Document QgZynkeV4E86ROKVDykLryX5o

1 (Pages 1 to 4) 3 (1) IN THE SUPERIOR COURT OF THE STATE OF CALIFORN IA (1) EXHIBITS CONTINUED (2) IN AND FOR THE COUNTY OF SAN FRANCISCO (2) (3) ---oOo--- (3) (4) (4) PLAINTIFF'S (5) (5) PAGE (6) BILLY S. JOHNSON, (6) 10 Order Granting Plaintiff's 124 (7) Plaintiff, Motion to Compel Deposition (8) vs. No. CGC-10-275528 (9) (10) ADVOCATE MINES, LIMITED; (7) of Navistar, Inc., Employee Tom Slavin (8) 11 Email chain 125 (9) ET AL., 12 Industrial Hygiene Survey 132 (11) Defendants. (12) (13) J (10) Asbestos, May 21, 1988 Memphis Parts Distribution Center; (11) June 24, 1988, letter (12) 13 July 23, 1973, letter 133 (13) 14 March 23, 1972, letter 149 (14) (14) 15 October 20, 1976, letter; 149 (15) International Harvester (16) (17) VIDEOTAPED DEPOSITION OF THOMAS JOHN SLAVIN (15) (16) Hazardous Materials Committee Chairmen (18) (17) (19) Taken before DIANE DEARMORE (18) (20) CSR No. 12736 (21) October 7, 2010 (22) (23) (19) (20) (21) (22) (23) (24) (24) (25) (25) Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 2 (1) INDEX (2) (3) PAGE (4) EXAMINATION BY MS. FARRISE (5) 10 (6) EXHIBITS (7) (8) PAGE (9) PLAINTIFF'S (10) (11) 1 Plaintiff's Notice of Taking 12 Videotaped Trial Preservation (12) Testimony and Deposition of Navistar, Inc. Employee and (13) Managing Agent Tom Slavin (14) 2 Declaration of Thomas J. Slavin 12 (15) 3 Navistar, Inc.'s Verified Third 18 Amended Responses To (16) Standard Interrogatories To Friction Defendants (17) (18) 4 December 23, 1975, letter 52 5 December 29, 1975, letter (19) 77 (20) 6 August 8, 1975, letter 88 (21) 7 Photograph, Memphis Plant 131 (22) 8 Defendant Navistar, Inc.'s Responses To Plaintiff's 107 (23) Premises Interrogatories (24) 9 Defendant Navistar, Inc.'s Responses To Plaintiff's 109 (25) Premises Requests To Produce Aiken Welch Court Reporters T. Slavin 10-07-10 4 (1) DEPOSITION OF THOMAS JOHN SLAVIN (2) (3) BE IT REMEMBERED, that pursuant to Notice, and on (4) the 7th day of October, 2010, commencing at the hour of (5) 9:36 a.m., before me, DIANE DEARMORE, a Certified (6) Shorthand Reporter, State of California, personally (7) appeared THOMAS JOHN SLAVIN, produced as a witness in (8) said action, and being by me first duly sworn, was (9) thereupon examined as a witness in said cause. (10) ---oOo--(11) APPEARANCES: (12) For the Plaintiff: (13) SIMONA A. FARRISE CARLOS J.E. GUZMAN (via phone) (14) Farrise Law Firm 11900 West Olympic Boulevard (15) Suite 580 Los Angeles, California 90064 (16) For Defendant Navistar, Inc.: (17) JAMES J. OSTERTAG (18) Nixon Peabody, LLP One Embarcadero Center (19) 18th Floor San Francisco, California 94111 (20) For Defendant Navistar, Inc.: (21) JAMES T. SEIGFREID, JR. (22) Baker Sterchi Cowden & Rice, LLC 2400 Pershing Road, Suite 500 (23) Kansas City, Missouri 64108 (24) (25) Aiken Welch Court Reporters T. Slavin 10-07-10 5 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) APPEARANCES CONTINUED: For Defendant Borg-Warner Corporation: JOHN K. KIRBY Burnham Brown 1901 Harrison Street, 11th Floor Oakland, California 94612 For Defendant CSK Auto, Inc.: SHAHRAD MILANFAR (via phone) Becherer, Kannett & Schweitzer 1255 Powell Street Emeryville, California 94608 For Defendants Dana Companies, LLC; Pneumo Abex LLC: CHRISTINACINCO (via phone) Brydon, Hugo& Parker 135 Main Street, 20th Floor SanFrancisco,California 94105 For Defendants ArvinMeritor, Inc.; Maremont Corporation: MARK P. EPSTEIN McKenna, Long & Aldridge 101 California Street, 41st Floor SanFrancisco,California 94111 For Defendants Carlisle Corporation; Motion Control Industries, Inc.: DUSTIN BECKLEY (via phone) The Rasmussen Law Firm, LLP 6033 West Century Boulevard Suite 375 Los Angeles, California 90045 Aiken Welch Court Reporters T. Slavin 10-07-10 6 (1) APPEARANCES CONTINUED: (2) For Defendant PACCAR, Inc.: (3) MADELINE BUTY (via phone) (4) Buty & Curliano, LLP 555 12th Street, Suite 1280 (5) Oakland, California 94607 (6) Also present: (7) Brittany Roemer Aiken Welch Court Reporters (8) Videographer (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) Aiken Welch Court Reporters T. Slavin 10-07-10 2 (Pages 5 to 8) 7 (1) PROCEEDINGS (2) VIDEOGRAPHER: Good morning. Here begins (3) Media Number 1. Deposition of Tom Slavin, Volume I. (4 ) The caption of this case is Billy S. Johnson versus (5) Advocate Mines Limited, et al. This case is in the (6 ) Superior Court of California, in the County of San (7) Francisco, Case Number CGC-10-275528. Today's date is (8 ) October 7, 2010, and the time is approximately 9:36 a.m. (9) The deposition is taking place at 180 (10) Montgomery, Suite 1520, in San Francisco, California. (11) The videographer is Brittany Roemer, and the court (12 ) reporter is Diane Dearmore, both appearing on behalf of (13 ) Aiken & Welch Court Reporters. Would the Counsel please (14 ) identify yourselves and state whom you represent? (15) MS. FARRISE: Simona Farrise on behalf of (16) Billy Johnson, the Plaintiff. (17) MR. KIRBY: John Kirby on behalf of (18) Borg-Warner Corporation. (19) MR. EPSTEIN: Good morning. Mark Epstein of (20) McKenna, Long & Aldridge, LLP, in San Francisco for (21) ArvinMeritor, Inc., and Maremont Corporation. (22) MR. SEIGFREID: Tom Seigfreid also appearing (23) for Navistar. (24) MR. OSTERTAG: Jim Ostertag for Navistar. (25) VIDEOGRAPHER: And the people on the phone? Aiken Welch Court Reporters T. Slavin 10-07-10 8 (1) MS. BUTY: This is Madeline Buty from Buty & (2) Curliano on behalf of PACCAR, Inc. (3) MS. CINCO: Good morning. Christina Cinco of (4 ) Brydon, Hugo & Parker on behalf of Pneumo Abex, LLC, and (5) Dana Companies, LLC. (6) MR. BECKLEY: Good morning. This is Dustin (7) Beckley on behalf of Carlisle