding 13 labeling Could you read that paragraph sir 09 MS JACKSON The paragraph beginning with the 25 reason 16 MR BERGMAN Q. Correct 17 A. The reason for using the foregoing 18 label only for containing products 15 is that they are the only gypsum products 20 which federal laws at this time require be 23 marked The regulation effect July 23 7th 1972 every effort should be 35 made to immediately comply with it The 24 label should be applied by stencil stamps 25 stickers or whatever may the most nae be ioe MR BERGMAN Yes sir 420 MR PETTY This is Ken Petty I don't 1 Page 105 MS STEELE What exhibit number are 4 Page 107 mean 5 to unduly interrupt you but may I | you 2 looking at convenient means for prompt have an objecton may we 7 have an objection to all of your warnings questions 3 MR BERGMAN It's 302 4 MS compliance Q. Would it be fair to say sir after simply 8 because of the lack of relevance STEELE What page 5 MR BERGMAN First page reading 5 that paragraph that in September of 1972 Kaiser and not reasonably 9 calculated to lead to any admissible evidence in this 6 MS JACKSON To the extent there's a 4 not Gypsum was particular case I think :: 7 privilege issue if he is an attorney I'd like federal current compliance with the I Mr. 2 Pickner's you're well familiar with to preserve a that objection testimony regarding his 9 MR BERGMAN regulation 5 MS JACKSON think that's practice in terms of 30 reading warnings or 20 Q. Do Absolutely Counsel speculation and 6 lacks foundation instructions on the product packaging of you know sir whether well 71 if you ( could have THE WITNESS No I wouldn't say tart just iat other trades MR BERGMAN You certainly do is - you had a chance to look over Exhibit 12 prior to my that that was re fair to say that 5 MR BERGMAN Q. You couldn't have a 25 questioning of you standing objection on that subject matter Ken 23 14 A. looked over it yes MS JACKSON Insofar say one way or 110 the other 11 A. I could say one way or the wet : MR PETTY Thank you have Page 2 15 until the as we didn't other . I THE WITNESS didn't get your 26 break MR BERGMAN I = = Q. Okay Why didn't Kaiser question 0 - 27 MS JACKSON know Gypsum provide more itt: specific MR BERGMAN Q. Okay We itt) MR Okay warnings than the ones set forth on the first were discussing is whether or not at the BERGMAN Q. Okay Do you page 14 of Exhibit 13 time Exhibit 10 was ( know sir 19 whether warnings were 15 generated the :) applied to Kaiser Gypsum asbestos MS JACKSON Calls for | wmaermnionrgas ntdo uitms K1 aisecrusGtyopmserusm was providing products prior to the promulgation of 2 Ex0 hibit speculation assumes 25 facts not evidence concerning 1137 hazards of asbestos And I'd like you : F iit: A. 171 A. I don't know you would sir to look at Page 5 of your 23 1221 No don't know for sure Q. What is your best 15 Q. Was there a reason that Kaiser interrogatories and tell me whether or not understanding Gypsum did not 15 specifically provide that refreshes :::: your recollection on 1:23 A. don't warnings regarding the sanding its > I whether warnings were being provided in know What can tell : product -** November of 1971 you is have ( I've seen this 23 A. don't know document it says September 28th 1972 1 32 25 have no way of knowing this was the Q. Was there a reason that Kaiser Page 104 first a series of Gypsum did not 22) provide specific : A. Well this says beginning in oe warnings regarding the mixing of its dry 4 1972. there's :: a distinction between Page 106 joint compounds November of '71 and the beginning of 2 ( documents or 125 compunds A. I don't know Ws 1972 then I'll stand corrected not And I think that Interrogatory * Q. Okay So would it be fair to response to our :: No. state isometime that's why we said as we did that 3 . 21 Page 108 time sir that . least at the that Exhibit 10 isometime in 1972 there Q. Was there a reason why Kaiser Page 102 to Page 108 were warnings Gypsum did not 2 specifically warn the 415 392-0650 Tooker & Antz 05/20/00 13:24 RX NO.0435 P.019 02/13/01 09:58 KMESA 14104482368 NO.072 P020 BSA Pickner users of its products to wear a 3 respirator line 25 MS JACKSON All the line of questioning * lacks foundation calls for speculation and I'm not going !2) to permit him to answer any more of them 7 THE WITNESS I'll follow the advice of my 9 counsel 5 MR BERGMAN Q. You're not going to answer 10 whether or not that question sir 2 A. That's right 2st! Q. If you could look to Page 2 of ' Exhibit 13 13 taking into account your counsel's standing objection Was 14 the reason that more specific wamings were not provided 5 because they weren't specifically required by federal or 5 state law 1271 MS JACKSON Objection calls for : speculation lacks foundation assumes facts not 9 evidence 201 THE WITNESS I don't know isa) MR BERGMAN Q. Sir I'm handing you Exhibit 22 18. you could look at the second page of Exhibit 18. 1231 And Counsel that is No. 307 and 308. Is the warning on 24 the second page of Exhibit 18 the warning that you claim was 25 affixed to the bags of Kaiser Gypsum joint compound Page 109 12 MS JACKSON Object to the characterization 2 the testimony as a claim These two pages 308 and 309 3 have not we've not seen them before 14 THE WITNESS I'm not sure what vs. Corning Joseph Ross Hobby 14259 Q. Okay Is there any other } document that you ( Page 110 1 are aware of besides Exhibit 13 on which you rely in your 2 testimony that Kaiser Gypsum began placing warnings on its 3 products in 19727 4 MS JACKSON I'd just like to state he jis not 5 in a position to state all the documents that are available 5 to him or have been presented to him he cannot testify Ito ( which exact documents what inumbers what dates where that a information came from 9 MR BERGMAN I understand that Counsel and 10 I'm just trying to - IX Counsel MS JACKSON We've provided you with 12 discovery You've given us documents We're trying to 3 discuss those here but 24 MR BERGMAN I understand that Counsel and IS what I'm just trying to do is ascertain whether there are 16 other documents other than the ones that we've talked about 27 and reviewed here today that have not be provided to me that 18 I'm not aware of that support Kaiser Gypsum's position that 25 it began administering warnings in 1972 20 21 A. don't know if there are any Q. Okay Sitting here today you're not aware of II any 23 A. Sitting here today that's right Well 1 24 should say to the best of my knowledge I've provided you 25 everything I that have 11/4/98 XMAX ' Page 112 2 A. You know and at some point in time I may have 2 read a document that somewhere in there said something about 3 that you know But as I sit here today you know I can't (4) go back and say okay it was a document dated X date and 5 such and such and then i gave it to you or I didn't give it to you rephrase Q. right Okay Let me then just rephrase 8 my question and it may be . repetitive I thithninkk can sum 9 up and move on Sitting here today you are not aware of any 10 other documents other than the ones you've testified to that 21 support Kaiser Gypsum's contention that it began warning in a 1972 1 13 i i MS JACKSON I'm just going to 4 object that it 14 mischaracterizes his testimony You can explain to him 25 THE WITNESS Well it that's - you know I'm 15 trying to understand the breadth of your question and I take 7 it in good faith and the answer to that is yes | mean | 1 haven't tried to withhold anything 329 MR BERGMAN Q. I understand that sir 20 After in addition to placing warnings on 01 containing i products what other steps did Kaiser 2 - Gypsum undertake to warn the users of its products the 3 dangers of asbestos ; 24 A. I'm not aware of any others 25 Q. Can you tell me whether or not sales j Page 113 you're asking 5 me Are you saying are you trying to determine whether 8 this warning is somehow different than this one here 3! MR BERGMAN 0. I'm just asking is the text a of Page on Page 308 the warning that was affixed to Kaiser s Gypsum joint compounds 10 was A. To the best of my knowledge it 11 Q. Okay And my question to you sir is what is 2 the basis of your knowledge that Kaiser Gypsum began 25 waming began affixing warnings to its products in 19727 \ a) A. The documents that have been presented by 15 my counsel yourself and by 14 Q. Okay And what are the documents that you :: have been presented by myself and your counsel on which you '.2! base your testimony that Kaiser Gypsum provided warnings of i its Page 111 1 Q. Okay " 4 3 A. I didn't exclude anything Q. understand that sir Yeah 4 A. didn't mean to imply by that answer that 5 - Q. No I didn't take it that way at all sir ( I'm just trying to understand what evidence Kaiser Gypsum is 3 relying upon in this case and I think you've testified that ( so far as you know the documents that we've been discussing 10; here today are the documents that Kaiser Gypsum bases its 111 testimony regarding the date on which warnings were 2 administered 13 MS JACKSON But that's not the exclusive 14 set I mean I don't think he FY if knows if there are others out '<) there that we haven't talked about today that he may have 15 seen in the past that provide the basis for his opinion : don't think he can tell you that That's what you were 13 saying is that correct | 1 representatives orally communicated warnings to customers 2 13 MS JACKSON Calls for speculation THE WITNESS I've not been advised that they 4 did or they didn't 5 MR BERGMAN Q. So you don't know so the 6 only step that Kaiser i Gypsum undertook to warn its customers ( " of the dangers of asbestos was placing warnings its 3 products some point in 19727 \ 18) MS JACKSON Misstates his testimony 30 THE WITNESS It's the only one that am tll} aware of 32 MR BERGMAN Q. Sir I'm handing you Exhibit :) 16. First of all sir Mr. do you know who Kirk is ) should say Mr. or Mrs. G.B. Kirk Mr. or Ms. G.B . Kirk . \ 25 A. I saw that name on one of the organization ( charts 27 MS JACKSON I believe we've also containing products in 19727 123 A. Well wouldn't hope you wouldn't expect me 22 to regurgitate a laundry list but have one document that's 22: in front of me You handed me Exhibit 13 120 C. Which is dated in 19727 47 MR BERGMAN Well please don't testify for 30 your = iit) MS JACKSON I'm not I'm just [trying to == explain it to move this along 82) THE WITNESS If you want me to respond 2 further I've read a lot of documents provided it ( to you in answers to interrogatories }ia71 MR BERGMAN Okay = THE WITNESS Without having that chart 21 front of me seem to recall that it was he was the R & > D department 124. A. Yes Tooker & Antz 251 MR BERGMAN Q. Iunderstand 415 392-0650 23 i MR BERGMAN Q. Okay Sir if Page 108 to Page 113 05/20/00 13:24 RX NO.0435 P.020 || 02/13/01 09:59 KMESA 14104482369 NO.072 P021 654 Pickner vs. Corning Joseph Ross Hobby you could 24 take a minute to peruse or a long as you want really to 25 peruse Exhibit 16 and I'll ask you some general questions art) a A. I'm aware of any By the same token 1 22 mean one way or the other I don't know whether there was Page 114 [ regarding it (21, MS JACKSON Take as much time as you need to 3 read it } MR BERGMAN Yeah please do And of S course counsel has a standing th any testing done 124 Q. You know okay And are you aware of 29 Kaiser Gypsum being provided with any testing of joint i I Page 116 compounds in general regarding levels of 11/4/98 XMAX 20/20 16 that refer or relate to any :. tests of Kaiser Gypsum products for the benefit of lend 24 users 'i281 A. I think wees answered that The - answer is no j 1 Page 118 Laws bist MR BERGMAN Okay I think I'm almost done 2 Why don't we take a break objection Q. And if it's helpful Mr. Hobby I'm going to 7 be directing questioning - E A. Yeah I mean this is a lengthy document four 19 or five pages it's hard for me to focus on what you might 10 ask me Why don't you proceed 4119 Q. I'm going to be focusing my questioning :) basically on the first and second page and then Page 499 if 5 that's helpful to you 25 A. Please ask your question and if have to take 15 more time I will 24 Q. direct 27 Fine Please do that First of all I your attention to the upper hand comer of Exhibit 16. 1155 I indicates that the document confidential Do you know 15 why Exhibit 16 would have been confidential 1207 A. No and in fact don't know that that was a 21 can't tell from that that it was an original part of that 22 document It may not it may have been added later . 23 Q. Are you aware of any testing of Kaiser Gypsum 25 joint compounds prior to 1974 to determine the levels of 25 airborne asbestos from the use of said airborne asbestos 10 fibers 3 MS JACKSON Could you restata your question 4 please 5 MR BERGMAN Q. Absolutely You previously 6 testified I believe Mr. Hobby that you are not aware of :7) any tests prior to 1974 of Kaiser Gypsum compounds to * determine levels of asbestos fibers jposed by the users of (2) Kaiser Gypsum products My question to you is are you aware 10 of Kaiser Gypsum receiving any information regarding tests 21 performed on other manufacturers joint compounds regarding 12 airbome asbestos levels prior to 1974 23 24 MS JACKSON If you know THE WITNESS I don't know It's a but from long 25 question from it have no (22. what I gathered knowledge of any testing that was going on regarding end 27 users 18 MR BERGMAN Q. can understand 19 your testimony then so far as you know the first testing 20 that was performed for the benefit or regarding end users 21 was in 1974 22 MS JACKSON Assumes facts not evidence 3 THE VIDEOGRAPHER Off the record at 2:37 p.m. 4 Brief recess 5 recod THE VIDEOGRAPHER Back on the record at 2:51 6 p.m. record MR BERGMAN Q. Mr. Hobby did there come a 191 time when Kaiser Gypsum stopped using asbestos in its joint * } compounds 20 A. Yes 21 Q. And when was that 12 A. Well in the Seattle operations it was around 13 1975 | 24 Q. How about company wide was there a time in 15 which asbestos was completely phased out of joint compounds 16 that were manufactured and sold by Kaiser Gypsum 27 A. understood it was about the same time in the 128 rest of the company as well and certainly the company 25 basically was out business by 1978 1201 MR BERGMAN Those are all the questions) 22 have at this time Thank you 22 MS JACKSON Any other products Page 115 E A. Any testing of joint 23 MR BERGMAN Q. The first testing that 20 you're aware of 25 MS JACKSON Overbroad questions 23 THE VIDEOGRAPHER This is the end of the 24 deposition of Joseph Hobby The total number of videotapes 25 used is compounds Page 117 2. All the original videotapes will be held at 2 Q. Correct i000 A. Q. For airborne Correct 5 A. don't don't wouldn't be aware of any 5 test that you would do on compound to test for airborne 7 Q. Okay okay Are you aware of are you aware :5) of any testing that Kaiser Gypsum conducted prior to 1974 to 19 determine whether the use of its joint compounds exceeded 10 the threshold limit value of airborne asbestos A. Not the use of it I am aware of some testing .:2) that was done in our plants by an industrial hygienist to i i3t+ THE WITNESS Does this document say there was 2 a test 1974 3 MR BERGMAN Q. If you could tum with me * please to Page 499 15 A. Yes |pf) Q. Did Union Carbide tests conduct of Kaiser 7 Gypsum joint compounds 9 MS JACKSON The document speaks for itself Hitt THE WITNESS This document says j that it's the 10 result of tests with KAGC compounds by Union Carbide ift23) MR BERGMAN Q. And are you aware of any 12 tests prior to 1974 2531 A. This doesn't - Page 119 1 Tooker & Antz 818 Mission Street 5th Floor San Francisco 121 California 94103 Telephone area code 415-392-0650 Going 3 off the record The time is 2:52 p.m. 9 MR PETTY Before we go off the stenographic 5 record can we confirm the witness is going to reserve 8 signature {Uy MR BERGMAN Absolutely ie Whereupon the deposition was concluded at ( 2:52 p.m. 191 21 2 123 . 14 15 SIGNATURE OF WITNESS 16 determine exposure asbestos exposure 249 Q. Of your of Kaiser Gypsum's 23 MS JACKSON Objection overbroad 27 25 18 29 0 25 25 tes 24 employees wees A. Yes Q. Okay Okay But your testimony though is ; that you're not Kaiser Gypsum is not aware - well prior ie to testing 1974 did Kaiser Gypsum conduct any its .:3) products to determine the exposure level of its customers to 20 asbestos fibers Pane 113 in Pane 119 25 THE WITNESS This doesn't say when the tests 5 may or may have occurred 667 MR BLACK What was the exhibit number of ize: that document ES MR BERGMAN I'm sorry it's 495 td H MR BLACK Thank you 120 MR BERGMAN Q. Are : ' you aware sir of any 22 documents other than Exhibit t 14451 EEN 05/20/00 13:24 RX NO.0435 P.021 09:38 14104 82368 NO.071 P002-006 \ 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 1 2 IN AND FOR THE COUNTY OF KING 3 ovrnrrreee MARILYJN . 4 JOHN E. CRUM and MARILYMANRILYN J. ccccweresanas verse S CRUM a married couple 6 7 THE E. J. et al B " 10 ' Plaintiffs No. No. 98-2-24915-35EA BARTELLS COMPANY . - , Defendants ; et trot } reenter eee eee ee seewemene 11 Videotaped Deposition Upon Oral Examination of 12 13 BRENTWOOD CROSBY 14 15 10:a 20.m. '76 January 19 1999 Seattle Washington 17 18 Seattle Seattle , Washington WashingtWaoshington n 19 20 21 22 23 24 Cheryl Macdonald CCR 25 LicenCourtseReNpoo.rtHeArCDOCA457LC 3 z INDEX 3 EXAMINATION 4 BY MR BERGMAN 5 ee ee ee es 2 ee 2 eee PAGE 5 ^' EXHIBITS MARKED 7 PAGE Exhibit Nos 8 1 =7 ... ieseeeeeeecenceweterees 9 10 11 Exhibit No. 8 Kaiser Gypsum Kaiser Gypsum occa ccaccenecnecs ee nn 21 1 ee No. ...--.....05 eee No. 2 e esac oo csc. s caus neereseeee 66 12 13 13 14 15 16 17 18 98720 98720 98720 98720 98720 24 D APPEARANCES 1 N 2 1 Deposition 7. Marked Exhibits 1 Deposition Exhibits + 4 3 FOR THE PLAINTIFFS 4 5 6 MATTHEW MATTHEW BERGMAN At orneys Attor5n3ey0s0 Washington Seattle SeattleSeattle , atAvenueAvenue Washington Washington Washington 98101 Z THE VIDEOGRAPHER My name is Keith Payne 3 My address is 2127 Second Avenue No. 305 Seattle 206-233-1306 4 Washington 98121. My phone number is 5 I'm the video specialist for Royal Video Video Productions Productions 7 FOR CCR DEFENDANTS B ? 10 FOR OWENS CORNING FIBERGLAS FIBERGLAS 11 12 13 POR E. J. BARTELLS CO 14 15 16 FOR RAPID AMERICAN and W.R. GRACE 17 18 19 FOR KAISER GYPSUM . 