Corporation and Motion (8) Control Industries, Inc. (9) MR. MILANFAR: Good morning. This is Shahrad (10) Milanfaron behalf of CSK Auto, Inc. (11) VIDEOGRAPHER: Anyone else? (12) MS. FARRISE: They said there were seven (13) people on the phone. We didn't hear seven people. Who (14) else is there? (15) THE REPORTER: I believe I might be the (16) seventh person. (17) MS. FARRISE: Did you get six people? I don't (18) think you did. You got PACCAR. You got Abex. You got (19) Carlisle. You got - (20) MS. BUTY: Just--and this is Madeline Buty. (21) I was hearingjust music for a while, so I hung up and (22) rejoined. I don't know if that mattered. (23) MS. FARRISE: I am sure it was you, Madeline. (24) Okay. Let's get the witness sworn -- actual ly, I have a (25) question. Mr. Seigfreid, who is also here for Navistar, Aiken Welch Court Reporters T. Slavin 10-07-10 3 (Pages 9 to 12) 9 11 (1) are you licensed to practice law in California? (1) taken - (2) MR. SEIGFREID: No. (2) A. Yes. (3 ) MS. FARRISE: Okay. So I would object to you (3) Q. --in that context? (4) being here. You are not a party to this lawsuit. (4) A. Yes, more recently. (5 ) You're not a lawyer who has applied pro hoc vice and (5) MR. OSTERTAG: You've got to let her finish (6 ) gotten permission to attend any deposition, so I would (6) her question before you respond. (7 ) ask you to leave the deposition room. I would consider (7) THE WITNESS: Okay. (8) it to be an unlawful practice of law for you to appear (8) Q. (By Ms. Farrise) The 2000 deposition? (9) in the case where you have not applied pro hoc vice to (9) A. That is correct. (10) the court that have rules like that and where you are (10) Q. Okay. And what was the nature of the case (11) not a corporate representative. So - (11) where you were deposed in 2000 which in some ways (12) MR. OSTERTAG: He's here on behalf--this is (12) implicated your employment with Navistar? (13) Jim Ostertag. He is here on behalf of the corporation (13) MR. OSTERTAG: Argumentative, implicated. (14) Navistar. He's not making an appearance for the (14) Q. (By Ms. Farrise) What kind of case? (15) deposition. He's not going to defend the deposition. (15) A. You've asked--at least--I don't understand (16) He's not going to make any objections or any statemen ts (16) what the implicated by employment means. (17) on the record. He's simply identified himself as being (17) MS. FARRISE: Actually, let me strike the (18) present in the room when asked by the videographer. (18) question. (19) He's entitled to be here. (19) Q. (By Ms. Farrise) Sir, you were deposed in (20) MS. FARRISE: He's not entitled to be here in (20) 2000? (21) accordance with the State Bar. He needs to apply pro (21) A. That's correct. (22) hoc vice. But with that, we're wasting time. (22) Q. That's your testimony to this point. Would (23) THOMAS JOHN SLAVIN, (23) you mind telling us what type of case it was that you (24) sworn as a witness (24) were deposed in? (25) testified as follows: (25) A. That was a construction case where a Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 10 (1) EXAMINATION BY MS. FARRISE: (2) Q. Sir, would you state your full name and spell (3) it for the record, please? (4) A. First name Thomas, T-h-o-m-a-s. Middle John, (5) J-o-h- n. Last name Slavin, S-l-a, V as in Victor, i-n. (6) Q. Mr. Slavin, have you ever had your deposition (7) taken before? (8) A. Yes. (9) Q. Okay. On how many occasions? (10) A. Twice that I can recall. (11) Q. Okay. Did either of those occasions have (12) anything to do with the claim of asbestos property (13) damage or personal injury, to your knowledge? (14) A. No. (15) Q. Okay. When were you deposed? (16) A. 1978, I believe. It's in that time frame. (17) Q. Okay. And also the second time? (18) A. And the second time was about 10 years ago. (19) Q. Okay. And that would be 2000? (20) A. About 2000 approximately, yes. (21) Q. Okay. And were both of those depositions (22) taken in connection with your employment with Navista (23) formerly known as International Harvester? (24) A. No. (25) Q. Okay. Were either of those depositions Aiken Welch Court Reporters T. Slavin 10-07-10 12 (1) contractor was injured. (2) Q. Okay. A contractor was injured on a facility (3) that was owned or operated by Navistar, Inc.? (4) A. That was being constructed by Navistar - (5) being constructed for Navistar. (6) Q. Okay. (7) MS. FARRISE: Let me mark for the record (8) Plaintiff's Exhibit Number 1, which is Plaintiff's (9) Notice of Taking Videotaped Trial Preservation Testimony (10) and Deposition of Navistar, Inc., Employee and Managing (11) Agent Tom Slavin, S-l-a-v-i-n. (12) I would mark as Plaintiff's Exhibit Number 2 (13) the Declaration of Thomas J. Slavin, S-l-a-v-i-n, (14) submitted in the Nasseem Farag, F-a-r-a-g, versus (15) Advanced Auto Parts action, County of Los Angeles, Case (16) Number BC431525. (17) (EXHIBIT NOS. 1-2 MARKED.) (18) Q. (By Ms. Farrise) Mr. Slavin, given that (19) you've only had your deposition taken twice, I would (20) like to go over with you and make sure that we move (21) forward with a clearer understanding of at least a (22) couple of what I think are the more important rules. (23) Okay? (24) You understand -- well, you should understand (25) that despite being here in a court reporter's office, Aiken Welch Court Reporters T. Slavin 10-07-10 4 (Pages 13 to 16) 13 15 (1) which is a relatively informal setting as compared to a (1) if you are called as a witness, or as a negative effect (2) court of law, that the testimony that you will give and (2) or embarrassment of Navistar, Inc., for whom you are (3) the oath that you just took is testimony that will be (3) employed today. Do you understand that? (4) given under oath. It will be given under penalty of (4) A. Yes. (5) perjury of law. It has the same force and effect and (5) Q. Is there any reason you cannot give your best (6) legal consequences were you not to tell the truth or (6) testimony today? (7) withhold information that you know, and as though you (7) A. No. (8) were giving that testimony in a court of law. Do you (8) Q. Okay. I understand that you have hadsome (9) understand that? (9) health problems in the past. Is there any reason based (10) A. Well, I guess that's-- (10) on your health or anything else that you can be anything (11) MR. OSTERTAG: Well, I'll object. That (11) other than entirely truthful today? (12) misstates the law, but go ahead. (12) A. Nothing that impacts the accuracy or truth of (13) Q. (By Ms. Farrise) I'm sorry? You do, Mr. (13) what I'm saying. (14) Slavin? (14) Q. Okay. Can we agree, Mr. Slavin, that your (15) A. I'm sorry. I - (15) normal residence is in the state of Illinois, correct? (16) MR. OSTERTAG: You can go ahead and answer (16) A. Yes, that is correct. (17) evenif I object. (17) Q. Okay. You do not live nor work in the state (18) A. I understand. (18) of California today, correct? (19) Q. (By Ms. Farrise) Yes. Your lawyer, I would (19) A. That is correct. (20) imagine, will be objecting from time to time. So the (20) Q. Okay. I also understand, for instance, that (21) way that sort of a traffic cop goes in the deposition at (21) your office, wherever it happens to be, for Navistar, (22) an intersection, if I ask my question, he may or may not (22) Inc., is located in the state of Illinois as well. (23) have an objection. And then after that it's your turn (23) Correct? (24) to answer. And we will try not to speak over each (24) A. That is correct. (25) other. Okay? (25) Q. Okay. And what is your current position-- Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 14 16 (1) Even if he objects, you are still to answer (1) A. As - (2) the question. You are only to not answer the question (2) Q. --at -- strike that. How are you currently (3) if he gives you an instruction not to answer the (3) employed? (4) question, and you are going to follow that instruction. (4) A. I work for Navistar -- Navistar Corporation. (5) We can take that matter up later with the court. Do you (5) Q. Is Navistar Corporation different than (6) understand that? (6) Navistar, Inc.? (7) A. Yes. (7) A. I'm sorry. I work for Navistar, Inc., which (8) Q. Okay. The second rule of deposition I just (8) is part of Navistar Corporation. (9) want to make sure we're clear on before we move forward (9) Q. Okay. (10) is that this court reporter over here is taking down (10) A. We've changed names a couple of times. It's (11) every word that everyone says. Hopefully we won't speak (11) hard to keep track of the names. (12) over each other, and she will get everyone's words. (12) Q. Yes, I understand you have changed names a (13) At the end of this process, very shortly, she (13) couple of times. Let's see. So how about we agree (14) will produce in a written form a deposition transcript. (14 ) right at the outset that when I refer to Navistar, (15) You will have an opportunity to review that deposition (15) Navistar, Inc., that those terms are synonymous, number (16) transcript. And you can make written changes to that (16) one, with each other, and that they are also referring (17) transcript of whatever nature you deem you would like to (17) to the same entity which has also been formerly known as (18) make. However, what I want to caution you about, and (18) International Harvester Company, which has also formerly (19) what I want to warn you about and what I want to make (19) been known as Navistar -- let's see -- strike that. (20) sure we are clear about, is that if you make changes to (20) Can we agree that when I refer to Navistar, (21) that deposition transcript after this deposition is (21) which I probably will do throughout this deposition, I (22) concluded, those changes if they are of a substantive (22) am referring to the company that is today known as (23) nature are changes which will be commented upon at tr al (23) Navistar, Inc., that has formerly been known from (24) or any proceeding where your testimony is offered, (24) approximately 1902 to 1986 as International Harvester (25) perhaps to negative effects or embarrassment of yourself (25) Company, that has been known from 1986 to 1987 as Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 5 (Pages 17 to 20) 17 19 (1) Navistar International Corporation, that was known from (1) vice president of the company, as well as having a (2) 1987 to 2000 as Navistar International Transportation (2) responsibility for corporate compliance. Is that your (3 ) Corp., and from 2000 to 2008 as International Truck & (3) understanding as well? (4 ) Engine Corporation, and finally February 2008 through (4) MR. OSTERTAG: Objection. Assumes facts. Go (5 ) today as Navistar, Inc.? All of those -- when I refer (5) ahead. (6) to Navistar I'll be referring to all of those companies, (6) A. I'm not sure what his title is. (7) no matter what the formal name was at the various (7) Q. (By Ms. Farrise) Okay. (8) periods that I've described. Is that okay with you? (8) A. But his -- I think that's the right function, (9) A. I'm not sure of the dates, but I'm okay with (9) yes. (10) the concept. (10) Q. Okay. Do you understand that Mr. Patterson (11) Q. Okay. You have heard all of those names, for (11) who has verified on behalf of Navistar, Inc., in 2008 to (12 ) instance, International Harvester Company, correct? (12) be -- hold the position of vice president of Navistar, (13) A. Yes, that's correct. (13) Inc., at