20 7232 7232 and Suite Pacific WINDER Avenue AttornAtetoyrney WEBB III Law Tacoma Washington 98401 Attorney C. Atorney GARDNER 2200 SixthSixth Avenue Seattle Washington 98121 CHERYL ZAKRZEWSKI Attorney 700 At orneyAt orney at Law Fifth Avenue Suite Seattle Washington 98104 VALERIE Attorney at law Suite 4100 Seattle Washington 98101 KENNETH E. PETTY Attorney at Law 410Un0ionUnionUnion Square Seattle Washington 98101 principal 6 whose principal business place of business is is 950 Northwest 7 Firwood Boulevard Issaquah Washington 98027 Royal 8 Video's phone number is 425-391-6809 > I'll be the operator of the video equipment equipment 1010 for 11 videotaped at deposition deposition Brent the of of Brent Weinstein Brent CrosbyCrosby beingbeing the offices of Weinstein and Bergman 12 1201 Third Avenue Seattle Washington The caption 13 of the case is John E. Crum and Marilyn J. Crum vs. 14 The E. J. Bartells Company et al is The case number is 15 98-2-24915-3 SEA videotaped deposition being 16 This videotaped This 17 on behalf of the plaintiffs deposition is being is taken Today's date is January 18 19 1999. The current time is approximately 10:22 19 a.m. Will the attorneys present please identify 20 themselves 21 MR BERGMAN Matthew Bergman for the 7232 7232 25 ALSO PRESENT DEAN PAUL J. GAMBA 22 plaipnlatiintfifff Attorney at Law 580 California Street 15th Floor San Francisco California California California 94104 23 24 plaintiff plaintiff MS PAGELER Meg Pageler KEITH PAYNE Videographer 25 MR . PEPTETTTYY Ken Petty for for MOBURG & ASSOCIATES 06 622-3110 for the defedndeantfendant Pages Kaiser Kaiser 1 to 05/20/00 13:18 RX NO.0434 P.002 02/13/01 09:38 KMESA CRUM V. E. 14104482368 J. BARTELLS CO ET AL NO.071 NO.071 BRENT CROSBY P003 1 0 And what job sites did you personally 41 2 visit 3 A. Well commercial and the residential both 4 a, Sir was John Crum an effective salesman~- 5 for 6 Kaiser A Gypsum He was products a very very effective salesman 7 He was what in the trade you'd call a salesman's salesman or a customer salesman g Q. And in your experience and in your 1010 supervision of Mr. Crum what made 11 A. . Honesty integrity and him so he was effective just on the 12 job when he was supposed to be fulfilled all our 13 requirements of obtaining customers and the sale of 14 the products 15 0. Did Mr. Crum receive any awards from Kaiser 16 Gypsum for his sales activities 17 A. well this is an indication here 18 indicating 19 Q. That's -- you're painting to Exhibit 2 20 A. Exhibit 2. That's when John was receiving 21 the salesman of the year for district Z. 22 0. And were you present at the ceremony when 23 he was given this award 24 A. Right 25 Q. I now want to ask you some questions sir 1 work on the houses that Mr. 2 know Crum constructed if you 3 MR PETTY 4 Lacks foundation Object to form of the question 5 A. Well when he first got going John and his ^son more or less did the hanging of the board taping 7 texturing themselves and then as he went on in the 8 business built some bigger places his own home for 9 example he would hire that done by local contractors 10 that he knew 11 0. And sir do you know what drywall products 12 Mr. Crum used when he was doing his own taping and 13 drywall work 14 | 15 question MR PETTY Object to the form of the Lacks foundation 16 A. Well he would use Gypsum wallboard then 17 tape and texture and apply acoustics where necessary 18 Q. And where would he get his supplies if you 19 know Let me ask you do you know where he would get 20 his supplies 21 A. From one of his distributors 22 a. And do you know what brand of drywall 23 joint compound and finish compound he used on these 24 houses 25 A. Kaiser concerning 1 concerning some of the other work that Mr. 42 did Crum did when he wasn't selling Kaiser Gypsum products And I 2 guess my question to you sir Gypsum 4 testified extensively that Mr. is did Mr. Crum -Crum sold Kaiser you 1 2 question 3 0 4 A. MR PETTY Object to the form of the lacks foundation 1'm sorry sir what was your answer Kaiser 54 products Do you know whether or not Kaiser Gypsum products A. He used them personally personally 0 And how was that sir A. Well John built some spec Mr. Crum used houses in Washoe 5 - 6 break 7 A. 8 g Thank you Do you want to take a short Yeah I'd like to THE VIDEOGRAPHER Off the record at 11:23 Recess 10 Lake Nevada which is between Reno and Carson City 10 MR PETTY Counsel can I just interpose 11 THE VIDEOGRAPHER On the record at 11:40 Q. Mr. Crosby at the time that John Crum was 13 17 19 2 223 24 an objection to lack of foundation Q. Go ahead MR PETTY Go ahead John A. was It was the type done with my full of guy that if he knowledge because wanted to do some work on one of these houses he'd be out there at 3:30 4:00 in the morning and be ready to go to work on his normal sales jobs normally by 8 8:30 in work all day and then work evenings Q. First of all how do you know the morning that Mr. Crum constructed houses on the side A. Well I visited most of his units when I'd be up there working with him 0 And who would do the taping and drywall 12 13 14 | 15 16 17 18 19 20 [ 21 22 23 24 25 working for you selling Kaiser Gypsum joint and finish compounds were you aware that those products contained asbestos - No. + Did there come a time sir when you had any concerns regarding potential asbestos content in Kaiser Gypsum products A. Yes Sir can you describe approximately when that was that those concerns developed developed A. Probably the late 60s '69 to '70 yeah a, And can you describe what caused you to be concerned about asbestos in Kaiser Gypsum products A. Well we had customers and contractors and DEAN MOBURG & ASSOCIATES 206 622-3110 Pages 41 to 05/20/00 13:18 13:18 TX NO.0434 P.003 02/13/01 09:39 KMESA 14104482368 ---- ---- ---- ---- ---- www se = =-com wr ee or wee NO.071 1 applicators that ^finour products 2 asbestos asked and I us outright if we had asbestos wasn't knowledgeable of any 4 Qa. And what if anything did you do in response 5 to those customer inquiries A. I think in about 1970 I went to George 7 Kirk B Q. And who was Mr. Kirk sir A. He was the administrator of manufacturing in northern California well I think for the whole 1111 company 12 Q. 13 A. but in our area Did you speak to Mr. Kirk sir I talked to George and I said 1414 getting questions from customers and do we asbestos in our products George I'm have any Q. 96 sir 17 A- And where did this conversation take place In the Kaiser Center on the 24th floor 19 a, And approximately how far was Mr. Kirk's 47 nw A. No we don't have any accessories in our -- any asbestos in our accessories 3 0. Raffaelli After you were told by Mr. Kirk and Mr. that there was no asbestos in Kaiser Gypsum's products what if anything did you do 5 A. Well at that point it was just about the 7 time we had a district sales meeting coming up So at 8 the sales meeting question came to me from some of the salesmen do we have asbestos in our products and I 10 said to my knowledge no I checked with George Kirk 1010 and with Al Raffaelli 11 0. What was the general reaction of your sales staff upon learning that no asbestos was contained in 14 Kaiser Gypsum products 45 MR PETTY Object to farm | Can we try to 16 slow down the questions and then the answers 17 MR BERGMAN I'll finish my question 18 you'll object then we'll go on 19 MR PETTY Yes office from Mr. Costa's office 14 A_ Well probably 100 150 feet o. And what if anything did Mr. Kirk tell you in response to your inquiries concerning the presence of asbestos in Kaiser Gypsum products 20 MR BERGHAN So let me try again with my question 122 Q. What was the reaction of your sales staff 23 when you told them that there was no asbestos in 24 Kaiser Gypsum products . MR PETTY Object to form calls for 46 hearsey Q. What did Mr. NM that inquiry Kirk tell you in response to 4 MR PETTY Same objection 5 A. We did not have asbestos in our products 6 G. I don't understand sir 25 1 2 3 A. 0 knowledge MR PETTY Relieved And why was Objection that sir calls for heersay 48 to the best of your 4 A. Well because if you -- 5 MR PETTY Objection Lacks foundation 6 Calls for speculation B A. In our accessory products Q. What did Mr. Kirk tell you g A. When I asked him -- MR PETTY Same objection A. I asked him if we had asbestos in our 12 products because we had had inquiries from our customers and he said no So then I went to Al 7 A. 8 would be g Q. If you had asbestos in your product it negative towards sales and Did you have any discussions with John Crum 10 concerning presence of asbestos in Kaiser Gypsum 11 products 12 A. He attended the meetings 13 we discussed that the meeting that Raffaelli who was the accessory specialist in the 14 manufacturing of accessories at Antioch and -- 0 Where did that conversation take place 14 0. And what if anything did you tell John Crum 15 concerning the presence of asbestos in Kaiser Gypsum 16 products A. 17 Q. 2 A. 20 0 21 A. asbestos 2223 Qo. 2424 25 hearsay At Antioch at his laboratory And approximately when did that take place It was 1970 I think And what did you say to Mr. Raffaelli Raffaelli I asked him said Al in our accessory products is there any And MR what did Hr Raffaelli say to PETTY Object to form calls you for 17 A. That according to the research and 7 18 development department the manufacturing we did not 19 have accessory -- asbestos in our accessories 20 --fl. And what was John Crum's reaction upan 21 learning this information 22 23 hearsay 24 A. MR PETTY Object to form Calls for Relief 25 Q. Can you be a little more specific Pages 45 to 48 DEAN MOBURG & ASSOCIATES 622-3110 P004 006 a 05/20/00 13:18 TX NO.0434 P.004 02/13/01 09:40 KMESA > 14104492368 CRUM V. E. J. BARTELLS CO ET AL NO.071 BRENT CROSBY P005 1 MR PETTY Objection to the form 49 Calls 2 for hearsay and speculation A. Relief insomuch as -- 4 a. Let me rephrase the question for you Mr. 5 Crosby and understanding that counsel has a standing 6 objection What did Mr. Crum tell you after you told 1 aA, 51 a. Mr. Flicker was on the 24th floor I think he was there and at Antioch 3 S. Now if you could just go down the 4 individuals we just have initials there if you could 5 tell us who they are and what they did for the 6 company to the extent that you know 7 him that there was no asbestos in Kaiser Gypsum - 7 A. This is Robert Allgood He was the plant 8 products A. 10 tell them 11 products Well that that we did he would not have go to his customers asbestos in our and 12 0. Mr. Crosby I'm going to hand you what's 13 been marked as Plaintiff's Exhibit No. 4. And I'm 8 manager of the Antioch plant And Caprye I think he 9 was involved with the Seattle plant Jack Cassidy was the manager of our Firtex plant in St. Helen's Oregon 11 where we made softboard products Chambers I think 12 was back east I think Dicks was back east I don't 13 recognize this one ee 14 going to put on the easel a blow of page 1 of 14 a. That's Mr. Homan et 15 Exhibit 4. When was the first time sir that you saw 15 16 Exhibit 4 this document 16 15 Mr. Homan a. Okay 17 A. Oh I 18 four months ago think it was probably about three to 19 0. And prior to seeing Exhibit 4 did you have 20 any knowledge as to whether or not asbestos was 21 contained in Kaiser Gypsum products 22 A. No. 23 " What was your -- prior to viewing Exhibit 4 24 what was your understanding as to whether or not 17 A. Modaff I think was at St. Helens P. D. 18 Orleman was -- he replaced Bob Allgood as the manager 19 of the Antioch plant This one I don't recognize 20 indicating What's that boo 21 0 Traub 22 A. Traub I think he was east coast This is 23 Jim -- J. H. Walton indicating 24 Walton I don't really know 25 asbestos was present in Kaiser Gypsum products 25 This is Richard Wiborn indicating He 4 A. Well as I had stated the proper people in 2 my mind said we didn't and so I took it at face 3 value This letter was shown to me by counsel from 4 San Francisco at my home in Walnut Creek 5 Q. Sir I'm going to ask you some questions 6 about Exhibit 4. And what I'd like you to do sir is 7 if you could stand and take the pointer and I'm going 8 to ask you to identify the individuals identified in 9 that or named in that 1965 document starting with L. R. Flicker on the right 1T MR PETTY Counsel can I just clarify 12 what is Exhibit 47 Is it a one page that's up there 13 on the chart or is it multiple pages 14 MR BERGMAN The document on the -- the 15 chart is the first page of Exhibit 4. The exhibit for document 16 purposes of this deposition is the entire 17 My inquiry is going to be restricted to the first 18 page 19 MR PETTY Thank you 20 0 Sir first of all could you tell us who L. R. Flicker is 22 A. 23 engineer Leonard Flicker in my mind was our safety 24 0 And where did Mr. Flicker work 25 A. Out of the Kaiser Center on the 24th floor 1 was - what did Dick do At that time in 1965 I don't 2 know what Wiborn was attached to at that time 3 And then this is Sam witt indicating 4 Samuel Witt he was the plant manager of the Long 5 Beach plant Paul Franklin was president of 6 production George Kirk was our research director 7 Q. And sir was the George Kirk on Exhibit 4 8 -- excuse me -- yeah Exhibit 4 -9 Kirk that you spoke to in 1970 -- the same George 10 A. Right 11 Q. ...... who told you there was no asbestos in 12 Kaiser Gypsum products 13 A. Right , 14 15 question MR PETTY Object to the form of the 16 0 And how about J. C. Reilly sir 17 A. C. Reilly he was an attorney with the 18 corporation 19 a. Where was Mr. Reilly's office located sir 20 A. On the 24th floor of the Kaiser " Center 21 There was Ernie Schaper Ernie Schaper was -- he was 22 the president of production Part of St. Helen's 23 plant part of Seattle plant the Antioch plant 24 0. Well thank you Mr. Reilly 25 Crosby you can sit down if you choose Okay Mr. I next want DEAN MOBURG & ASSOCIATES 206 622-3110 Pages 49 ta! 05/20/00 13:18 RX NO.0434 P.005 || 02/13/01 09:40 CRUM KMESA > 14104492368 V. E. J. BARTELLS CO ET AL BRENT NO.071 CROSBY P006 59 did 57 + 0 warning And did you see a warning on any of those 1 of this case 2 bags of Kaiser Gypsum products 2 A. No. 3 MR PETTY 4 foundation Object to form 5 A. Not to my knowledge Lacks 3 0 4 subpoena 5 A. Are you testifying here pursuant to a Yes E Q. Did you see a warning on any of the bags or 6 Q. And other than reimbursement for your 7 Kaiser Gypsum products that were sold under your 7 transportation expenses are you receiving any 8 auspices that breathing asbestos could cause a hazard 8 compensation for your testimony here today 9 to human health health g A. No. . 10 MR PETTY Same objection 11 A. Not to my knowledge or memory 12 D. Are you aware of any oral warnings that 10 a, 11 Gypsum's 12 lawsuit Have you had any discussions with Kaiser lawyers concerning your testimany in this 13 were given to Kaiser * given to any of your customers | 13 A. Yes 14 concerning dangers associated with asbestos that was 14 0 And can you relate for us the time the 15 contained in Kaiser Gypsum products 15 place and the nature of those conversations 16 A. No. 16 A. Well -- 17 MR PETTY 18 foundation Object to form lack of 19 A. No. 20 0. Sir I'm handing you what's been marked as 21 Exhibit 7 Sir prior to this deposition have you 22 ever seen the text of the warning contained in Exhibit 77 24 A. Not to my knowledge 25 a. Are you aware of 4- are you aware of any 17 MR PETTY I'm going to object to the 18 extent it calls for hearsay 19 0 You can go ahead and answer |20 A. I met with this gentleman right here first 21 | 22 23 at my house in Walnut on the phone prior to which was about three Creek California talked to him that weeks Then at a ago I met later date with him and 24 his employer Gabrielle at my house in Walnut Creek 25 Q. Was that Gabrielle Jackson sir discussions discussions Kaiser Gypsum management 1 discussions senior Kaiser among senior 58 that 1 A. Yes 60 2 warnings needed to be placed on Kaiser Gypsum's 3 containing products 4 A No not to my knowledge 5 a Sir during the time that you worked for 6 Kaiser Gypsum 7 employee did you consider yourself to be a loyal a A. Absolutely fi MR 10 Q. And 11 you had toward 12 employment for PETTY Objection leading today Kaiser sir -- Gypsum what was the feeling that at the time that your that company came to the end 13 A. Well it was best company I ever worked 14 for We were very upset that they sold the company to 15 Domtar of Canada 16 a. And as you look back over the years that 17 you spent with Kaiser Gypsum the 18 years that you 18 spent with Kaiser Gypsum how do you feel about that 19 portion of your life 20 MR PETTY Object to form 21 A. Very good 22 g Are you a party to this 23 Crum's lawsuit lawsuit sir John 24 A. No. 25 Q. And do you have any interest in the outcome 2 Q. And what did Kaiser Gypsum's attorney say 3 to you during the course of that meeting at your home 4 approximately three weeks ago 5 MR PETTY Object to form Calls for 6 hearsay 7 A. Pretty much the same questions I've been 8 asked today Gave the same answers 9 MR PETTY Object and move to strike the | 10 nonresponsive portions of his answer 11 " Did you have any discussions with Kaiser 1Z Gypsum's -- did Kaiser Gypsum's awyer mention 13 anything to you concerning your loyalty to the | 14 company 15 MR PETTY 16 for hearsay Object to form : Leading calls 17 A. Well he asked me if I was a dedicated 18 employee enjoyed my employment which I answered both 19 positively 20 0 And do you still feel that today sir * 21 A. Absolutely 22 MR BERGMAN 23 that I have Those are the only questions 24 MR | 25 examination PETTY You're resting your direct DEAN MOBURG & ASSOCIATES 206 622-3110 "Pag5e 7 ts o ( 05/20/00 13:18 TX NO.0434 P.006 02/13/01 10:29 KMESA > 14104492369 NO.075 P017 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 61 1 HR BERGMAN For now 3 MR PETTY Well it's either you are you're not Does this complete your direction 34 examination videotape of Mr. Crosby MR BERGMAN Yes it does MR PETTY At this time we'll break and come back at what 1:30 1:15 take a -- MR BERGMAN 1:15 8 MR PETTY Fine or lunch 10 10 THE VIDEOGRAPHER ; Off the record at 12:03 11 1313 1514 RECESS MR PETTY This is Ken Petty for Kaiser Gypsum Company Before we resumed earlier today I talked to Mr. Bergman about a bit