that time and also today? (14) Q. That is what the company was known by when you (14) A. I'm not sure what his position--what his (15) first had any employment with any entity related to (15) title was then or is now. (16) Navistar, Inc.? (16) Q. Uh-huh. If he swears under penalty of perjury (17) A. Yes. (17) that that is his position, you wouldn't dispute that, (18) Q. Okay. Now--let's see. Can you tell me what (18) would you? (19) your current position is? (19) A. I wouldn't have any reason to dispute that. (20) A. I'm currently the global manager of safety and (20) Q. Okay. So in Exhibit Number 3--let me hand (21) health. (21) that to your lawyer for Navistar -- there is listed (22) Q. Okay. Your--well, not your. The lawyers (22) interrogatory response number 2 that Mr. Patterson - (23) for Navistar, Inc., have submitted sworn interrogatories (23) page 5 at line 21 -- verifies in response to the (24) which is a written form of sworn testimony where they (24) interrogatories on behalf of Navistar in his capacity (25) have indicated that you are the corporate industrial (25) as, quote, vice president and corporate compliance Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 18 (1) hygienist. Is that also a title that you hold? (2 ) MR. OSTERTAG: Object to the form, of course, (3 ) the lawyers submitted. (4) A. It's a title that Iheld at one point and is (5) also a function. (6) Q. (By Ms.Farrise) Okay. Isindustrial-- (7) corporate industrial hygienist a function that you have (8) today? (9) A. Yes. (10) Q. Okay. (11) MS. FARRISE: I'm going to mark as Plaintiff's (12) Exhibit Number 3 to this deposition the Navistar, comm, (13) Inc.'s Verified Third Amended Responses to Standard - (14 ) Standard Interrogatories To Friction Defendants, which (15) is dated -- at least signed by the lawyers on September (16) 11, 2008, verified on behalf of Navistar, Inc., by Mr. (17) Bruce Patterson, P-a-t-t-e-r-s-o-n, on September 11, (18) 2008, in Warrenville, Illinois. And Mr. Patterson's (19) position is stated as -- I guess it's not here. (20) Somewhere else. (21) (EXHIBIT NO. 3 MARKED.) (22) Q. (By Ms. Farrise) Are you familiar with Mr. (23 ) Patterson, Bruce Patterson, Mr. Slavin? (24) A. Yes, I know Mr. Patterson. (25) Q. Okay. I understand his position today to be Aiken Welch Court Reporters T. Slavin 10-07-10 20 (1) officer. Do you need me to direct that--direct you to (2) it or can you find it? It's page--line 21. Your (3) lawyer is pointing you to it. So can we agree that it's (4) consistent with your understanding that that's the (5) position that Mr. Patterson, who has provided and (6) verified this information, holds today? (7) MR. OSTERTAG: Objection. Asked and answered. (8) Lacks foundation. Calls for speculation. (9) A. I have no way of disputingthat. (10) Q. (By Ms. Farrise) Okay. Let me ask you to 11) turn to page 8 of what is now marked as Plaintiff's (12) Exhibit Number 3. And I would direct your attention to (13) Navistar, Inc.'s, verified under penalty of perjury by 14) Mr. Patterson -- Patterson's response to interrogatory 15) number 11, where he indicates -- where Navistar (16) indicates at line 26 that, quote, Mr. Tom Slavin, his 17) manager, comma, occupational safety and health. Do you 18) see where I'm reading, Mr. Slavin? Do you need me to 19) direct it to you? Oh, your counsel is. Great. (2 0) A. I see that. 21) Q. Okay. And is that your correct -- first of 22) all, was that your correct title in September of 2008 23) when these sworn discovery responses were submitted? 24) A. Yes. 25) Q. Okay. And is that the title that you hold Aiken Welch Court Reporters T. Slavin 10-07-10 6 (Pages 21 to 24) 21 23 (1) today, quote, manager of occupational safety and health 1) A. As I recall, yes. (2) within Navistar, Inc.? (2) Q. Okay. And having placed your signature on (3) A. No, it is not. (3) what is Exhibit Number 2, you confirmed then and can you (4) Q. Okay. And when did that title change? (4) confirm for me now that the information contained within (5) A. I believe it was in 2009. (5) your declaration, Exhibit Number 2, is information that (6) Q. Okay. Let me refer you to what I have marked (6) is true and correct to the standard of being under (7) as Plaintiff's Exhibit Number 2. It is your (7) penalty of perjury of law? (8) declaration, Declaration of Tom Slavin. (8) A. Yes. (9) First of all, sir, if I could ask you to turn (9) Q. Okay. Is there anything incorrect in your (10) to the last page of that three-page document, there's a (10) declaration? (11) signature over a typewritten line that says Thomas J. (11) A. I do not see anything incorrect. (12) Slavin. Is that your signature? (12) Q. Okay. Prior to signing the declaration, you (13) A. Yes, that is my signature. (13) had an opportunity to confer and consult, if you would, (14) Q. Okay. (14) with the lawyers representing Navistar, Inc., in the (15) A. Or appears to be. (15) Nasseem and Sanna Farag case, correct? (16) Q. Sure. Well, if you take a look at--well, (16) MR. OSTERTAG: It's vague and ambiguous. (17) you, and not me, which is why we go through this, can (17) A. Would you repeat that? (18) verify or not that it's your signature. (18) Q. (By Ms. Farrise) Sure. Prior to placing your (19) Please take a look at that, take a look at the (19) name under penalty of perjury on what is now Exhibit (20) document which I presume you have seen before. And if (2 0) Number 2 you had an opportunity to, if you desired to (21) you can verify for me that the signature which is on (21) take advantage of that, to consult with the lawyers (22) page 3 of your Exhibit 2, the Declaration of Thomas J. (22) representing Navistar, Inc., in that particular case. (23) Slavin, is one that is your signature and you placed it (23) Listed on this document is James Ostertag and Margarita (24) there? (24) Gevondyan. Correct? (25) A. This is a photocopy, so it's not -- it's not (25) MR. OSTERTAG: Vague and ambiguous. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 22 24 (1) the original that was signed. It appears that it is the (1) A. I don't know what you mean by opportunity to (2) way I sign my name. (2) consult with. (3) Q. Okay. Why don't you review then the three (3) Q. (By Ms. Farrise) Okay. For instance, if (4) pages which I have now marked as Plaintiff's Exhibit (4) there was something unclear, something you wanted to (5) Number 2. My first question is going to be whether or (5) change, something that was incorrect in the document (6) not you have seen that document before. (6) that is now Exhibit Number 2, you had an opportunity to (7) MS. FARRISE: Do you have Exhibit 2, Mr. (7) ask for, if need be, legal advice, consultation, (8) Ostertag? (8) clarification, what have you, before you placed your (9) MR. OSTERTAG: No, I don't have one yet. (9) name under penalty of perjury on what is now Exhibit 2. (10) MS. FARRISE: Well, Mr. Seigfreid is not (10) Right? (11) participating in the deposition, and the record should (11) A. I could have amended the information if it was (12) reflect that, but I have another copy. Do you need a (12) incorrect. (13) copy? (13) Q. Uh-huh. Right. And you read it, and it was (14) MR. OSTERTAG: I'm okay. (14) all to your knowledge entirely, correct? (15) MS. FARRISE: Okay. (15) A. As it is now. (16) A. Yes, I recall this document. (16) Q. Okay. So, sir, I was just trying to figure (17) Q. (By Ms. Farrise) Okay. And the document (17) out what the various titles were. Your declaration (18) which is now marked as Plaintiff's Exhibit Number 2, (18) which is now marked as Plaintiff's Exhibit Number 2, at (19) Declaration of Thomas J. Slavin, it indicates on page 3, (19) paragraph 2, lists your current -- or lists your -- yes, (20) quote, I declare, last paragraph, under penalty of (20) lists your current position at Navistar, Inc., as the (21) perjury under the laws of the state of California that (21) global safety and health director for Navistar, Inc., (22) the foregoing is true and correct. Do you see where I'm (22) formerly known as International Truck & Engine (23) reading? (23) Corporation. Do you see where I'm reading on paragraph (24) A. I see that. (24) 2? (25) Q. Okay. And I read that correctly, right? (25) A. Yes, I do. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 7 (Pages 25 to 28) 25 27 (1) Q. Okay. And in that position, as I understand (2) it, you directly report to Navistar's vice president of (3) health, safety, security and productivity. Correct? (4) A. Yes, I see that. (5) Q. Who is the -- well, is that correct that you (6) directly report today in that capacity to the -- to (7) Navistar's vice president of health, safety, security (8) and productivity? (9) A. Yes. (10) Q. Okay. Who is that person, please? (11) A. Dr. William Bunn. (12) Q. I'm sorry? (13) A. Dr. William Bunn. (14) (15) Q. Okay. And where does Dr. Bunn work as part of -- in terms of his primary place of business? (16) A. Chicago. (17) (18) Q. Okay. What is your primary business address, please? (19) A. Chicago. (20) Q. Okay. Is that Chicago proper, or is that the (21) suburb Warrenville, Illinois, or something else that (22) I've seen referred to in the various documents? (23) A. It is Chicago proper. (24) (25) Q. Okay. Is the location where you and now Dr. William Bunn primarily work, is that known -- is that Aiken Welch Court Reporters T. Slavin 10-07-10 (1) MR. OSTERTAG: Vague and ambiguous. (2) A. No, there is not. (3) Q. (By Ms. Farrise) Okay. Is there an (4) engineering department housed at the Warrenville, (5) Illinois, facility? (6) MR. OSTERTAG: Same objection. (7) A. No, there is not. (8) Q. (By Ms. Farrise) Okay. At the downtown (9) Chicago location where you work, what departments or (10) portions of Navistar, Inc., are housed there today? (11) A. Part of the health, safety, security and (12) productivity and the environmental affairs department. (13) Q. And approximately how many people work in that (14) Chicago -- downtown Chicago location of Navistar? (15) A. Approximately 10. (16) Q. Okay. And is it a fair statement, Mr. Slavin, (17) that you are considered part of the management of (18) Navistar, Inc.? (19) MR. OSTERTAG: Vague and ambiguous. (20) A. I would consider myself as a management-level (21) employee. (22) Q. (By Ms. Farrise) Okay. And Dr. Bunn, who you (23) report to, he is also a man -- corporate (24) management-level employee, correct? (25) MR. OSTERTAG: Same objection. Aiken Welch Court Reporters T. Slavin 10-07-10 26 28 (1 essentially the corporate or world headquarters of (2 Navistar, Inc., today? (3 A. No. (4 Q. Okay. Where is that located? (1 A. That is correct. (2 Q. (By Ms. Farrise) Okay. Does he rise to the (3 level of corporate officer or director? (4 MR. OSTERTAG: Same objection. Foundation. (5 A. The world headquarters? (5 A. I do not know what the meaning of officer, (6 Q. Yes, uh-huh. (6 director -- there are titles. There are levels. There (7 A. The headquarters is in Warrenville, Illinois. (7 are people that show up on the 10-K report, so I don't (8 Q. Uh-huh. And for how long have you worked in ( know what your reference is. (9 Chicago? (9 Q. (By Ms. Farrise) Okay. And you do not hold a (10 A. For 30 years. (10 position where you show up on the company's 10-K, do (11 Q. Okay. Is the Chicago location in downtown (11 you? (12 Chicago, is it a commercial office building, or is it (12 A. No. (13 some sort of campus location? (13 