of a dilemma we're in We have pending discovery interrogatories to the 16 plaintiffs which have not been supplemented Much of 17 the information that I've heard here today for the 18 first time is information I believe we were entitled 19 to in supplemental discovery responses Much of it is 20 also at adds with historical information that is not 21 currently at my disposal and as a result I'm not in a 22 position to proceed at this moment with Mr. Crosby's 23 videotaped perpetuation deposition 24 I raised this with Mr. Bergman It would 25 be our position that we will proceed with our 4 MR BERGMAN Plaintiffs take the position 2 that this deposition has been noted for three weeks 3 There have been numerous discussions as to the time of 4 this deposition This deposition was rescheduled 5 several times to accommodate the schedule of defense 6 counsel We will take the position that Kaiser Gypsum 7 has waived any examination that they may choose 8 to take or they may have had the opportunity to take 9 in this deposition and that will be our position 10 MR PETTY And that is of course a 11 different position than you conveyed to me in our 12 discussions before we came in here 13 MR BERGMAN I conveyed to you that you 14 should go as far as you can and we'd see where things 15 ended up I didn't realize that you were going to not 16 do anything today and I felt like at the conclusion 17 of a examination today as this is no different 18 than any other deposition in any other case we could 19 at that point better assess where we'd go from here 20 but we are obviously of different opinions at this 21 juncture 22 MR PETTY At this point I want the record 23 to reflect the language verbatim in plaintiff's 24 amended notice of videotaped deposition for Mr. 25 Crosby It states in part The said videotaped 1 videotaped examination at a future date and time 2 to be agreed upon And is that more or less what we 3 discussed Mr. Bergman and agreeable to you MR BERGMAN Well I had understood that 5 you were going to proceed this afternoon as far as you 6 are able and at that point we would address the issue as to what additional examination would be necessary 7 MR PETTY What I conveyed to you is that that was a possibility Since this is a videotaped 10 10 deposition and will in fact serve as our trial record 11 I think any trial lawyer would not proceed without 12 12 being prepared to do the full examination and have 13 whatever documents or depo transcripts or affidavits 14 might be necessary to conduct that examination If 1 15 were to proceed today more or less treating this as a 16 discovery deposition then you're putting me in a 17 position where at trial I may have to cut and paste 18 pieces of the video together Just as you had the 19 opportunity to present your trial examination of Mr. 20 Crosby in a continuous organized fashion the way you 21 chose I would like to have that same choice myself in 22 the presentation of his examination 23 So with that we will reserve our right to Crosby 24 take the ++ to complete the deposition of Mr. 25 at a later time deposition to be subject to continuance or adjournment from time to time or place to place until completed Nowhere in this notice does it say there was any necessity that this deposition be completed today or that it be completed here in Seattle In addition if you wish i can make a 7 record and append to the stenographic record the 8 discovery responses that we have received from 9 plaintiff I think I would 10 have a copy Ask the court 11 Kaiser Gypsum 1 like to do that if you reporter to mark this as 12 13 1. Marked Deposition Exhibit Kaiser Gypsum 14 MR PETTY And for the record the document 15 that's been marked as Kaiser Gypsum Exhibit 1 is a 16 copy of the set of interrogatories and 17 production propounded by Kaiser Gypsum requests to the for 18 plaintiffs in this case including the plaintiff's 19 answers and responses thereto as signed by Mr. Crum on 20 November 6 1998 at his home in or outside of Reno 21 Nevada ZZ In particular interrogatory No. 10 23 requests plaintiff to set forth each and every fact 24 upon which plaintiffs intend to rely in establishing 25 each alleged theory of liability against Kaiser Pages 61 to 64 DEAN MOBURG& ASSOCIATES 206 622-3110 05/20/00 14:01 RX NO.0436 P.017 02/13/01 10:29 KMESA 14104482368 NO.075 P018 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 Gypsum Plaintiffs have listed their theories of 65 1 2 liability However interrogatory No. 11 asks for the 2 ^' AFFIDAVIT 3 identity and the current residence address 6 phone number of each witness you intend to call at S trial to establish your alleged theories of liability 6 against Kaiser Gypsum and request a description of 7 what each witness will testify to 8 9 has The response provided on November 6 never been supplemented simply states which 10 plaintiffs have not yet selected their trial 11 witnesses All witnesses will be disclosed in 3 STATE OF WASHINGTON 4 5 COUNTY OF KING 6 > }5 } 7 I have read my within deposition and the 8 same is true and accurate save and except for change 9 and corrections if any as indicated by me on the 10 correction sheet hereof 11 12 plaintiff's 105 day designation And of course 12 13 that's not been filed yet since it's not due I think 14 until April something of that nature That would be | 13 74 BRENTWOOD CROSBY 15 our record 15 16 May I also take this opportunity to issue a | 16 17 subpoena to Mr. Crosby for the completion of his 17 day of 18 deposition 18 SUBSCRIBED AND SWORN to before me this 1999 19 THE WITNESS I don't want it 19 20 MR PETTY And sir that is a subpoena 20 21 issued to you for your attendance to complete this 21 22 deposition I assume that we can work with counsel to | 22 23 reach an agreement if the date doesn't work or the 23 of Washington 24 place doesn't work We have always been able to reach | 24 25 agreements to accommodate the needs of the attorneys 25 Notary Public residing at in and for the State . 1 and of our respective witnes es respective witnesses 66 1 WN MR WEBB What date do you have right now 2 68 CERTIFICATE WN Ken 4 MR PETTY Nominally I picked the date of 5 March 10th here at my offices at 10 a.m. and I will 6 also give Mr. Crosby a copy of the notice of the 3 STATE OF WASHINGTON 4 5 COUNTY OF KING 6 ? ) ss > 7 completion of his deposition And Mr. Bergman I'll -- for that time and place 9 MR BERGMAN Thank you Ken 10 MR PETTY For the record I'd like marked as Kaiser Gypsum Exhibit No. 2 the subpoena and the 12 deposition notice for the continuation and completion 13 of this deposition 74 Marked Deposition Exhibit Kaiser Gypsum 2. 15 Deposition adjourned at 1:30 p.m. 16 17 7 , the undersigned Notary Public in and for the 8 State of Washington do hereby certify 9 That the annexed and foregoing deposition of ea 10 witness named herein was taken stenographically before 11 me and reduced to typewriting under my direction 12 1 further certify that the deposition was 13 submitted to each said witness for examination readin 14 and signature after the same was transcribed unless 15 indicated in the record that the parties and each 16 witness waive the signing 18 17 I further certify that all objections made at t 19 18 time of said examination to my qualifications or the 222020 19 manner of taking the deposition or to the conduct of 222020 20 any party have been noted by me upon said deposition 222020 21 I further certify that I am not a relative or 222020 22 employee or attorney or counsel of any of the parties 222020 23 to said action or a relative or employee of any such 222020 24 attorney or counsel 25 I further testify that I am not in any way DEAN MOBURG & ASSOCIATES 206 622-3110 Pages 65 to 05/20/00 14:01 14:01 RX NO.0436 P.018 02/13/01 10:21 KMESA 14104482368 NO.075 = P002 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 IN THE SUPERIOR COURT OF THE STATE OF | WASHINGTON 2 IN AND FOR THE COUNTY OF KING JOH MARILYNN MARILYN 3 regecnsrons vooeesereneenes "1 4 JOHN E. CRUM and MARILYN J. CRUM a married couple 5 - b vs. Plaintiffs 7 THE E. J. et al 8 BARTELLS COMPANY - } } No. } : 98-2-24915-35EA Defendants 4 10 a ae 11 Videotaped Deposition Upon Oral Examination of 12 13 14 15 '16 17 18 BRENTWOOD CROSBY CROSBY CROSBY eee weet nen eek aeveverueueee 10:20 a.m. January 19 1999 | 1201 Third Avenue Seattle Washington 19 20 21 ZZ 23 24 Cheryl Macdonald CCR License No. 25 License HACD CA457LC HACDDCA457LC 1 INDEX z EXAMINATION EXAMINATION 4 BY MR BERGMAN 5 ...-.... ee ee en os 3 PAGE 5 ' EXHIBITS MARKED 7 Exhibit Exhibit Mas 8 1 7 " oo. cece cece ace ncasecues seer PAGE 4 Exhibit No. 8 1.1... 2121 10 Kaiser Kaiser 11 Gypsum No. Gypsum No. 1 cece eee cece nee nence > 2 .....eceee aces snvewenssces. 64 66 12 13 14 15 16 17 18 19 2 2 2 2 2 D 1 APPEARANCES 2 3 FOR THE PLAINTIFFS 4 5 & MATTHEW PAGELERBERGMAN AStutoirtneeys 530A0venue Seattle Washington 98101 7 FOR CCR DEFENDANTS 8 > 10 FIBERGLAS FIBERGLAS CORNING 11 12 13 FOR E. J. BARTELLS CO 74 15 Attorney WINDER WEBB III 1201Pacific PacificAvenue Tacoma Washington 98401 2200 Sixth RONALDAttorCney.at GARDNER Avenue SeattleSuite 600 Washington 98121 Attorney ZAKRZEWSKI ZAKRZEWSKI Avenue SuiteFifth Fifth Seattle Washington 98104 2 - Exhibits ^' Marked Deposition Exhibits 1 - 7. 2 THE VIDEOGRAPHER My name is Keith Payne 3 My address is 2127 Second Avenue No. 305 Seattle 4 Washington 98121. My phone number is 206-233-1306 5 1'm the video specialist for Royal Video Productions 6 whose principal place of business is 950 Northwest 7 Firwood Boulevard Issaquah Washington 98027. & Video's phone number is 425-391-6809 Royal 9 I'll be the operator of the video 10 equipment for the deposition of Brent Crosby being 11 videotaped at the offices of Weinstein and Bergman 12 1201 Third Avenue Seattle Washington The caption 13 of the case is John E. Crum and Marilyn J. Crum vs. 14 The E. J. Bartells Company et al The case number is 15 98-2-24915-3 SEA 16 and W.R. GRACE AMERICAN 18 19 FOR KAISER GYPSUM 20 21 22 and 23 24 25 ALSO PRESENT AttorneyBURNS FiftFihfth Avenue SSeeatattletle Washington 98101 KENNETH Attorney atPETTY 4100 410 TwoTwo Union Street Square Seattle Washington 98101 California California Attorney GAMBA Law 1155thth alifornia Street 15th Francisco Francisco California 94104 KEITH PAYNE Videographer deposition 16 This videotaped 17 on behalf of the plaintiffs is being taken Today's Today's date is January 18 19 1999. The current time is approximately 10:22 a.m. Will the attorneys present please identify 20 themselves . 21 MR BERGMAN 22 plaipnlatiinftifff 24 plaintiff MS PAGELER: Matthew Bergman for the Meg Pageler for the 25 MR PETTY Ken Petty for defendant Kaiser DEAN MOBURG & ASSOCIATES (206)622-3110 (206)622-3110 Pages 1 to 05/20/00 14:01 14:01 TX NO.0436 NO.0436 P.002 02/13/01 10:21 KMESA 14104482369 NO.075 P003 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 5 1 Gypsum Company 2 MR GAMBA And Paul Gamba on behalf of 3 Kaiser Gypsum Company Inc. 4 MS ZAKRZEWSKI Cheryl Zakrzewski for E. . 5 J. Bartells % @. And what branch of service was that 2 A. Well I started out here in Seattle with 3 the Army Transport Service and later I was in the 4 Merchant Marine and then in the Marine Corps reserve S 0 And what years were you in the Marine 6 MS BURNS Valerie Burns for Rapid 7 American and W. R. Grace B MR GARDNER Ron Gardner for Owens 6 Corps sir 7 A. Well let's see It was 1944 to '46 & Q. During that time frame were you stationed 9 Corning 10 MR WEBB Henry Webb for CCR 11 THE VIDEOGRAPHER 12 please swear in the witness Will the court reporter witnes deposed herein Notary 13 BRENTWOOD CROSBY witness witnes having 14 and said as follows 15 THE VIDEOGRAPHER You may begin - 2100022220 2100022220 9 at any one part of the world 10 A. Basically the Southwest Pacific | 11 @, And did you participate in any campaigns , 12 during that time 13 A. Yes sir 14 D. And what campaigns were those sir 15 A. At Kwajalein Islands and the Marianas and 2100022029 the Solomons 2100022029 0. Were those serious battles sir in the 2100022220 EXAMINATION EXAMINATION 2100022029 history of the United States 2100022220 BY MR BERGMAN 2100022029 A. Yes 2100022220 Q. Could you please state your full name sir | 2100022029 0 Sir are you married 2100022220 A. My full legal name 2100022029 A. Yes 2100022220 a. Yes sir 2100022220 A. Brentwood Fairchild Crosby 2100022220 Q. Mr. Crosby where do you live 2100022029 Q, And what's your wife's name 2100022029 A. Mary Jean 2100022029 a. And how long have you and Mary Jean been 2100022220 A. In Walnut Creek California 25 married ' lived 4 0 And have you always lived in Walnut Creek q A. 52 years 8 . 2 A. No. 2 9 Sir could you trace for us the path that 3 Q. Where did you grow up 3 your career followed after you were discharged from 4 A. I was born and raised in Seattle 4 the armed forces 5 Washington 5 A. Well see I went to work for Urban Smythe 6 a. What part of Seattle 6 and Warren -- they're a mechanical contractor <= on 7 A. West Seattle 8 And where did you go to high school 7 the Hanford project in Hanford Washington Then we 8 finished there came back to Tacoma and worked for 9 A. 10 0. 11 Seattle West Seattle High School Did you have any other education in 9 F. A. Urban Company which was one of the partners of 10 Urban Smythe and Warren And from Urban Smythe and 11 warren I went to Automatic Sprinkler Corporation of 12 A. Seattle University was Seattle College ar 12 America 13 that time 13 We moved to Portland and in Portland I 74 Go. And does anybody in your family still live 15 in Seattle 16 A. My sister 17 A. And who are you staying with -- 14 worked for the Heinz Company which was a mechanical 15 contractor And in 1959 I was contacted by Kaiser 16 Gypsum Company and asked to come down to California 17 to Oakland to have an interview In 1960 I joined 18 A. My sister in Vest Seattle 18 Kaiser Gypsum in Oakland 19 Q. Sir when did you leave Seattle 19 0. And how long did you work from Kaiser 20 A. In about 1952 -- excuse me 1954 20 Gypsum after joining the organization in 19607 21 a. And since leaving Seattle have you come up | 21 A. Until 1978 when they were sold to Domtar 22 from time to time to visit 22 Gypsum Company and we went over to Domtar at that 2220 A. = Quite often 23 time until 1989 2220 a, Sir have you ever served in the military 24 a What positions did you hold in Kaiser 2220 A. Yes 25 Gypsum between 1960 and 1978 sir Pages 5 to 8 DEAN MOBURG & ASSOCIATES 206 622-3110 vecsen 05/20/00 14:01 RX NO.0436 P.003 a 02/13/01 10:22 KMESA 14104482368 NO.075 P004 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 9 in hired their 1 A. Well in 1960 I was hired as their 2 architectural representative 3 o. And what does an architectural 4 representative do 5 A. Well his duties were to work with 6 architects and designers to integrate the Kaiser 7 Gypsum products into their specifications Then in 1962 I transferred over into sales in the East Bay in 9 Oakland 10 0. And what were your responsibilities as a 11 salesman for Kaiser Gypsum in the East Bay area of California A. Was to sell material dealers and distributors and to work with contractors on the purchase of all Kaiser Gypsum products 0. And what was the next position you held with Kaiser Gypsum sir A. I a was ~-- 1965 -- well see in 1963 I was made an area manager and transferred to Sacramento California In 1965 I was promoted to district manager which encompassed all of the Central Valley to Reno and Salt Lake City and southeastern Idaho a. As a district manager for the Kaiser Gypsum company sir how many salesmen were you responsible for supervising 11 in 1 Is that in Oakland 2 A. In Oakland right 3 Q. And what is the Kaiser Center sir 4 A. Well the Kaiser Center was the home of the 5 Kaiser Industries and they had approximately 64 6 different companies represented in the building 7 Q. Sir I'm handing you what's been marked as 8 Exhibit 1 ask you whether you can identify that 9 photograph 10 A. Well this is the Kaiser Center itself 11 This is Lake Merced right in front of it and that's 12 Lakeshore Drive right in front of it 13 Q. Could you show that to the videographer 14 A. Indicating 15 Q. Where within the Kaiser 16 Kaiser Gypsum Company located Center , sir was 17 A. Basically on the 25th floor and the 24th 18 floor Senior management was more or less on the 24th 19 floor 20 0. And did you know -- in the course of your 21 work sir did you interact with senior management of 22 Xaiser Gypsum Company 23 A. Absolutely 24 0 . And during the majority of the time that 25 you worked for that company sir who was the head man 10 A. 14 to 16 Z 9 And what was the next position you held 3 after serving as a district manager for Kaiser Gypsum A. I was regional sales manager S 0 And as a regional sales manager sir what 6 was your territory A. & Nevada Well it was northern California northern state of Utah southeastern Idaho Oregon and 9 Washington 1 10 0. And as regional sales manager for the 11 Kaiser Gypsum Company sir at that time how many 12 salesmen did you supervise 13 A. Close to 20. It varied but it was 14 probably average around 20 15 a. During the time that you worked for Kaiser 16 Gypsum 17 spent sir where was the majority of your And by that I mean where were you time 18 headquartered during most of that time 19 A, Well in 1960 when I joined the company 20 was headquartered in Oakland They had temporary 21 offices at 145 Grand Street in California Then in ZZ 1960 moved into the Kaiser Center when it opened " 24 zir7 And where is the Kaiser Center Located 25 A. It's located on Lakeshore Drive 12 1 in charge of the Kaiser Gypsum Company 2 A Well Claude Harper was the president of 3 Kaiser Gypsum and when he left R. A. Costa Bob Costa 4 became president and general manager 5 2. During the course of your work at Kaiser 6 Gypsum sir did you have the occasion to interact 7 with Mr. Costa a A. Yes 9 0 And what would be the occasions that would 10 cause you to interact with Mr. Costa 11 A Well it would be during sales meetings 12 management meetings 13 together played quite a bit of golf 14 a Sir I'm handing you what's been marked as 15 Exhibit 2 and I'm also putting a blow of Exhibit 2 16 on the easel 17 in Exhibit 2 Who sir were the individuals that are shown 18 A. Okay The fella to the left as I look at 19 it is Bob Costa Robert A. Costa and the fella that . 