Q. And you've mentioned in your sworn (14 A. Commercial office building. (14 declaration, at the second part of paragraph 3, that on (15 Q. Okay. What--in Warrenville, Illinois, is (15 a monthly basis you report to the executive committee of (16 there essentially a campus, if you will, type facility (16 the board of directors on global health and safety for (17 of International Harvester? (17 Navistar, Inc. Do you see that? (18 MR. OSTERTAG: Objection. Vague and (18 A. I see that. (19 ambiguous. (19 Q. Okay. And is the executive committee of the (20 Q. (By Ms. Farrise) Now known as Navistar, Inc.? (20 board of directors of Navistar, Inc., essentially what (21 A. It is a headquarters building -- (21 is the top level of management of that corporation, or (22 Q. Uh-huh. (22 is there another layer? (23 A. -- with Navistar as the primary tenant. (24 Q. Okay. Is there a research facility in (25 Warrenville, Illinois? (2 3 A. That's -- that executive committee -- I see (24 this now. (25 Q. Uh-huh. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 8 (Pages 29 to 32) 29 31 (1) A. And actually that's a little incorrect. The (1 Q. (By Ms. Farrise) Okay. Going back for a (2) executive committee is the direct reports to the CEO. (2 moment to your regularjob and given some of the issues (3) So it is not directly reporting to the board of (3 which have been raised having to do with your health, (4) directors. It directly reports to the CEO. (4 are you currently on any kind of leave of absence for (5) Q. Okay. Who comprises the executive committee (5 health or other reasons? (6) of Navistar, Inc., that you report to on a monthly basis (6 A. No, I am not. (7) about issues of global health and safety? (7 Q. Okay. And when did you travel to California? (8) A. I report to the members of the executive (8 A. Saturday, October 2nd. (9) committee. (9 Q. Okay. And today is Thursday. Were you able (10) Q. Uh-huh. (10 to travel directly for four hours straight on the (11) A. So that would be to the CEO and the CEO's (11 airplane, or did you have to break it up for health (12) direct reports. (12 reasons as part of the trip? (13) Q. I understand that. So my question is, who are (13 A. It's pretty hard to break up when you're on an (14) the CEO's direct reports that make up this executive (14 in-line flight. (15) committee? (15 Q. I meant a stopover of two hours, stay a day or (16) A. I'm not physically at that meeting. I don't (16 something like that; or did you have a direct itinerary (17) know all of the direct reports that are--that are in (17 from Chicago to California? (18) that meeting. (18 A. I had a direct flight. (19) Q. But you know some of them? (19 Q. Okay. Did you come to San Francisco or did (20) A. They would be people that would show up onthe (20 you go somewhere else? (21) 10-K report. (21 A. Went to San Diego. (22) Q. Okay. What positions, even if you can't (22 Q. And as I understand it, sir, in the last month (23) recall the names of those people, do you report to on a (23 or two you have been engaging in your regular work (24) monthly basis who make up the executive committee that (24 activities, whether they be traveling to do (25) are the direct reports to the CEO of Navistar? (25 presentations for the company or business meetings, what Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 30 32 (1) A. The positions would be group presidents, (2) senior vice presidents. Not necessarily all senior vice (3) presidents, not necessarily everyone that has a title of (4) president of different business groups, but there would (5) be, again, the direct reports to the CEO. (6) Q. And who is the CEO today? (7) A. Mr. Dan Houston. (8) Q. Okay. And is it actually then true, Mr. (9) Slavin, that on an annual basis at least once a year you (10) make some sort of direct report on issues of global (11) health and safety to the board of directors of Navistar, (12) Inc.? (13) A. That is correct. (14) Q. Okay. And your reporting, just to be clear, (15) is very narrowly focused in terms of issues of health (16) and safety that concern the company nationally and (17) internationally, correct? (18) MR. OSTERTAG: Objection. Vague and (19) ambiguous. (20) A. I--as I understand your question--and I'm (21) not sure that I do understand your question. But if I (22) understand the question, that's -- we report a summary (23) of safety and health information, performance reports, (24) statistical reports, as well as safety and health (25) strategies for the coming year. Aiken Welch Court Reporters T. Slavin 10-07-10 (1) have you, correct? (2) MR. OSTERTAG: Vague. Ambiguous. Overbroad (3) A. No, that's not -- that is not correct. (4) Q. (By Ms. Farrise) Okay. Can we agree that at (5) least in September you appeared as a speaker at a (6) conference that was held in Nashville, Tennessee, on (7) behalf of the American Foundry Association. (8) A. No, that is not correct. (9) Q. Okay. Did you have to cancel? (10) A. Yes. (11) Q. Okay. Have you done any public speaking on (12) behalf of Navistar, Inc., in the last 60 days? (13) MR. OSTERTAG: Vague and ambiguous. (14) A. Yes. (15) Q. (By Ms. Farrise) Okay. What have you done? (16) A. I had a presentation to the Northwestern (17) University Medical School. (18) Q. On what topic? (19) A. Occupational safety and health. 20) Q. Sir, are you a certified industrial hygienist? 21) A. Yes, I am. (22) Q. Okay. When did you receive your certification (23) in industrial hygiene? (24) A. It was in 1978 or '79. 25) Q. Okay. And when you received your Aiken Welch Court Reporters T. Slavin 10-07-10 9 (Pages 33 to 36) 33 35 (1) certification in industrial hygiene, were you employed (1) MR. OSTERTAG: Vague. Speculation. (2) by Navistar or a company then likely known as (2; Foundation. (3) International Harvester? (3) A. Multiple purposes as trade associations (4) A. No, I was not. (4) represent their members. (5) Q. Okay. When did you first start in employment (5) Q. (By Ms. Farrise) Okay. Other than (6) with any entity that is in any way related to Navistar, (6; International Harvester, who were the other members of (7) Inc., International Harvester Company, International (7) the Motor Vehicle Manufacturer's Association when you (8) Truck and the various entities that I've described ( were employed there? (9) earlier? ( MR. OSTERTAG: Vague. Foundation. (10) A. In September of 1979. (10) Speculation. (11) Q. Okay. And where did you work prior to that? (11 A. There were relatively few members. The (12) MR. OSTERTAG: Overbroad. (12) original equipment automotive and truck companies. (13) A. Prior to that I worked in Detroit. (13) Q. (By Ms. Farrise) Okay. Ford Motor Company, I (14) Q. (By Ms. Farrise) Okay. For what company? (14) take it, was a member of the Motor Vehicle (15) A. For the Motor Vehicle Manufacturer's (15 Manufacturer's Association when you worked there? (16) Association. (16 A. Yes, it was. (17) Q. And what kind of organization is the Motor (17) Q. Chrysler Corporation was a member of the Motor (18) Vehicle Manufacturer's Association, sir? (1 Vehicle Manufacturer's Association when you worked (19) MR. OSTERTAG: Vague. (1 there? (20) A. It was a trade association. (20 A. Yes, it was. (21) Q. (By Ms. Farrise) Okay. And what was your (21) Q. General Motors Corporation was a member of the (22) position there? (22 Motor Vehicle Manufacturer's Association when you were (23) A. My title was coordinator, industrial hygiene. (23) employed there? (24) Q. Was International Harvester Company a member (24) A. Yes, it was. (25) of the Motor Vehicle Manufacturer's Association? (25 Q. Okay. Other than International Harvester, Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 34 36 (1) A. Yes, it was. (1) what other manufacturers, if you can recall, were (2) Q. Okay. And is it in the context of your work (2) original equipment trucks -- were members of the Motor (3) as the coordinator of industrial hygiene for the Motor (3) Vehicle Manufacturer's Association when you worked (4) Vehicle Manufacturer's Association that you became awa e (4) there? (5) of International Harvester Company, which may have (5) A. Honda. (6) eventually lead to your employment with that company? (6) Q. Okay. How about Mack Truck, Peterbilt or (7) MR. OSTERTAG: Vague. Compound. (7) PACCAR? (8) A. I became aware of International Harvester (8) MS. BUTY: Objection. Madeline Buty. (9) Company when I was four years old. (9) Compound. Speculation. Foundation. (10) Q. (By Ms. Farrise) Okay. And why is that? 10) MR. OSTERTAG: Join. (11) A. Because of the agricultural equipment and 11) A. There were 11 or 12 members, but they were not (12) International Harvester tractors. (12) active on the committees that I serviced, and so I did (13) Q. Okay. Did anybody in your family or friends (13) not -- so I'm not familiar with all of those -- with (14) or your area own those products? Is that what you're (14) those members. The Big 3 were the primary active people (15) saying? 15) that I interfaced with. (16) A. That's correct. 16) Q. (By Ms. Farrise) Okay. For what period of (17) Q. Have you ever owned an International Harvester 17) time were you employed by the Motor Vehicle (18) truck before you became employed by that company? 18) Manufacturer's Association in Detroit, Michigan? (19) A. No. 19) A. Between 1977 and 1979. (20) Q. Okay. Back to your work, however, in Detroit 20) Q. Okay. And prior to 1977 who were you employed (21) with the Motor Vehicle Manufacturer's Association, what 21) by? (22) was the -- it was a trade association that existed, to 22) A. Liberty Mutual Insurance Company. (23) your understanding as an employee, in fact, a 23) Q. Okay. And what was your position with Liberty (24) coordinator of industrial hygiene, what was the purpose (24) Mutual Insurance Company? (25) of that trade association? 25) A. I had several positions over the years with Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 10 (Pages 37 to 40) 37 39 (1) Liberty Mutual. (1) weeks of classroom training, and then there is (2) Q. Okay. Well, was one of them industrial (2) additional mentoring on the field -- in the field with (3) hygienist? (3) training. (4) A. Yes, it was. (4) Q. Did you work in the field, for instance, with (5) Q. Okay. When did you start with Liberty Mutual? (5) a certified industrial hygienist as part ofyour (6) A. 1969, I believe. (6) training? (7) Q. Okay. Okay. Can you recall, other than (7) A. Yes, I believe I did. (8) industrial hygienist, any other positions that you held (8) Q. And just so that I make sure we're on the same (9) with Liberty Mutual Insurance Company from 1969 to 197 7? (9) page, your role as an industrial hygienist for the (10) A. Yes. (10) Liberty Mutual Insurance Company was to perform (11) Q. Okay. What was that? (11) industrial hygiene work, if you will, for various (12) A. One of them was loss prevention manager. (12) insureds or people who had insurance through Liberty (13) Another was senior loss prevention manager. Another wa (13) Mutual Insurance Company, correct? (14) senior loss prevention manager with a fire protection (14) MR. OSTERTAG: Vague and ambiguous. (15) designation. (15) A. Therole of the industrial hygiene activity (16) Q. Okay. Can you describe for me what the (16) was part of a service to clients in the loss prevention (17) chronology was? For instance, what was your first (17) department. Excuse me. I need to take a