20 he's shaking hands with is John Crum 21 0. Sir I'm handing you this pointer 2Z you please point to Mr. Costa for us please Could 23 A. This 24 indicating is Mr. Costa and this is Mr. Crum 25 Q. During an average work week sir how many DEAN MOBURG & ASSOCIATES (206)622-3110 (206)622-3110 Pages 9 to 05/20/00 14:01 RX NO.0436 P.004 | 02/13/01 10:22 KMESA 14104482368 NO.075 P005 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY times would you see Mr. Costa 13 15 1 representation in the Gypsum division A. Well you wouldn't set it up on a weekly 2 Q. And approximately when did that integration basis but to sit in meetings with him it would 3 take place sir probably be about once a month 4 MR PETTY Object as to form Lacks ove: Q. And how about socially sir How often 5 foundation would you play golf with Mr. Costa 6 A. Best of my recollection I think it was A. Oh three or four times a year 7 around 1970 Qo, knowledge Was Kaiser and to your Gypsum Company understanding a sir to your was Kaiser 8 Q. sir during your -- as you served as a 9 regional manager and a district manager for Kaiser Gypsum Company associated with any other Kaiser 10 Gypsum where was your office located entity 11 MR PETTY Object to form of the question 12 A. In the Kaiser Center And what floor was your office Go ahead 13 A. On the 25th floor A. Well we were a subsidiary of Kaiser 14 + And how often in the course of a week would Cement Q. And what was Kaiser Cement sir 15 you have to go down to the 24th floor to confer with 16 senior management A. Well they manufacture and distributed cement products bulk and bagged on the Pacific 17 A. Well the support people production and 18 research had their offices on the 24th floor and it Coast 19 was quite common for us to go down and talk to them Q. And what kind of products in general did Kaiser Gypsum manufacture 20 about different things but as far as fully integrated 21 meetings between division and regional sales with the A. Well they -- in bag cement there's five 22 cement company it's probably about once a month kinds of cement I think they manufactured and sold two type 2 and type 5 cement 0. Sir what was your understanding of the 23 Q. Sir I'm handing you what's been marked as 24 Exhibit 3 which was previously identified in the 25 November 4 deposition of Joseph Hobby as Exhibit 4 relationship on a day basis between Kaiser 1 And I'll ask you to look at first the first page and 1 16 just just 2 Gypsum and Kaiser Cement 2 have a general question for you sir Can you 3 MR PETTY Object to the form of the 3 identify the individuals that are listed on the first 4 question 5 Q. You can answer the question The lawyers 4 page of that chart 5 A. Well right at the top is -- 6 have an obligation to object on behalf of their 6 Q Well just as a general question can you clients and the judge will decide later on the nature 7 of that objection 9 A. Could you repeat the question 7 identify those individuals 8a A. Yes most of them 9 Q. I'm going to now show you a blow of the 10 o, Certainly sir Let me rephrase the 10 first page of Exhibit 3 and I'm going to ask you some 11 question Did there come a time when Kaiser Gypsum 12 and Kaiser Cement became more closely intertwined than 12 they were previously in the course of your employment 74 A. Yes MR PETTY Objection as to form 1674 Can you describe the nature of this 17 interaction 11 questions now sir about specific individuals that | 12 are depicted on that document First I think you had | 13 previously identified a photograph of Mr. Costa 14 .. Right 15 a. What were Mr. Costa's responsibilities at 16 Kaiser Gypsum 17 A. Well he was the general manager He 18 MR PETTY Same objection 19 A. well as business slowed down we had 20 personnel that covered pretty much the same 21 territories areas of responsibility as the cement 22 people So ve it was at the suggestion of the 23 24 cement company responsibility that some of the for camant taler Gypsum people assume in Epecific areas and 25 some of the cement guys would assume sales 18 worked very closely naturally with all his 19 presidents of the different divisions 20 Q. Next sir asking about Mr. Eshelman what 21 did he do in the organization 22 MR PETTY Object to the form of the 23 question Can I have a continuing objection all your 24 further examination on this chart or do you want me TO 25 -- Pages 13 to 16 DEAN MOBURG & ASSOCIATES 622-3110 05/20/00 14:01 TX NO.0436 P.005 02/13/01 10:23 KMESA > 14104482368 NO.075 P006 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 17 1 MR BERGMAN Take a continuing objection 2 Ken that's fine 3 MR PETTY Thank you 4 A Well Mr. Eshelman was more or less of an 5 administrative manager for Bob Costa 6 a. And how about Mr. H. R. Orzech 7 A. Drzech was an administrative assistant 8 02- In the course of your duties at Kaiser 9 Gypsum sir did you ever have to interact with Mr. 10 J. W. Blewett 11 A. Yes 12 0 And what did Mr. Blewett do at Kaiser 13 Gypsum 14 A. He was manager of special products and the 15 promotion of 16 Q. And how about Mr. B. U. Simpson sir What 17 did he do 18 A. Mr. Simpson he was a controller 19 a And L. D. Olsen 20 A. He was a manager of traffic and 21 transportation 22 a. During the time that you were at Kaiser 23 Gypsum sir who was your immediate supervisor 24 MR PETTY Objection as to form 25 particular part of his career you asked him about Definitely A. Definitely 19 2 0 And who was in charge of research and 3 development during most of the period that you worked 4 there 5 A George Kirk 6 Q. And was there also an individual named Mr. K. C. Dupuis E A. Yes that's Harlan " Q. And what did Harlan Dupuis do 10 A. He was again administrative assistant 11 to Bob Costa 12 Q. And how about C. H. Schaper 13 A. That's Ernie Schaper He was 14 president of operations production 15 Q. And how about P. J. Franklin 16 A. He was a president of production 17 0 And finally A. Chavez 18 A. Oh Tony was more or less our manager of 19 our Mexican operations ... ZO Q. Sir if you could look for me on this 21 blow which is the first page of Exhibit 3 and 22 tell me if you would sir where the individuals who 23 are listed there were officed where their offices 24 were located 25 A. Basically the 24th floor 18 20 - MR BERGMAN Yeah I understand 1 a. Sir I ask you whether you could provide us NM Q. During the time that you were a regional 2 with a diagram of the 24th floor of the Kaiser Center 3 manager at Kaiser Gypsum who was your immediate 3 indicating where each individual's office was located 4 supervisor ; 4 understanding that your background is in sales not in 5 A. J. J. Hague James Hague 5 art 6 And what were Mr. Hague's responsibilities 6 A. Yeah that's right Well the Kaiser 7 at Kaiser Gypsum sir 7 Center was basically built in a crescent This would B A. He was the -- in charge of sales and of the sales regions districts as a sales -- 10 a And in an average work week sir how often 11 would you -- during the time you were a regional 12 manager how often would you interact with Mr. Hague 13 A. Probably about once a week 8 be a typical office floor for all 28 floors In this 9 corner was Harper and then Costa and then Hague ther | 10 Crowle and this is the conference room over here 11 indicating 12 0. Could you just put a C on that for us siri 13 A. Conference room And this is trailed off 14 Sir what did Mr. Crowle do or what did 14 with administrative assistants and then offices down 15 R. C. Crowle do in the Kaiser organization 15 here indicating 16 A. He was a merchandising manager 16 Q. Do you recall where Mr. Franklin's office 17 Q. And as merchandising manager sir what was { 17 was located 18 his responsibility 18 A. . I think he's right next to the conference 19 A. To list and promote different products 20 a. And in the course of your TW 21 A. And pass information and direction on down 22 to sales 23 24 Q. Gypsum In the course of your work at Kaiser sir did you have the occasion to interact 25 with the research and development department 19 room here indicating . 20 MR PETTY Counsel just for 21 clarification do you have a particular time frame in 22 mind that we're talking about here 23 THE WITNESS Well this would be basicall 24 1960 to about -- when we first moved in the building 25 Claude Harper was in this corner Costa was here DEAN MOBURG & ASSOCIATES (206)622-3110 Pages 17 to 05/20/00 14:01 RX NO.0436 P.006 P| 02/13/01 10:24 KMESA 14104482368 NO.075 P007 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 Then when Harper left Costa moved into the president 2 office where he was president and general 3 manager indicating 4 Q. And approximately -- well let's finish 5 that and then we'll elicit what general time frame 6 we're speaking with How about Mr. Dupuis sir 7 A. I think Harlan was right about here 8 indicating 9 0. And finally sir what about Mr. -- well 10 did you know an individual named Mr. Kirk 11 A. George Kirk 12 Q. Yes 13 A. Oh yes definitely 14 0 And where was Mr. Kirk's office located 15 A. Over in this area the west of the 16 building indicating 17 0. Could you just put a K approximately where 18 Mr. Kirk's office was located 19 A. Complying Complying 20 Q. Thank you very much Mr. Crosby I think 21 you can resume your seat I'm going to mark this 22 diagram as Exhibit 8. and will provide counsel with 23 copies of it at the first available opportunity 24 Marked Deposition Exhibit B. 25 a. You had drawn a conference room on Exhibit 23 1 MR BERGMAN Is it the third page 2 MS ZAKRZEWSKI First page didn't even 3 match up 4 MR PETTY Nothing that you passed out 5 Counsel matches the chart that you're now holding in 6 your hand 7 MR BERGMAN Why don't we correct that 8 then We'll take a very short break 9 THE VIDEOGRAPHER Off the record at 10:49 10 Recess 11 THE VIDEOGRAPHER On the record at 10:53 12 a.m. 13 MR BERGMAN I'm going to substitute the 14 Exhibit 3 that I had previously handed to Mr. Crosby 15 for the corrected version and am circulating it among 16 all defense counsel Apologize for the mix 17 MR PETTY So this is an entirely 18 different document than your prior Exhibit 32 19 MR BERGMAN Yeah 20 THE VIDEOGRAPHER On the record at 10:53 21 Q. Mr. Crosby I'm putting a blow diagram 22 up on the easel which is a copy of the second page of 23 the substituted Exhibit 3. And what I would like you 24 to do for me sir is identify -- well first of all 25 let me ask you can you identify most of the 22 in individuals 24 1 B. Mr. Crosby Did you ever attend meetings in that 1 individuals set forth on that document 2 conference room 2 A. Yes 3 A. Definitely yeah 4 a. Approximately how often did that occur S A. Well it would be between a 30 and day 6 period or whenever Bob Costa or Mr. Harper would call 7 for a special meeting we'd all go up there It wasn't 8 on a regular basis 3 Q. Sir let me ask you first of all there's 4 an individual listed here B. Crosby Do you know who 5 that is sir & A. I hope so 7 Q. And who might that be 8 A. Ma " Do you know whether or not the senior 10 management that you've identified would meet more 9 0 Sir if I could ask you to take this 10 pointer for us and identify all of the individuals who 11 frequently than every -- 12 A. Oh definitely 13 MR PETTY Object to the form 11 are set forth on the second page of Exhibit 3 as well 12 as what their responsibilities were and where they 13 were located 16 a. And what is your understanding of how often | 14 MR PETTY 15 these meetings would take place based on your 15 Lodge an objection -- Counsel before doing so may I 16 experience 17 MR PETTY Same objection 16 MR BERGMAN Absolutely 17 MR PETTY -- to the use of this document 18 A. It was just hard to say 18 without laying adequate foundation without any 19 0 Sir I'd now like to turn your attention to | 19 indication or sense as to what time frame is involved 20 the second page of Exhibit 3 page entitled sales 20 here 21 and I'm going to -- : 22 MR PETTY We don't have one entitled 23 sales Counsel 24 A. Research development and business 25 development 21 MR BERGMAN Your objection is well taken 22 Counsel We're talking about the period 1970 to 1972 23 MR PETTY Well Counsel that's fine I 24 think that's testimony and foundation that needs to 25 come from a witness Pages 21 to 24 DEAN MOBURG & ASSOCIATES (206)622-3110 (206)622-3110 _ a . 05/20/00 14:01 TX NO.0436 P.007 02/13/01 10:24 KMESA 14104482368 NO.075 P009 CRUM V. E. J. BARTELLS CO , ET AL BRENT CROSBY fine 1 MR BERGMAN That's fine 25 1 in 27 A. This is Dick James He was in the greater 2 0 Mr. Crosby what was the general time frame 2 Seattle area This is Ed Millis He went east in 3 that this diagram represents in terms of the structure 4 of the sales force of 5 6 question MR PETTY the Kaiser Object to Gypsum Company the form of the 3 1965 as the district manager in the New Jersey 4 York area Jim Kelly he was district manager down in 5 Georgia Florida that area Sullivan was assistant 6 to him 7 A. Well B 1965 to 1970 think it's pretty well set up for ~ 9 A. And sir could you now point to each 7 8 just 9 Now Q. Let the record reflect that the witness was testifying to the east region of Kaiser Gypsum if you would ~- 10 individual on that document and indicate -- 10 MR PETTY Object to the form of the 11 A. This is Jim Hague indicating He was the | 11 question 12 president of sales Frank Potts was his 12 Q. Now if you would sir could you identify 13 administrative assistant Robert Laidlaw was the 13 those individuals in the center section the northwest 14 administrative assistant not only to Hr Hague but -- 14 Pacific region at the sales manager level that you 15 Q. Now sir at the next level there are three | $ recall 16 regional sales managers what were the three regions 16 A. Okay 17 that the company was -- the company sales efforts were | 17 18 divided into 18 A. And what region they were working A. I have a correction to make here This is 19 A. On this region 1 was by Tommy Donovan 20 Q. And what area was that 19 Jim Watson not Charlie Watson 20 manager of the east as regional sales 21 A. That was in southern California from ZZ Bakersfield south over into Phoenix and Albuquerque 23 and at a later date part of Mexico 24 a. Then the next 25 just take it by level region sir Maybe we'll 21 Q. Thank you sir Now if you could address 22 the Northwest Pacific region 23 A_ This is AL Alessandri and he had district 24 managers under him Galen Thomas who was basically in 25 the Bay area Charlie Watson was district manager in 1 This This 26 A. This is region 2. This is Al Alessandri 2 Q. And what area was region 2 encompassing 3 A. Region 2 encompassed northern California 4 northern Nevada state of Utah southeastern Idaho 5 Oregon Washington Alaska & 0. And was region 2 the region that you 7 subsequently assumed responsibility for 28 1 Seattle Wilf Torgeson was district manager in 2 Portland Myself I was district manager in eastern 3 California northern Nevada Utah and southeastern 4 Idaho Doug McClellan was an area manager that I used 5 in northern California and he assumed 6 responsibilities when I'd go east or over the 7 mountains 8 A. Right and Alaska and Hawaii 9 Q. And finally sir the third region 10 A. Region 3 was Charlie Watson He was 11 regional manager of Pacific Northwest which would be 12 Oregon Washington Alaska 13 0. And sir of the individuals listed at the 14 third level the sales manager level if you could for 15 us identify those who you remember and what region 16 they worked in in the 1965 to 1972 time period 17 A. Well this is Gordon Brown He was 18 basically in southern California down from LA down 19 into San Diego Asimos was over in New Mexico and 20 Phoenix New Mexico and Arizona Bob Olson was 21 LA area greater LA area on up to Bakersfield And 22 Bob Boltz was an area manager 23 Bob Olson worked directly under 24 A. 25 region And how about in the Northwest Pacific the second region 27 8 0. Thank you sir I wanted to ask you some 9 questions now sir concerning the research and 10 development portion of Kaiser Gypsum In the course 11 of your duties as a district and regional sales 12 manager did you ever have the opportunity to interact 13 with the research and development staff 1 14 A. Yes 15 What were the types of circumstances that 16 would cause you to interact with the research and 17 development personnel 18 A. Well if we'd have a product problem -- 19 what I mean by a product problem would be the 20 application of the product or the quality of the ~ 21 product -- the salesman would write what they called 22 the customer problem report which would come to my 23 office would review sign off or initial and send to 24 the production department which would be of Antioch 25 in most cases DEAN MOBURG & ASSOCIATES 206 622-3110 Page2s5 to 05/20/00 14:01 RX NO.0436 P.008 02/13/01 10:24 KMESA 14104482368 NO.075 P009 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 29 0. Sir I'm going to ask you some questions now concerning the third page of the revised Exhibit 3 understanding that counsel has a standing objection on 4 the use of said exhibit And I'm going to pass you or I'm going to show on the easel a blow of the third page of the revised Exhibit 3. And I'm just going to 7 ask you questions about a few of the individuals on a that document 8 Could you please identify for us the individuals toward the top of page 3 of Exhibit 37 10 A. Okay This is Harlan Dupuis Q. And where was Mr. Dupuis office located On the 24th floor of the Kaiser Center a, And now the next level A. Okay This is George Kirk He was more or 1616 19 20 less the manager of research and development and product Q. quality And how about Mr. Tillisch A. Oh Paul Tillisch was product development He was more the scientist type guy Paul right here Q. And how about H. L. Weightman 22 A. Howard Weightman was -> he was the 24 specialist on the formulation accessory products 0. And let me now ask and production you sir what of are 31 1 production department they had to pretty well know 2 how the product worked and -- 3 Q. And did salesmen ever participate in any 4 demonstrations on the use and application of Kaiser 5 Gypsum accessory products 6 A. Yes 7 Q. And what were the occasions that sales 8 personnel would be required to participate in these 9 kind of demonstrations 10 A. Well as you're attempting to sell a 11 customer and to sell them on your product we'd donate 12 materials specific amounts for them to try in the 13 taping and the finishing compounds and the acoustical 14 spray spray or in radiant heat when we did 15 demonstrations of how it was applied they would -- 16 Q. And would Kaiser Gypsum salesmen ever have 17 to be present on job sites where Kaiser Gypsum 18 products were being used 19 A. Yes definitely 20 0 And why was that sir 21 A. Well you constantly monitored yout 22 products especially with a new customer to make sure 23 that they were using them right mixing them right and 24 so to get the best performance ... 25 a, I'm going to ask you some questions now accessory products or what were accessory products A. Well accessory products is your taping and 3 finishing compounds spray radiant heat finishing 0 4 A. 6 they put What was spray sir spray is a simulated acoustic covering on ceilings It was formulated with basically with joint 7 you the little lumps compound Styrofoam which gave 9 0 And what was radiant heat compound 10 A. Well in radiant heat when you installed it it was installed with a machine that ran on the 11 floor 12 And it had groovers up in the head of it and 13 you'd run that along the ceiling and as it would groove the wallboard the radiant heat coil or cables 13 15 would go up and were embedded into the grooves 16 They'd go for a certain size room and take a certain 17 number of feet of radiant heat cable to push heat to 18 heat the room 19 Q. Sir were the Kaiser Gypsum sales people 20 that you supervised responsible for knowing the use 21 and application of Kaiser Gypsum accessory products 22 A. Absolutely 23 a. And why was that sir 24 A. Well if they had to monitor and write up 25 complaints and to call out the people from the 32 sir 1 sir about three of the accessory products that are at issue in this case 3 finish compounds The first category are joint and . 4 A. Well joint and finish compound came in two different ways One was in a powder form and they 7 were in separate bags There was joint and finishing bags pound bags and in the premix joint and finish came in gallon buckets MR PETTY Object for the -- A. Four pound boxes 11 MR BERGMAN Object and move to strike the response There was no question pending 121213 14 14 1216 0 And can you tell us sir how the bagged joint compound would be applied applied A. Well normally what they do they take a pound bag of joint and finishing compound put it 17 in gallon bucket stir it and slowly add water 18 until it became ~~ it's like making a cake Until you 19 had a usable product and that's when the salesmen 20 really had to be present when they first started using 21 it to make sure they didn't over water it or 22 under water it 23 What was the next step sir after the 24 joint compound or the finish compound had been mixed 25 A. Well with the powdered joint and finish Pages 29 to 32 DEAN MOBURG & ASSOCIATES (206)622-3110 05/20/00 14:01 RX NO.0436 P.009 02/13/01 10:25 KMESA 14104482368 NO.075 P010 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY mixed 1 compound it would be mixed in these gallon 33 3 into - 1 bag and it would be dumped into a mixer tthe * 2 buckets in the field then taken from the gallon 3 buckets put in tray and with a blade a finishing 4 knife or a taping knife the applicator would scoop Z cement mixer and watered and agitated until it gets to 3 a certain consistency and then shot through a hose to 4 gun And the applicator would through a lever 5 it out run it along the seams and the joints and they 5 would control the quantity of spray that would come 6 would -- 6 out the end of the gun It would be pumped pumped 7 Q. What was the next step then 7 from the tank through the hose and out the gun and 8 A. They'd let it dry and then they'd sand it 8 sprayed on the ceiling 9 with -- usually with a stick sander It was a long 9 Q. And was any dust created during -- any time 10 pole with about a eight inch piece of 10 during this process 11 sandpaper attached to a blade on it and they would 11 MR PETTY Object to the form of the 12 just sand the ceiling or sand the walls 12 question leading 13 Q. Sir can you tell me what if anything 14 would happen when the Kaiser Gypsum joint compound or 13 A. If there was dust it would probablbye when 14 they were dumping it in the mixer 15 finish compound would be mixed in a bucket 16 A. Well you start out with a dry powder and 17 then as I say slowly add water and bring it up to 18 where it's in a soluble condition so it could be 15 0. And finally sir if you could describe the 16 use and application of the radiant heat compound 17 A. Okay Radiant heat compound came in bags 18 It was mixed pretty much the same as taping and 19 handled and spread 19 finishing compound Then it was troweled on the 20 Q. Can you tell me whether or not any dust 20 ceiling over these embedded cables that were put into 21 would be created when that process was being 21 the ceiling electric cables and then to -- to unify 22 undertaken . 22 the ceiling without lumps or bumps they would sand it 23 HR PETTY Object to form leading 23 MR PETTY Just to interpose an objection 24 question It's been asked and answered 24 this is not a product that was identified by Mr. Crum 25 0 Let me rephrase the question sir What if | 25 or that's at issue in this case at least on the 1 anything would occur when the bagged Kaiser Gypsum 1 current record 36 2 joint compound would be poured into the bucket 3 MR PETTY Object to form leading 4 A. Well you'd open the pound bag slowly 5 pour it into the gallon bucket and then proceed 6 from there where I just mentioned until you blended 7 it into a workable solution a a. Can you tell me whether or not any chust was 9 created by that process 10 MR PETTY Same objection This whole 11 line of questioning has become quite leading 2 Q. Well let's turn our attention now to Mr. 3 Crum since it's been brought up and let me ask you 4 sir some questions about some of the work that Mr. 5 Crum did for Kaiser Gypsum 6 A. Well I hired John personally -- 7 Q. I have to ask a question 8 A. I thought you'd asked the question 9 Q. Well I kind of introduced it Now did it 10 come to be that Mr. Crum -- do you know John Crum 11 first of all 12 A. Well there could be dust yeah When 12 A. Definitely 13 you're handling a dry product start stirring it 13 Q. And how did you first meet Mr. Crum 14 around or pouring it out of the bag yeah there could | 14 A. 15 be dust 15 company As an applicant for a position with the 16 17 dust Q. was And sir can you created when dried tell me whether or joint compound was not any | 16 sanded | 17 Q. And approximately when was that sir A. Either 1964 or 1965 18 MR PETTY Same objection leading 19 .. Yeah definitely Stuff would just float 20 down in the air 21 @. Let me ask you now sir about the 18 Q. And did you hire Mr. Crum 19 A. I recommended he be hired yes 20 0 And what did Mr. Crum do for Kaiser Gypsum 21 What position was he hired for 22 application of 23 and applied spray sir How was spray mixed 24 A. 25 container Well spray was -- came in a larger larger bag ! think usually a 50 pound 22 A. He was hired as a sales territory salesman 23 in the Reno area which encompassed most of northern 24 Nevada and port of eastern California into the Lake 25 Tahoe area and Tahoe City DEAN MOBURG & ASSOCIATES 622-3110 Pages 33 to 05/20/00 14:01 14:01 TX NO.0436 P.010 02/13/01 10:26 KMESA > 14104482368 NO.075 P011 CRUM V. E. J. BARTELLS CO ET AL ; 1 9 And what were some of Mr. Crumm's 37 1 compound BRENT CROSBY 39 2 responsibilities as a salesman for Kaiser Gypsum 3 A. Well he sold a full product line They're 2 Q. Sir did you ever go to any job sites with 3 Mr. Crum during the course of your supervision of his 4 what we call dealer salesmen That's your entry level 4 work 5 as a dealer salesman They sold wallboard accessory 5 6 products full product line Firtex which was our 6 A. Yes 0 And what job sites do you recall going to 7 softboard material Firtex 8 building boards sheeting is acoustical * tile 9 a. Well let me now ask you specifically did 7 A. Well there was -- he had a myriad of jobs 8 He had some commercial work in Reno Nevada which 9 means high rises or commercial type buildings local 10 Mr. Crum sell Kaiser Gypsum joint compound 10 taping and finishing contractors again dealers and 11 A. Definitely 11 distributors 12 a, And did Mr. Crum sell Kaiser Gypsum finish 12 2. And why was it -- 13 compound 13 MR PETTY Move to strike the 14 A. Yes 15 And did Mr. Crum sell Kaiser Gypsum 14 nonresponsive 15 @. Why would Mr. Crum or do you know why Mr. 16 spray 16 Crum would go on to job sites where Kaiser Gypsum 17 A. Yes 17 products were being used 1B 0 And did Mr. Crum sell Kaiser Gypsum radiant | 18 A. Well we sold under the basis of product 19 heat compound 19 quality and service and part of the service was to 20 A. Yes 20 make sure that the field people that worked for the ~~ MR PETTY Object to the form of the 21 subcontractors handled the products in a precise 22 question 22 manner 2 Q. Sir what were some of Mr. Crum's 24 responsibilities as a Kaiser Gypsum salesman 2 A. Well it was to create sales through 23 0. And sir what were some of the major 24 commercial projects that Mr. Crum sold Kaiser Gypsum 25 products to to the best of your recollection distributors direct 1 dealers or distributors or direct sales to Gypsum 1 40 MR PETTY Object to the form of the 2 drywall contractors dealers and distributors 2 question Lacks foundation 3 Did Mr. Crum have any responsibility to 4 conduct demonstrations of Kaiser Gypsum products 3 Q. Well let me respond to that objection 4 which was well taken Was Mr. Crum -- would Mr. Crum 5 A. Yes as all Kaiser Gypsum salesmen did 6 a. And what were some of the products that Mr. 7 Crum demonstrated demonstrated B MR PETTY Object to the form of the 5 keep you apprised of his sales activities 6 A. Definitely 7 0 And was there competition for major 8 construction work in Reno question 9 A. Very strong 10 Q. Do you know what kinds of products Mr. Crum {| 10 Q. And when a major job would be awarded would 11 demonstrated 11 that be something that you would be notified of 12 A. finishing compound spray radiant 12 A. Yes : 13 heat 13 " What were some of the major construction 14 MR PETTY Same objection Lacks 15 foundation Go ahead 14 projects that you recall Kaiser Gypsum supplying 15 products to in the Reno area 16 Q. In the course of your duties your 16 MR PETTY Object to form Calls for 17 supervision of Mr. Crum did you ever go out to his 17 hearsay Go ahead 18 sales area 20223 A. Yes . 20223 0 And did you ever participate in any 21 demonstrations with Mr. Crum 20223 A. Yes 20223 Q. And what kind of products did you 24 participate in demonstrating with Mr. Crum 18 A. Well we had put all the board and 19 accessories on the MGM casino and Harrah's casino ---- 20 had jobs there Harold's club and a large volume to . 21 residential They would be all over the area 22 wherever they were building a project the tract 23 Q. And did you personally visit any of those 24 job sites sir 25 A. Taping and finishing and radiant heat 25 A. Yes Pages 37 to 40 DEAN MOBURG & ASSOCIATES (206)622-3110 (206)622-3110 05/20/00 14:01 TX NO.0436 P.011 02/13/01 10:26 KMESA 14104482368 NO.075 P012 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 " 2 visit 41 And what job sites did you personally 1 work on the houses that Mr. Z know Crum constructed if you 3 A. Well commercial and the residential both 3 HR PETTY Object to form of the question La 0 Sir was John Crum an effective salesman 4 Lacks foundation 5 for Kaiser Gypsum products b .. He was a very very effective salesman 5 A. Well when he first got going John and his 6 son more or less did the hanging of the board taping 7 He was what in the trade you'd call a salesman's 7 texturing themselves and then as he went on in the 8 salesman or a customer salesman 8 business built some bigger places his own home for g 0. And in your experience and in your 9 example he would hire that done by local contractors 10 supervision of Mr. Crum what made him so effective 10 that he knew 11 A. Honesty integrity and he was just on the 11 0. And sir do you know what drywall products 12 job when he was supposed to be fulfilled all our 12 Mr. Crum used when he was doing his own taping and 13 requirements of obtaining customers and the sale of 14 the producte 13 drywall work 14 MR PETTY Object to the form of the 15 Q. Did Mr. Crum receive any awards from Kaiser | 15 question 16 Gypsum for his sales activities 16 A. Lacks foundation Well he would use Gypsum wallboard then 17 A. Well this is an indication here 17 tape and texture and apply acoustics where necessary 18 indicating 18 0. And where would he get his supplies if you 19 + That's -- you're pointing to Exhibit 27 19 know Let me ask you do you know where he would get 20 A. Exhibit 2. That's when John was receiving 21 the salesman of the year for district 2 20 his supplies 21 A. From one of his distributors 22 4. And were you present at the ceremony when 23 he was given this award 24 A. Right 22 Q. And do you know what brand of drywall 23 joint compound and finish compound he used on these 24 houses 25 A. I now want to ask you some questions sir 25 A. Kaiser 42 1 concerning some of the other work that Mr. Crum did 1 42 MR PETTY Object to the form of the 2 when he wasn't selling Kaiser Gypsum products And I 3 guess my question to you sir is did Mr. Crum -- you 2 question 3 a. lacks foundation I'm sorry sir what was your answer 4 restified extensively that Mr. Crum sold Kaiser Gypsum 4 A. Kaiser 5 products Do you know whether or not Hr Crum used 5 a. Thank you Do you want to take a short 6 Kaiser Gypsum products 6 break 7 A. He used them personally 8 Q. And how was that sir 7 A. Yeah I'd like to 00 THE VIDEOGRAPHER Off the record at 11:23 9 A. Well John built some spec houses in Washoe 9 Recess 10 Lake Nevada which is between Reno and Carson City 10 THE VIDEOGRAPHER On the record at 11:40 11 HR PETTY Counsel can I 12 an objection to lack of foundation just interpose 13 Q. Go ahead 14 MR PETTY Go ahead 11 0 Mr. Crosby at the time that John Crum was 12 working for you selling Kaiser Gypsum joint and finish 13 compounds were you aware that those products 14 contained asbestos 15 A. It was done with my full knowledge because | 15 A. NO- 16 John was the type of guy that if he wanted to do some 16 Q. Did there come a time sir when you had 17 work on one of these houses he'd be out there at 3:30 | 17 any concerns regarding potential asbestos content in | 18 4:00 in the morning and be ready to go to work on his 19 normal sales jobs normally by 8 8:30 in the morning 18 Kaiser Gypsum products 19 A. Yes 20 work all day and then work evenings 20 a. Sir can you describe approximately wher 21 Q. First of all how do you know that Mr. Crum | 21 that was that those concerns developed 22 constructed houses on the side 22 A. Probably the late 60s '69 to '70 yeah 23 A. Well I visited most of his units when I'd 23 Q. And can you describe what caused you to be 24 be up there working with him 25 Q. And who would do the taping and drywall 24 concerned about asbestes in Kaiser Gypsum producta 25 A. Well we had customers and contractors and DEAN MOBURG & ASSOCIATES (206)622 3110 Pages 41 to 05/20/00 14:01 RX NO.0436 P.012 02/13/01 10:26 KMESA 14104402368 NO.075 P013 L CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 45 1 applicators that asked us outright if we had asbestos 1 47 A. No we don't have any accessories in our -- 2 in our products and I wasn't knowledgeable of any 2 any asbestos in our accessories 3 asbestos 3 After you were told by Mr. Kirk and Mr. 4 Q. And what if anything did you do in response 4 Raffaelli that there was no asbestos in Kaiser 5 to those customer inquiries 5 Gypsum's products what if anything did you do 6 A. 7 Kirk I think in about 1970 I want to George , 6 A. = Well at that point it was just about the 7 time we had a district sales meeting coming up So at 8 Q. And who was Mr. Kirk sir 8 the sales meeting question came to me from some of the 9 A. He was the administrator of manufacturing 9 salesmen do we have asbestos in our products and 1 10 in northern California well I think for the whole 10 said to my knowledge no I checked with George Kirk 11 company but in our area 12 / Did you speak to Mr. Kirk sir 13 A. I talked to George and I said George I'm 14 getting questions from customers and do we have any 15 asbestos in our products 11 and with Al Raffaelli 12 0. What was the general reaction of your sales |] 13 staff upon learning that no asbestos was contained in 14 Kaiser Gypsum products 45 MR PETTY Object to form ' Can we try to 16 a. And where did this conversation take place 16 slow down the questions and then the answers 17 sir 17 MR BERGMAN I'll finish my question 2007NNNN A. In the Kaiser Center on the 24th floor 18 you'll object then we'll go on 2007NNNN a. And approximately how far was Mr. Kirk's 19 20 office from Mr. Costa's office 20 MR PETTY Yes MR BERGMAN So let me try again with my 2007NNNN A. Well probably 100 150 feet 2007NNNN 0 And what if anything did Mr. Kirk tell you 23 in response to your inquiries concerning the presence 24 of asbestos in Kaiser Gypsum products 21 question 22 Q. What was the reaction of your sales staff 23 when you told them that there was no asbestos in 24 Kaiser Gypsum products 2007NNNN MR PETTY Object to form calls for 25 MR PETTY Objection calls for hearsay 1 hearsay 46 1 A. Relieved Relieved 48 2 Q. What did Mr. Kirk tell you in response to 2 0 And why was that sir to the best of your 3 that inquiry 3 knowledge 4 MR PETTY Same objection 4 A. Well because if you ++ 5 A- We did not have asbestos in our products 5 HR PETTY Objection lacks foundation & a. I don't understand sir 6 Calls for speculation 7 A. In our accessory products 8 a. What did Mr. Kirk tell you 7 A. If you had asbestos in your product it 8 would be negative towards sales and 9 A. When I asked him -- " 0 Did you have any discussions with John Crum 10 MR PETTY Same objection 10 concerning presence of asbestos in Kaiser Gypsum 11 A. I asked him if we had asbestos in our 11 products 12 products because we had had inquiries from our 12 A. He attended the meetings the meeting that 13 customers and he said no So then I went to Al 13 we discussed that 14 Raffaelli who was the accessory specialist in the 14 0. And what if anything did you tell John Crum 15 manufacturing of accessories at Antioch and -- 15 concerning the presence of asbestos in Kaiser Gypsum 16 a. Where did that conversation take place 16 products 18 17 A. At Antioch at his laboratory A. That according to the research and 18 a. And approximately when did that take place ( 18 development department the manufacturing we did not 19 A. It was 1970 I think 20 a. And what did you say to Mr. Raffaelli 19 have accessory B asbestos in our accessories 20 Q. And what was John Crum's reaction upon 21 A. I asked him I said Al is there any 21 learning this information ZZ asbestos in our accessory products 23 9. And what did Mr. Raffaelli say to you 24 25 hearsay MR PETTY Object to form calls for NNNND NNNND hearsay NNNND A. NNNND Q. MR PETTY Object to form Calls for Relief Can you be a little more specific Pages 45 to 48 DEAN MOBURG& ASSOCIATES 622-3110 a a . 05/20/00 14:01 TX NO.0436 P.013 02/13/01 10:27 KMESA > 14104482369 NO.075 P014 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 MR PETTY Objection to the form Calls 1 Q. Mr. Flicker was on the 24th floor 5 2 for hearsay and speculation 2 A. I think he was there and at Antioch 3 A. Relief insomuch as -- 3 Q. Now if you could just go down the 4 + Let me rephrase the question for you Mr. 5 Crosby and understanding that counsel has a standing 6 objection What did Mr. Crum tell you after you told 4 individuals we just have initials there if you couli 5 tell us who they are and what they did for the 6 company to the extent that you know 7 him that there was no asbestos in Kaiser Gypsum ~ & products 9 A. Well that he would go to his customers and 10 tell them that we did not have asbestos in our 11 products 12 Q. Mr. Crosby I'm going to hand you what's 13 been marked as Plaintiff's Exhibit No. 4. And I'm 14 going to put on the easel a blow of page 1 of 7 A. This is Robert Allgood He was the plant 8 manager of the Antioch plant And Caprye I think he 9 was involved with the Seattle plant Jack Cassidy was 10 the manager of our Firtex plant in St. Helen's Orego 11 where we made softboard products Chambers I think 12 was back east I think Dicks was back east I don't 13 recognize this one 14 Q. That's Mr. Homan 15 Exhibit 4. When was the first time sir that you saw [| 15 76 Exhibit 4 this document 16 A. Mr. Homan 9 Okay 17 A. Oh I think it was probably about three to 17 A. Modaff I think was at St. Helens P. D. 18 four months ago 19 " And prior to seeing Exhibit 4 did you have 20 any knowledge as to whether or not asbestos was 21 contained in Kaiser Gypsum products 18 Orleman was -- he replaced Bob Allgood as the manager | 19 of the Antioch plant This one I don't recognize 20 indicating What's that Tra 21 a. Traub 22 A. No. | 22 A. Traub I think he was east coast This is 23 a What was your -- prior to viewing Exhibit 4 | N Jim -- J. H. Walton indicating 24 what was your understanding as to whether or not N Walton I don't really know 25 asbestos was present in Kaiser Gypsum products 25 This is Richard wiborn indicating He 3 A. A. Well , asas I had stated the proper people #8in did bick 1 was -- - what did bick do At that time time in 1965 I do5n2 2 my mind said we didn't and so I took it at face 2 know what Wiborn was attached to at that time 3 value This letter was shown to me by counsel from 3 And then this is Sam Witt indicating 4 San Francisco at my home in Walnut Creek 5 Qa. Sir I'm going to ask you some questions 6 about Exhibit 4. And what I'd like you to do sir is 4 Samuel Witt he was the plant manager of the Long 5 Beach plant Paul Franklin was president of 6 production George Kirk was our research director 7 if you could stand and take the pointer and I'm going 7 q. And sir was the George Kirk on Exhibit 4 8 to ask you to identify the individuals identified in that or named in that 1965 document starting with L. 8 -- Excuse Me -- yeah Exhibit 4 -9 Kirk that you spoke to in 1970 -- the same George 10 Flicker on the right 10 A. Right 17 MR PETTY Counsel can just clarify 11 Q. - who told you there was no asbestos in 12 what is Exhibit 47 Is it a one page that's up there 12 Kaiser Gypsum products on the chart or is it multiple pages 13 A. Right 14 MR BERGMAN The document on the the 14 MR PETTY Object to the form of the 15 chart is the first page of Exhibit 4. The exhibit for {| 15 question 16 purposes of this deposition is the entire document 16 Q And how about J. C. Reilly sir 17 My inquiry is going to be restricted to the first 17 A. J. C. Reilly he was an attorney with the 18 page 18 corporation 19 MR PETTY Thank you 19 0 Where was Mr. Reilly's office located sir 20 Q. sir first of all could you tell us who 20 A. On the 24th floor of the Kaiser Center L. R. Flicker is 21 There was Ernie Schaper Ernie Schaper was -~ he was N A. Leonard Flicker in my mind was our safety | 22 the president of production Part of St. Helen's 23 engineer 23 plant part of Seattle plant the Antioch plant N 0 And where did Mr. Flicker work 24 a, Well thank you Mr. Reilly Okay Mr. 25 A. Out of the Kaiser Center on the 24th floor | 25 Crosby you can sit down if you choose I next want DEAN MOBURG & ASSOCIATES (206)622-3110 (206)622-3110 Pages 49 to 05/20/00 14:01 RX NO.0436 P.014 . || 02/13/01 10:28 KMESA 14104482368 NO.075 P015 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 53 1 to show you Exhibit 5. I just want to ask you to 2 identify a few of the people on Exhibit 5. Who is H. C. Dupuis 4 A. Harlan Dupuis was more or less 5 administrative assistantto Bob Costa 6 And how about M. L. Weightman 7 A. Howard was + Howard Weightman was at the 8 Antioch plant as a research developer Tom Smith was 9 a chemist that worked on formulation of Gypsum 10 products 11 Q. And how about A. F. Raffaelli 55 1 product quality and service We'd talk about the Z products quality of the products and the service 3 that we could give to the customer if he would buy our 4 products 5 Q. If there had been a hazard associated with 6 a Kaiser Gypsum product would that have been 7 something that you think you would have been 8 responsible for knowing about " MR PETTY Object to form of the question 10 A. I should have because we were getting 11 direct questions from our customers 12 A. That's Al Raffaelli He worked in the 13 research 14 0 And is that the same Al Raffaelli that you 15 had spoken to the year before 76 A. Right at the Antioch plant 17 Q. Sir I'd now like to ask you a few 18 questions about - like to ask you some stuff about 19 just your general work at Kaiser Gypsum Beginning at 20 the time you were a district sales representative can 21 you tell me whether or not you would have been 22 considered in upper management NNNN A. - Middle management 24 a. And while you were working in middle 25 management did you have to interact with production 12 Q,. Well sir - . 13 MR PETTY Object Move to strike the 14 nonresponsive portions of the answer 15 Q. -- I'm going to refer to Exhibit 6 which 16 is Kaiser Gypsum's sworn answers to interrogatories in 17 the Pickner case and I'm going to refer I'm going to 18 read Kaiser Gypsum's sworn response under oath to | 19 interrogatory No. 6 Kaiser Gypsum states under oath } 20 that Beginning in 1972 Kaiser Gypsum affixed caution 21 Labels to the packages and containers of its 22 containing products The warning label a 23 prescribed by OSKA read CAUTION Contains 26 asbestos fibers avoid creating dust breathing 25 asbestos dust may cause serious bodily harm 1 people 2 A. 3 a. 54 Yes And was one of your jobs to be aware of 56 4 Mr. Crosby between 1972 and 1978 were you 2 aware of any warnings on the containers of Kaiser 3 Gypsum asbestos products that breathing asbestos could 4 potential problems of Kaiser Gypsum products 5 A. Yes 4 cause asbestosis 5 MR PETTY Object to form of the question 6 MR PETTY Object to form of the question 7 Leading B Q. And did you have any responsibility 9 concerning product defects 10 A. Yes 11 Q. And what responsibility would that have 6 Lacks foundation 7 A. Not that there was asbestos in our product B 0. Are you aware of any warnings on Kaiser 9 Gypsum products that breathing asbestos could cause 10 lung cancer 11 MR PETTY Object to form Lacks 12 been 12 foundation 13 A. Well if there was a product problem or 13 14 assumed problem by a contractor or a customer it went | 14 A. No. . Are you aware of any warnings on Kaiser 15 directly to the salesman Then the salesman would 15 Gypsum products that breathing asbestos could cause 16 write what we call a customer problem report which 17 would be transmitted directly to my office I'd 16 mesothelioma mesothelioma 17 MR PETTY Same objection 18 review it initial it and send it back to the plant 18 19 for an answer . 19 A. No. a, Sir between 1972 and 1978 approximately 20 Q. Did you also have any responsibility for 21 communicating product information to customers 20 how many bags of Kaiser Gypsum product M Kaiser | 21 Gypsum joint or finish compound were sold by you or 22 A. Yes 22 under your supervision 23 G. And what was the nature of that 23 MR PETTY Object to the form Lacks 24 responsibility sir 25 A. Well well again which was our theme was 24 foundation | 25 A. I'd say approximately 250,000 Pages 53 to 56 DEAN MOBURG & ASSOCIATES 206 622-3110 eee . , 05/20/00 14:01 TX NO.0436 P.015 02/13/01 10:28 KMESA 14104482368 NO.075 P016 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 57 59 ' Q. And did you see a warning on any of those 1 of this case 2 bags of Kaiser Gypsum products 3 MR PETTY Object to form Lacks 2 A. No. 3 Q. Are you testifying here pursuant to 8 ~ 4 foundation 4 subpoena 5 A. Not to my knowledge b 0 Did you see a warning on any of the bags OT 7 Kaiser Gypsum products that were sold under your 8 auspices that breathing asbestos could cause a hazard 9 to human health 10 MR PETTY Same objection 11 A. Not to my knowledge or memory 5 A. Yes 6 Q. And other than reimbursement for your 7 transportation expenses are you receiving any 8 compensation for your testimony here today A. NO 10 Q. Have you had any discussions with Kaiser 11 Gypsum's lawyers concerning your testimony in this 12 a. Are you aware of any oral warnings that 12 lawsuir 13 were given to Kaiser -- given to any of your customers | 13 14 concerning dangers associated with asbestos that was 14 A. Yes a. And can you relate for us the time the 15 contained in Kaiser Gypsum products 15 place and the nature of those conversations 16 A. NO 16 A. Well -- 17 MR PETTY Object to form lack of 17 MR PETTY I'm going to object to the 18 foundation 18 extent it calls for hearsay 19 A. NO 19 Q. You can go ahead and answer 20 0 Sir I'm handing you what's been marked as 21 Exhibit 7. sir prior to this deposition have you 22 ever seen the text of the warning contained in Exhibit 23 20 A. I met with this gentleman right here first 21 at my house in Walnut Creek California talked to him | 22 23 on the phone prior to which was about three that weeks Then at a ago I met later date with him and 24 A. Not to my knowledge 24 his employer Gabrielle at my house in Walnut Creek 25 Q. Are you aware of -- are you aware of any 25 0 Was that Gabrielle Jackson sir discus ions senior 58 60 1 discussions among senior Kaiser Gypsum management that 4 A. Yes 2 warnings needed to be placed on Kaiser Gypsum's 3 containing products 2 Q. And what did Kaiser Gypsum's attorney say 3 to you during the course of that meeting at your home ^' A. No not to my knowledge S Q. Sir during the time that you worked for 4 approximately three weeks ago 5 MR PETTY Object to form Calls for 6 Kaiser Gypsum did you consider yourself to be a loyal 7 employee 6 hearsay 7 A. Pretty much the same questions I've been 8 A. Absolutely ? MR PETTY Objection Leading 8 asked today Gave the same answers g MR PETTY Object and move to strike the 10 0 11 you had And today toward Kaiser ir ~- what was the feeling that Gypsum at the time that your | 10 11 nonresponsive portions of his answer 0. Did you have any discussions with Kaiser 12 employment for that company came to the end 12 Gypsum's 13 A. Well it was best company I ever worked 13 anything 14 for We were very upset 15 Domtar of Canada that they sold the company to | 14 15 company -- did Kaiser Gypsum's Lawyer mention to you concerning your Loyalty to the MR PETTY Object to form Leading calls 16 A. And as you look back over the years that 17 you spent with Kaiser Gypsum the 18 years that you 16 for hearsay 17 A. Well he asked me if I was a dedicated 18 spent with Kaiser Gypsum how do you feel about that 19 portion of your life 20 MR PETTY Object to form 21 A. Very good 18 employee enjoyed my employment which I answered both 19 positively ~ 20 Q. And do you still feel that today sir 21 A. Absolutely 2 A. Are you a party to this lawsuit sir John 22 MR BERGMAN Those are the only questions 23 Crum's lawsuit 23 that I have 24 A. No. 24 MR PETTY You're resting your direct 25 a, And do you have any interest in the outcome | 25 examination DEAN MOBURG & ASSOCIATES 206 622-3110 Pages 57 to 05/20/00 14:01 RX NO.0436 P.016 |] MINUTIS OF THE SAFETY COMMITTEE MEETING MARRIOTT MOTOR HOTEL SADDLE BROOK NEW JERSEY SEPTEMBER 19 1967 Safety Hotel were Mr. F. H. Zimmerman Chairman of the Gypsum Association Committee called the meeting to order at the Marriott Motor Saddle Brook New Jersey at 6:30 a.m. Those in attendance ; C. J. Saturnia E. F. Fink J. Gress R. W. Henly J. Tuffy T. D. Telin F. H. erman P. Kipp A. V. Abnee Jr. Jr. F. J. Rogers Celotex Corporation Georgia Corporation Gypsum Division Kaiser Gypsum Company Inc. The Flintkote Company The Flintkote Company National Gypsum Company National Gypsum Company United States Gypsum Company Gypsum Association Association Gypsum Association A. The chairman requested that the member secretary relate the tin company response for safety articles to be used in the Bulle- Following a brief discussion by the committee it was their recommendation that each member company stimulate employee partici- pation by urging the plant employees to write and articles to the submit safety Association , 3. The comittee reviewed the Bulletin format the consensus that it was and it was member satisfactory in its present form One suggested Bulletin that a possible change be considered when the next mast head is printed The Bulletin stock supply would be secretary indicated that present depleted at the end of the fiscal year and at that time committee suggestions would be solicited The committee requested that the chart showing the industry secretary frequency rating over the construct a as related to the all industry frequency rating National Safety Council and print this chart past four years reported by the The secretary indicated in the Safety Bulletin that such a chart was already being considered for the October issue . docket The committee directed that this item be carried on the docket certifcate certifcate winers les costly costly on purchase @ ash ash tray the costly Your Valthe les thorugh also one thre editonseditons certifcaecertifcae thorugh editons Safety ry the Divson 1967 DiamondRobertsn article Bet Robertson article Did Your Asitan Life The SuperintdentYou The duction Divsion Californa Robertson Divson certifae awrd certifcae tray contributonso Fremnt inscrbedthe AND inscrbed ATE 77 as comite chairmn inscrbed pelution involginvolg chairmn : few polutionpolutin kepingATE citedcited involing local few onkeping Superintendent , California contributon to recive AND STREAM The certifcate certificate California August 77 few local , inscribed to inscribed problems problems a fedral pelution Gypsum Diamond tray for involvingthey the involing comite dircetd keping abrestabrest STREAM mebr cited recnt polutin abrest cited levl with stae dustry inhabtns stae recnt dustry dustry the lung lung invelg pregamsthe further that and lega aginst noted manufctre surondig and claimnts the plant pregamsasbeto lega the manufctre manufctre claimnts water polution have neighbord action thet legal action tacatkioenThe draagmitnisct chairmanchairman indicatedindcated metmanufacturemanufacture take Folwing Folwing thaof problems head polutin should should discuon polutin discuion polution this shouldshould the gypsum Folwing discuon polutin activedustries discuon dustries was the consensu what active this discuon outling varicus subject More thatvaricus More motion taken to tionsuget chairmen to taken directs loca polutin tion problems chairmen chairmen give directs polutin tion advise prelim greatr a be directers have give The comite give directed as caried greatgreatr thecaried docket that on comite docketdocket directd comitehat caried ae should directd caried om the if docket comtie resultd aste presga. subject subject varicus baloz.Cypsuz ebtain exist avrd the and have ine they Ic ty is prebls prozle=s mestr pelice plants a was in- invelving inveling such problems ef safety comite them the the the comite join this subject for tt. his of Pro- be n claimnts polution comited head if te in comite should problems problems comite polution comite sturing sturing preliem control sturing be caried to the sect. and eware a The have re- that set ste PLAINTIFF'S TO 151 Mr. J. N. FROM SUBJECT 151 K. S. Freeman CAUTION LABELS FOR JOINT COMPOUNDS CC 147 113.1 (= M1r. C. C. Gramer 147-2 Mr. R. P. Entz + 159 Mr. E. .. Hobbs 151 Mr. E. Maynard Mr. J. H. Crumbaugh cr an . member As a of a Special Committee on Asbestos in Joint Treatment Compounds under the auspices of the Gypsum Association I am reporting on the recommendations which were proposed at their all first meeting on August 8 1973 One recommendation was that joint compound manufacturing members of Gypsum Association affix the OSHA asbestos caution label on all containers of joint compounds powder and ready Both the National Gypsum Company and the U. S. Gypsum Company submitted test data on mixing and sanding joint compounds With to asbestos fiber concentrations both reports were in respect agreement that mixing powder joint compounds resulted in fiber concentrations that usually exceeded OSHA standards and in some < The two reports were also in agreementagreement on data resulting from sanding the dried joint compounds The fiber concentrations from both powder and ready joint compounds were all lower than OSHA standards It was on the basis of our test data and the regulations cited in title 29 Chapter XVII Section 1910.93a paragraph 2 of the Federal Register dated June 7 1972 that we reached decision in August 1972 to print the OSHA asbestos caution label on all bags of powder joint compounds but not to label the containers of ready joint compounds It was reported at the Gypsum Association Committee meeting that ' the National Gypsum Company was affixing the OSHA asbestos caution label on containers of ready joint compound on their contention that the applicator has the right to know that a product contains a potentially hazardous ingredient other committee members . concurred I however that approval by USG of the OSHA asbestos caution label on ready joint compound containers was contingent on approval by our Marketing and Legal Departments Since the time of the committee meeting I have seen two other competitor's ready joint compound containers that have asbestos caution labels Pro Mixed Vinyl Taping Cement producted by the Roach Paint Company of Dallas Texas has a 4-1 x 8-5 label on the top of their cardboard carton as follows CAUTION - Contains Asbestos Fibers - Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm We Do Not Recommend Sanding of Our Joint Cement For Best Results We Recommend Sponging Joints to Eliminate Dust Another product Paco Vinyl Ready Joint Cement produced by Paco Textures Company of Dallas Texas has the OSHA asbestos caution label on the carton 4N IINITED STATES CUTISTII COMPANY +e eee eo omwewmy cco we fe ROLAED ' August 1973 Page2 * - Pf 1630 EXHIBIT Another recommendation by the committee was that all joint compound manufacturing members of the Gypsum Association should affix a uniform caution statement for siliceous and nuisance dusts on all containers of powder and ready joint compounds as follows CAUTION - When and dry sanding this product wear eye protection and a respirator which is U. S. Bureau of | producing Mines approved for toxic nuisance and pneumoconiosis dusts Wat sanding or sponging is recommended where practicable For ready products omit phrase mixing and in first line of the statement and Reports submitted by the National Gypsum Company for powder ready joint compounds have the following statement in their Summary Tests showed that the total and respirable dust released during the mixing operation and the sanding operation will exceed the allowable OSHA limits USC has not conducted tests for the total and respirable fraction of siliceous and nuisance dusts ; . My recommendations are as follows _ a the asbestos 1 believe that OSHA caution label on ready compounds would not be a handicap to sales especially if it were universally adopted However I recommend that this Marketing decision be referred to the for approval ; and Legal Departments '.. 2 Although standards have been established by OSHA for maxim~- ', levels of the total and the respirable fractions of siliceous and nuisance dusts in the work environment there are no - specific mandatory caution labels such as that for asbestos . However cautionary label statements would be required if any foreseeable use particularly the mixing and sanding of the joint compounds will result in dust levels that exceed OSHA standards so Tests are scheduled in Denver in mid September to establish among other things the dust levels created by mixing and sanding joint . compounds Samples of powder topping joint compound and ready joint compound will be submitted six Gypsum Association joint compound manufacturing members in a blindfold test The results will be monitored by an independent industrial hygiene testing laboratory which not yet been selected I recommend that a final decision on the adoption of a uniform Gypsum Association dust hazard label be deferred until the mixing and sanding tests are conducted in Denver jak news U.S.G IBLIC RELATIONS DEPARTMENT | TELEPHONE 321-3835 UNITED STATES GYPSUM COMPANY 101 S. WACKER DR CHICAGO ILL 60606 P.R. No. USG 73-49 FOR GENERAL RELEASE U.S.G. INTRODUCES NON ASBESTOS TEXTURING MATERIALS ON WEST COAST asbestos texturing materials for both walls and ceilings have been released in the Western states by United States Gypsum | | Company | The products IMPERIALfiQT Texture Finish for ceilings and USGfiSpray Texture for sidewalls eliminate the health hazards associated with breathing asbestos dust during application work Use of the products simplifies compliance Safety and Health Act standards with OSHA Occupational Both products also are casein loss of material held in mixing tanks associated with casein products eliminating spoilage and Gone too are the odors Use of this U.S.G. caused by spraying over texturing system minimizes dissimilar finishes discoloration IMPERIALfiQT Finish is formulated for spray application to produce a simulated acoustical ceiling finish in an exceptionally white coarse texture The finish has excellent bonding qualities and adheres to gypsum panels properly cured new or old GP035 concrete GP035 plaster or wood Its GP035 exceptional hide and body conceal minor GP035 1530 surface defects 1530 -more- 1530 6572 ASBESTOS TEXTURING MATERIALS // ADD ONE USG Spray Texture Finish produces a range of wall finishes from orange to heavy splatter with good hide and excellent hardness For more information on this new asbestos texturing system write United States Gypsum Company 525 S. Virgil Avenue Los Angeles California 90020 - END - For further information contact D.E. Shipley Phone 388-1171 ENCLOSURE PHOTO ENCLOSED September 5 1973 GPC35 1591 Suite 1210 powees _ 8. 3 wooin 8. Gypsum Gypsum a a Co. ithe oS MaMa defense of U. Gypsum in litigation Mr. J. J. Gafford Manager of Technical Service Department The Celotex Corporation P. U. Lox 22602 Tampa Florida 33022 Dear Jerry that you The Clayton requested are Reports on Sanding Joint enclosed for your file Treatment Compound Yours very truly GYMSUM ASSOCIAASSOTCIATIIONOAS ONCIATION h o Curlson Manager Technical Survices 7.BC Attachment GEORGE D. CLAYTON & ASSOCIATES ENVIRONMENTAL CONTROL SPECIALISTS SOUTHFIELD MICHIGAN 48075 EVALUATION OF EXPOSURE TO ASBESTOS DURING MIXING AND SANDING OF JOINT COMPOUNDS GYPSUM ASSOCIATION Denver Colorado November 19 1973 GP032 1 96 EVALUATION OF EXPOSURE TO ASBESTOS DURING MIXING AND SANDING OF JOINT COMPOUNDS GYPSUM ASSOCIATION Denver Colorado INTRODUCTION The Gypsum conduct an Association Stained George D. industrial hygiene survey at a Clayton and Associates to test site located in Den- ver Colorado centrations of The purpose of the survey airborne asbestos to which was to determine the workers were exposed con- dur- ing mixing results in and sanding of joint cement compounds and to interpret the terms of potential health hazards with particular refer ence to regulations promulgated Safety and Health Act of 1970. 19 1973 by Mr. Robert D. Soule under authority of the Occupational This study was conducted -- --November of Clayton and Associates Results of that study are reported herein BACKGROUND The Gypsum Association located Illinois is & trade association at 1603 Orrington Avenue in Evansto which represents ten to fifteen in dustrial companies which are engaged in the manufacture of products incorporating gypsum or gypsum materials As with most indus- trial concerns the activities of the Gypsum Association have become more broad with the passage and implementation of federal regulations such as the Metal and Metallic Mine Safety Act and the Occupa tional Safety and Health Act Technical committees composed of ber- sonnel from companie comprising the Gypsum Association have been es tablished with particular interest in the occupational safety and health field Of particular concern in this respect was the poten- tial hazard associated with exposu of workers to airborne asbestos during mixing and sanding of compounds used to seal cracks and joints formed during installation of wallboard material Although the Spe cific formulations used by the various comp manufacturing and supplying the joint compound vary is all of them incorporate asbestos in the understood that product whether essentially as a dry.com dry.com pound or a ready product In order to evaluate the exposure of workers to asbestos during han- dling and use of the decided to undertake joint compound a test program products the Gypsum during which several Association products would be mixed and sanded George D. tained to collect and analyze samples Clayton and which would Associates was rerepresent the ex- posure of workers November 19 1973 Townhouses which engaged in the study The tests were performed on in a development of townhouses known as King's Mill were under construction in a suburban area north of Denver Colorado POTENTIAL WITH HEALTH HAZARD ASSOCIATED EXPOSURE TO ASBESTOS Asbestos is a generic term referring to various mineral silicates The types used most widely in industrial applications include chrysotile OF white asbestos a hydrated magnesium silicate site or grey asbestos an iron magnesium silicate crocidolite or blue asbestos a sodium iron silicate tremolite a calcium mag- nesium silicate and anthophyllite another iron magnesium sili- cate Of these chrysotile accounts for over 90 percent of the total usage of asbestos in this Country with amosite and Crocido lite being the only other types used to any significant extent Asbestos exists naturally in bundles of extremely fine fibers which can be subdivided easily into many smaller fibers The potential health hazard associated with exposure to estos is that of inhala- tion of airbor fibers resulting in a type of pneumoconiosis Referred to as asbestosis Small asbestos fibers can pass readily through the upper respiratory tract and be deposited in the terminal bronchi- oles of the lung There they produce a local irritation which the body attempts to overcome by initiating a tissue response resulting in the encapsulation of the fibers and consequent formation of as bestos bodies If sufficient quantities of fibers are inhal over an extended period of time a generalized diffuse peribronchiolar fibrosis can develop This pulmonary fibrosis can impair the trans fer of oxygen across the aveolar membranes and result in ratory insufficiencies or even cardiac failure It has been determined through toxicological and epidemiological studies that long fibers 20 to 50 micrometers in length are most active in the production of the fibrosis Fibers shorter than about two micrometers in length are practically without an irritating effect There is some evidence that other minerals having fibrous teristics can produce simi lar reactions Many recent studies have indicated an tion between exp to asbestos in both industrial and urban atmospheres and an increase in a relatively rare type of lung cancer known as mesothelioma Al- though it has not been possible to establish a ction with asbes tos in all cases of this disease there is a strong correlation e tween exposure to crocidolite and Occurrence of mesotheliomas Other types ever of asbestos have been this new hazard has implicated to received much a much public lesser extent How- attention because it has been suggested that very minimal occupational expos can be sufficient to produce the disease in some individuals For many years the American Conference of Governmental Industrial Hygienists has recommended a threshold limit value TLV of five miilion particles per cubic foot of air mppcf for all types of asbesbearing dusts containing less than one percent alline silica The threshold limit value is efined as the concentration of an air borne contaminant to which it is believed that nearly all workers can be exposed for continuous and epeated work days without experienc adverse effects The TLV of five appof was based on the impinger sam- pling technique which Was selected as the standard method in the ly epidemiological studies of occupational exposure to asbestos * this method air is drawn through an impinger containing water and the total particles both grains and fibers in an aliquot of the sample counted using field microscopic techniques Within recent years because of the increasing concern about asbes in the environment and the resulting need for a more relevant sam- pling method the American Conference of Governmental IndustriIandustlrial Hygienists has proposed a TLV of five fibers greater than five mic meters in length per cubic centimeter of air This standard is based based on the membrane filter technique with actual microscopic fiber count- ing at 400-450x magnification using phase contrast illumination The Occupational lished the above Safety and Health Administration OSHA has estab concentration five fibers greater than five micro- meters in length per cubic centimeter of air as an emergency stand ard and have announced that effective July 1 1976 the acceptable limit for an eight weighted average exposure will be re- duced to two fibers In addition OSHA has established the con centration of ten fibers greater than five micrometers in length per cubic centimeter Workers shall not be of air a an accept ceiling concentration exposed to rations of asbestos in excess of this value regardless of duration of exposure SAMPLING AND ANALYTICAL METHODS The air sampling conducted to evaluate exposures of Workers to asbes- tos was all of the breathing zone type These samples were col- lected by drawing air through mm diameter membrane filters Milli pore Type AA at operated a rate of about two liters per minute using small pumps Mine Safety Appliances Company Model G The sampling units were worn by the workers engaged in either mixing Or sanding the joint compound the pump was attached to the belt and the sampler head fastened on the outside of the worker's shirt at approximate breathing zone height Thus these samples were repre sentative of the weighted average conditions to which the ---- -- were exposed during the sampling period The sampling head consisted of a three piece cassette Millipore during sampling the face cap was removed and the filter was used in an open face mode with the filter positioned slightly downward so as to minimize dust fall directly onto the filter Sampling was conducted for the entire duration of the mixing oper tions but because of the higher anticipated concentrations associ ated with sanding of the joint compounds it was decided to change filters approximately every ten minutes Sampling during the sand- ing on the various joint compounds was conducted over a total perio of sixty minutes Therefore six consecutive minute samples were obtained for each sanding test In addition to the minute test les were collected over minute periods as well e two consecutive minute samples for each sanding test After collec tion of each sample the filter cap was replaced and the casset ---- sampler head was sealed immediately and prepared for transfer to the analytical laboratory The method of counting asbestos fibers was essentially the same as that used by the U.S. Public Health Service for the enumeration of asbestos dust on membrane filters The description of this method 6P032 first appeared in an article written by G.H. Edwards and J.R. and appeared in the Annals of Occupational Hygiene Volume 2 1-6 1968 Lynch pages 19 In summary the method consisted of the following ste A shaped section of each sample was mounted on a standard microscope slide using a high viscosity solution of membrane filter in a 1 mixture of diethyl oxalate and dimethyl phtha- late to render the filter transparent The asbestos Fibers which were on the surface of the filter were then counted usin a 10X eyepiece and a 40X objective with phase contrast illumina- tion A number of fields ficient to reveal a selected at random across the sample suf- minimum of 100 fibers were examined and fibers greater than five micrometers in length were counted Any particle having an aspect ratio of three or greater was con sidered to be a fiber Although it was conceivable that there would be fibers of paper or other materials present -- --the fil ters which would have been dislodged from the wallboard during the sanding operation it did not appear that these were of any adverse consequence during the analysis of the samples Although it is realized that the counting technique is not specific in terms of being able to identify the chemical ---- --,of --the fibers present in the sample all of the fibers observed in these sam- ples appeared tos fibers to have physical features characteristic of asbes- For those samples collected over a minute period and which were too heavily loaded to evaluate directly under the microscope the collected material on the filters was dislodged in a highly purified distilled water bath using an ultrasonic unit Dynasonic Corporation Model G6 generator and Model 16 tank and diluted to one liter An aliquot of the resulting suspension was drawn passed through a membrane filter Millipore Type HA and was then analyzed according to the cecure described above PRESENTATION OF RESULTS A total of four joint compound products were used during this study These products two dry two manufacturers whose mix and two ready mix were supplied by identities were not known to the investiga- tor The products were number referring to the identified by code 2D supplier and the letter 2R 4D and indicating 4R a whether the product was a dry or ready compound The results of the sampling program conducted the two dry mix products and sanding tests on pounds are presented in Tables I through IV data reveals following during the mixing of all four joint Com Examination of these 1 During mixing of Joint Compound 2D the worker was exposed to a concentration of 31.4 fibers greater than five cicremeters in length per cubic centimeter of air sand- 2 The amount of total particulate generated during the sand- ing operation on Joint Compound 2D was so great that e analysis of the minute samples was not possible Anal- ysis of the minute samples which were redeposited indicated an average concentration of 39.4 fibers greater than five micrometers in lengtph er cubic timeter f air The results of analyzing four of the six minute samples collected during sanding on Joint Compound 2R indicated an average concentration of 4.2 fibers per cubic centimeter two of the samples were too heavily loaded to analyze di- rectly Results of analysis of the two minute sam- ples collected during the sanding on Joint Compound 2R indi- cated an average concentration of 11.1 fibers per cubic cen- timeter a factor of over 2.5 times as high as the average obtained from analysis of the minute samples The sample obtained during the mixing of Joint Compound 4D indicated a concentration of 7.6 fibers greater than five micrometers in length per cubic centimeter of air Results of analyzing four of the six minute sample col- lected during the sanding on Joint Compound 4D indicated an average concentration of 4.4 fibers per cubic centimeter Analysis of the two minute samples which were sub- jected to the redepositing procedure indicated an average concentration of 14 fibers -- --cubic centimeter a factor of 3 times as high as results obtained from the minute samples The results of analysis of five of the six samples obtained during the sanding on Joint Compound 4R indicated an aver- age concentration of 10.8 fibers per cubic centimeter Re- sults of analysis of the two minute samples indicated an average concentration of 9.7 fibers per cubic centimeter a value essentially the same as that obtained from analysis of the minute samples Six of the thirteen minute samples obtained during sand- ing on excess the four joint of five fibers compounds per cubic indicated concentrations in centimeter Both mixing operations generated asbestos concentrations in excess of five fibers per cubic centimeter Two of the thirteen minute samples collected during the sanding tests indicated concentrations in excess of ten fibers per cubic centimeter the acceptable ceiling concen tration One bestos of the two mixing operations generated an concentration in excess of ten fibers per as cubic centimeter Of the four products tested sanding on 2R and 4D resulted in concentrations less than but approaching the current acceptable limit for continuous exposure of workers five fibers per cubic centimeter Product 4R consistently pro- GPO32 duced very high ntrations of total the asbestos fibers on the samples dust which obscured 1701 CONCLUSIONS The and following conclusions are presented on the basis of measurements made during the study reported herein observations 1 Based on the results of the minute samples it is appar ent that the exposures of workers engaged in mixing and sand- ing of the various joint compounds used during this test would be to concentrations approaching or exceeding five fibers greater than five micrometers in length per cubic centimeter of air : 2 It is clear that persons engaged in the mixing and anding of joint compounds similar to those used during this test would be exposed to concentrations of airborne asbestos in excess of two fibers per cubic centimeter during the entire Course of their work This value is the proposed acceptable limit for an eight weighted average exposure to asbestos which is scheduled to become effective July 1 1976 3 With the exception of the tests conducted during sanding on joint compound 4R the results of analysis of the thirty ute samples using the redeposition technique were consist- ently higher than those obtained by direct analysis of the minute samples by a factor of 2-1 to 3-1 Therefore tr appears that use of the redeposition technique would re- sult in the apparent concentrations of asbestos in air being higher than actually present and would therefore err on the conservative side 4 Discounting the results obtained by analysis of the thirty- minute samples for which the redeposition technique was used three of the samples collected mixing of 2D and sand- ing on 4R indicated concentrations in excess of ten fibers per cubic centimeter and are thereforea concern as exposures With those exceptions the problem is -- peak ----of con- trolling the weighted average exposures of workers to asbestos In that respect it must be pointed out that the sampling results reported herein are indicative of the exposures of Workers during the mixing or sanding operations and not their weighted average exposure for a full workday RECOMMENDATIONS 1 The results of sampling reported herein should be analyzed i conjunction with a study of the work practices and routine of persons engaged in mixing sanding or otherwise being exposed to joint compounds similar to those used in this study In way a true evaluation of the weighted average exposure this of such workers to asbestos can be made If it is true that as reported by workers used for an individual to mix during this test it or sand on the joint would be unlikely compounds for greater than two hours per workday then the weighted ave age exposure of such Workers to asbestos likely would be wi acceptable limits Of course the problem of controlling any exposures to below ten fibers have to be contended with per cubic centimeter would still 2 From the standpoint of being able to eliminate or minimize the problem of excessive concentrations of asbestos being generated by handling and use of the joint compounds consideration should be given to the following aspects a. The most effective means of eliminating the asbestos prob- lem obviously would be to eliminate asbestos from the joint compound formulations if this is feasible Although the specific role that asbestos plays in the joint compound formu lations is not clear it is unders that manufacturers of joint compounds consider it ary that asbestos be in the formulations b From an engineering standpoint it may be necessary to imple ment the following measures in conjunction with mixing and sanding of the joint compounds containing asbestos 1 Mixing of the joint compounds could be done in such a way that the material is more effectively wetted as it is removed from the containers 10 could be done within an 0 enclosure with or as to minimize the without mechanical amount of asbestos ventilation fibers released into the breathing zone of the workers ~ 11. Although indicate the results of concentrations the air sampling reported herein of asbestos fibers in excess of acceptable limits either those currently enforced or those proposed to be made effective in July 1976 it was obvious during the study that the sanding process in general has associated with it exposure of the worker to tremendously high concentrations of total dust There fore if means were implemented to maintain the exposure of the workers to total particulate to within accepta limits there would be an inherent control of the asbestos problem as well Although more extensive in nature en- gineering control of the total dust generated by the sand- ing operations is feasible Such control techniques would '. include but not technique and be limited to the use ofa wet use of a portable local exhaust sanding ventila- tion system incorporating as the air moving device a unit similar to common industrial vacuum cleaners and bag collectors 3 The next phase of the testing program to control workers expo sures to asbestos during use of the joint cement compounds logi cally would be evaluations of the various potential engineering control concepts indicated or inferred above This report prepared by rae) / aon ! . ads. GP032 Robert D. Soule P.E. President Industrial Hygiene Services 1203 Client Gypaum Association TABLE I GEORGE D. CLAYTON & ASSOCIATES INDUSTRIAL HYGIENE SAMPLING SUMMARY Material GP03 1204 AsbestoB 1973 Date Sample JOINT COMPOUND 2D a Description 19 | 2D Mixing of compounbd 11/19 2D Sanding on compouncd 19 2D | Sanding on compouncd 11/19 2D | Sanding on compouncd 11/19 2D | Sanding on compouncd 19 J 2D Sanding on compound c 11/19 2D | Sanding on compouncd 19 2D Sanding on compound c 19 2D | Sanding on compouncd Sampling Period Sample Weight Start | Stop Sample Concentration Volume / Fibers Liters ...m 09:28 11:57 11:57 12:17 | + 12:27 12:57 12:37 13 31.4 60 35.2 - * - * - * 60 43.6 ** - * 12:37 12:47 12:57 - * - * a All samples were obtained in the breathing zone of the workers b Mixing of Compound 2D was done by Mr. Harold McDowell in King's Mill Townhouse Unit 81 . . c Sanding of Compound 2D was done by Mr. James Pasquariello in King's Mill Townhouse Unit 77 Psychrometric conditions in 77 at 11:45 were 56 dry bulb 41 wet bulb 22 relative humidity too heavily loaded for direct analysiu material on filter was taken into suspension and an aliquot redeposited for analysistaken TABLE II Client _ 1973 Date Gypaum Association GEORGE D. CLAYTON & ASSOCIATES INDUSTRIAL HYGIENE SAMPLING SUMMARY Material GP032 1205 Asbesto8 Sample JOINT COMPOUND R a Description Sampling Period Sample Weight Start | Stop Sample Volume Concentration Fibers Liters 5 m 19 | 2R | Sanding compounbd 19 2R | Sanding compounbd 1/19 | 2R Sanding b compound 11/19 2R | Sanding compounbd 11/19 2R | Sanding compounbd 11/19 2R | Sanding compounbd 11/19 | 2R Sanding compound b 11/19 | 2R | Sanding compounbd 16:18 15:58 15:58 16:18 16:48 16:28 16:38 16:48 60 20 20 . 20 60 20 20 20 12.3 ** 4.5 4.2 4.1 9.9 * 3.8 * a All samples were obtained in the breathing zone of the workers in b Sanding of Compound 2R was done by Mr. David Potter in King's Mill Townhouse Unit 79 Psychrometric conditions 79 at 15:45 were 39 dry bulb 35 wet bulb 66 relative humidity * too heavily loaded for direct analysis ** material on filter W88 taken into auspension and an aliquot redeposited for analysis Client _ 1973 Date Gypsum Association TABLE III GEORGE D.'CLAYTON & ASSOCIATES INDUSTRIAl hygiene SAMPLING SUMMARY Material GP03 1206 Asbesto8 8ample JOINT COMPOUND 4D a Discription Sampling Sample Period = Weight Start | Stop Sample Volume Concentration Fibers Liters ...m 11/19 | 4D Mixing compound b 11/19 | 4D | Sanding compouncd 19 | 4D | Sanding compouncd 11/19 | 4D Sanding compound c 11/19 | 4D | Sanding compouncd 11/19 | 4D | Sanding compouncd 1/19 | 4D Sanding compound c 11/19 | 4D Sanding compound c 11/19 | 4D | Sanding compouncd 09:09 09:17 10:20 10:50 10:20 10:29 10:29 10:40 10:40 10:50 _ | 10:50 11:00 10:50 11:20 11:00 11:00 11:10 11:10 11:20 14 4 7.6 60.0 15.5 18.0 5.2 22.0 * 20.0 3.7 20.0 60.0 20.0 4.1 14. * 20.0 4.7 m All samples were obtained in the breathing zone of the workers b Mixing of Compound 4D was done by Mr. Harold McDowell in King's Mill Townhouse Unit 80 ; c Sanding of Compound 4D was done by Mr. James Pasquariello in King's Mill Townhouse Unit 76 Psychrometric conditions dry and wet bulb tempera tures were not recorded * too heavily loaded for direct analysis ** material on filter Waa taken into suspension and an aliquot redeposited for analysis Client [ 1973 Date Gypsum Association TABLE IV GEORGE D. CLAYTON & ASSOCIATES INDUSTRIAL HYGIENE SAMPLING SUMMARY Material GP032 1207 Asbestos Sample JOINT COMPOUND 4R Description Sampling Sample Sample Period Weight | Volume Concentration Fibers Start | Stop Liters 5...m 11/19 | 4R Sanding compounbd 11/19 | 4R | Sanding compounbd 11/19 | 4R | Sanding compounbd 11/19 | 4R | Sanding compounbd 19 | 4R | Sanding compounbd 1/19 | 4R | Sanding compounbd 11/19 | 4R | Sanding compounbd 11/19 4R Sanding compounbd 14:31 15:01 14:31 14:41 14:41 14:51 14:51 15:01 15:01 15:31 15:01 15:11 15:11 VOID 15:18 15:31 60.0 20.0 11.3 ** 6.3 20.0 7.5 20.0 19.9 60.0 8.1 ** 20.0 5.3 - - 26.0 15.0 a All samples were obtained in the breathing zone of the workers b Sanding of Compound 4R was done by Mr. David Potter in Townhouse Unit 78 King's Mill 44 Psychrometric conditions'in 78 at 14:45 were dry bulb 38 wet bulb 68 relative humidity material ae on filter was taken into suspension and an aliquot redeposited for analysis Kaiser Gypsum Gypsum Kaiser - Gypsum 13. Aob Guidelbiooklnets eboosklets for plant mgr mgr 8/14/74 8/14/74 Brent Salesman products in 1932-78 but in depo DEFENDANT'S EXHIBIT i A 12/18/01 Castleman Castleman S: il PLAINTIFF'S EXHIBIT cc L.A. 961'- T. M. Supple Supple L.A. 961 - P. B. Thompson Thompson L.A. 901 - D. S. McVicker McVicker L.A. 961 M Roger Gillette Gillette (ay yt Ly o% / | RECEIVED JUN 12 1972 Industrial Safety Precautions Precautions - Tope and Joint Compounds June 2 1972 While attending the State State Fire Marshal's fire test ect Corridor - I had the the occasion to talk with Mr. RporboegrrtamGu-liPcrkojof the Drywall Industry Trust Fund Included in this conversation j was Mr. Waitman Marvin Smith of the Gypsum Association and of Kaiser Gypsum Gypsum Research and Development Mr. Howard Mr. Gulick advised that there have been recent discussions brought on by trade unions raising raising questions about the ill effects that could possibly be encountered using joint and tape compound systema Mr. Gulick indicated that documentary documentary evidence has been introduced by medical persomel that indicates over of time that workmen approximately a five year period . subjected subjected to sanding joint cystems recorded a high rate of lung cancer attributed possibly to the asbestos content of the fibers used in the various joint compounds Mr. Gulick was in the process process of preparing a letter to alert facturers of joint compound compound to be for mami- that might ensue prepared any interrogation : Mr. Gulick further advised advised that he would send a letter in of Smith of the Gypsum Assoc Assoc who care Mr. in turn will relay to all of the Sypsum nufacturers In addition Mr. Gulick will also inform the other manufacturers of joint compound systems that are not members of the Gypsum Assoc Assoc necessarily This memo is being sent for information use only in the the persons concerned of of the attempt to alert impending problem { ry USG106.1 TAB 34 62073 KAISER CEMENT Log Log KAISER CEMENT CORPORATION 1333 NORTH CALIFORNIA BLVD SUITE 445 WALNUT CREEK CALIFORNIA 94596-1209 TELEPHONE 415 256-3050 1515 ADDRESS P.O. BOX 8019 WALNUT CREEK CA 94596-1209 TELECOPIER 415 256-3064 3pP 3pP October 3 1989 ATLIS Federal Services Inc. AIA Clearing House 6011 Executive Boulevard Rockville Maryland 20852 ECEIVEN ECEIVEN OCT 10 1989 Re Docket Control No. 62073 Submission of Kaiser Cement Corporation in Compliance with the Asbestos Information Act of 1988 Dear Sirs In compliance with the Asbestos Information Act of 1988 the Act and Federal Register notices promulgated by the EPA at 54 Fed Reg 7 1989 15622 April 18 1989 and 54 Fed Reg 32430 August Kaiser Cement Corporation Kaiser Cement submits information on containing building products that it formerly manufactured Kaiser Cement has not manufactured or marketed containing building submission represents Kaiser time about those products products Cement's since 1976. This best knowledge at this 1. Name and address of manufacturer of containing materials The name of the manufacturer of containing materials submitting information is Kaiser Cement Corporation Kaiser Cement Corporation was known as Permanente Cement Company from 1939 to 1964 and as Kaiser Cement & Gypsum Corporation from 1964 to 1979. Kaiser Cement's corporate headquarters are located at 1333 North California Boulevard Walnut Creek California 94596 2 Years of manufacture of asbestos- containing materials Kaiser Cement manufactured containing materials between 1944 and 1946 and between 1959 and 1976 ATLIS Federal Services October 3 1989 Page two Inc. 3. Types or classes of products Kaiser Cement manufactured limited lines of asbestos- containing cement for exterior application only within the surfacing material category and an containing masonry cement within the miscellaneous material category as defined in the Act It did not manufacture any containing building products intended for interior application nor did it manufacture any thermal system insulation products as defined in the Act 4 . Identifying characteristics of manufactured containing materials 1 Plastic Gun Cement Between 1959 and 1976 Kaiser Cement manufactured and sold under the name Kaiser Permanente Plastic Gun Cement a gray colored powder which when mixed with water was used to make stucco for the exterior of houses and other buildings and was applied by gun with a plastering machine The product was sold in sacks and was composed primarily of portland cement plus plasticizing and entraining agents The product included as an ingredient a small amount of chrysotile asbestos The product was sold primarily in California but also in several other Pacific Coast States and Nevada 2. Plastic Cement Hand Between 1961 and 1973 Kaiser Cement also manufactured and sold a product called Kaiser Permanente Plastic Cement Hand with essentially the same description and composition as Kaiser Permanente Plastic Gun Cement and for the same use except that it was manually applied by trowel The distribution area for sales of this product was the same as for the Plastic Gun Cement 3. Masonry Cement During a month period beginning in April 1973 Kaiser Cement manufactured and sold in the Phoenix Arizona area a masonry cement for use as mortar in building construction called Kaiser Permanente Masonry Cement whose ingredients included a trace amount of chrysotile asbestos probably less than % when the product was actually applied The product was sold in 78 lb. bags not in bulk and was composed primarily of a combination of portland cement and entraining additives ATLIS Federal Services October 3 1989 Page three Inc. 4 Plastite In 1944 and 1945 Kaiser Cement manufactured and sold generally in sacks of 100 lbs net a cement product called Plastite which was used to make stucco for the exterior of houses and other buildings and was applied manually It was primarily composed of portland cement adhesive plasterizing and water repellant agents and had a small asbestos ingredient It was sold in Northern California and in Washington If any persons seek clarification as to the meaning of any of the foregoing information they are invited to direct their inquiries to the Secretary of Kaiser Cement Corporation at its headquarters at the above address Respectfully submitted KAISER CEMENT CORPORATION MAY yl By Melissa A. Youngman Secretary and Assistant Asistant Treasurer