break. (18) position, what was your next position, and how you were (18) MS. FARRISE: Certainly. Let's go off the (19) promoted while you were employed for eight years (19) record. It's 10:18. (20) approximately at Liberty Mutual Insurance Company? (20) VIDEOGRAPHER: We're going off the record at (21) MR. OSTERTAG: It's compound. (21) 10:18. (22) A. I started as loss prevention manager, was (22) (Recess taken at 10:18.) (23) promoted to senior loss prevention manager, acquired a (23) VIDEOGRAPHER: We're back on the record. The (24) fire protection specialty, and then became an industrial (24) time is 10:22 a.m. (25) hygienist. (25) Q. (By Ms. Farrise) Mr. Slavin, I have a Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 38 40 (1) Q. (By Ms. Farrise) Okay. And can you estimate (1) question slightly off topic. When you go to work in (2) for me when you became an industrial hygienist for (2) downtown Chicago in a commercial office building for (3 ) Liberty Mutual Insurance Company? (3) Navistar, Inc., do you typically wear a tie? (4) A. Approximately 1973. (4) A. No, I do not. (5) Q. And, sir, is it your understanding that (5) Q. Okay. You typically wear anopen-collared (6) industrial hygienists in the context of industry (6) shirt like you're wearing today? (7) recognize, evaluate and protect workplace -- workers in (7) A. That's correct. (8) the workplace from workplace hazards? (8) Q. Now, back to your work at Liberty Mutual, you (9) MR. OSTERTAG: Vague and ambiguous. (9) told me that in 1973 you got the title of industrial (10) Overbroad. (10) hygienist for that insurance company, correct? (11) A. The standard terminology is recognize, (11) A. That is correct. (12) evaluate and control occupational healthhazards. (12) Q. All right. And you described the role of (13) Q. (By Ms. Farrise) And how by1973, what (13) industrial hygiene -- or the industrial hygiene activity (14 ) background, experience, education, training have you had (14) at Liberty Mutual was part of a service to Liberty (15) that would prepare you to serve as an industrial (15) Mutual clients in the loss prevention department, (16) hygienist for the Liberty Mutual Insurance Company? (16) correct? (17) MR. OSTERTAG: Overbroad. Vague. (17) A. That is correct. (18) A. Liberty Mutual has a training program that (18) Q. Okay. What does that mean? What did you (19) prepares industrial hygienists. (19) actually do? (20) Q. (By Ms. Farrise) Okay. And how long is the (2 0) A. I would help clients recognize, evaluate and (21) training program that you -- and I take it you (21) control occupational exposures. (22) participated in that Liberty Mutual training program? (22) Q. Okay. And theclients of Liberty Mutual were (23) A. That is correct. (23) people who had -- people or companies who had purchased (24) Q. Okay. And how long was it? (24) insurance from Liberty Mutual Insurance Company, (25) A. I seem to think it was three weeks. Three (25) correct? Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 11 (Pages 41 to 44) 41 43 (1) A. That is correct. (2) Q. So your role as an industrial hygienist would (3) be to go out to the corporate -- corporate clients' (4) facilities, whether they be manufacturing facilities or (5) whatever kind of facilities they had, and help them (6) assess, recognize, evaluateand control occupational (7) hazards, correct? (8) A. That's -- yes, that's correct. That's what I (9) did. (10) Q. Okay. And when you started later then with (11) International Harvester Company, did your role (12) essentially as an industrial hygienist, was it (13) essentially the same within that company as it had bee (14) for the clients of the Liberty Mutual Insurance Company (15) or-- (16) MR. OSTERTAG: Vague and ambiguous. (17) Q. (By Ms. Farrise) -- or was it different? (18) MR. OSTERTAG: Vague and ambiguous. (19) A. In the general sense of recognize, evaluate (20) and control, it was similar. Obviously the makeup of (21) International Harvester was much different from the (22) makeup of the clientele of Liberty Mutual. (23) Q. (By Ms. Farrise) Inwhatway? (24) A. Liberty Mutual insured food manufacturers, (25) beer manufacturers, dynamite manufacturers, a whole Aiken Welch Court Reporters T. Slavin 10-07-10 (1) A. That is correct. (2) Q. Okay. What air sample techniques for asbestos (3 ) and other substances did you learn how to use as a (4) result of the training that you got from the Liberty (5) Mutual Insurance Company in industrial hygiene? (6) MR. OSTERTAG: Vague. Ambiguous. Overbroad. (7) A. There were a number of techniques for -- which (8) included radiation. There were instruments to measure (9) ionizing and non-ionizing radiation for noise. There 10) were Octaband analysis as well as sound level meters for (11) certain solvents. There were--there were direct 112) reading tubes. There were grab samples using glass 113) bottles for later analysis. 14) For metals -- there were filters and pumps 15) that were used to collect metals for respirable dust. 116) There were filters with re -- recyclings that would 17) screen out respirable versus nonrespirable dust. For 118) asbestos at the time it was an open-face 37-millimeter 19) filter cassette that was used to collect dust with a 20) pump. 121) Q. And as part of your work at Liberty Mutual 12 2) Insurance Company, you did air sampling for asbestos, 12 3) did you not? 24) A. Yes, I did. 25) Q. You went out to actual facilities, and you Aiken Welch Court Reporters T. Slavin 10-07-10 42 44 (1) range of industries. I think at one point they insured (1) observed and identified workers who were working with or (2) 15 percent of the Fortune 500. So there were a number (2) around asbestos products, and you measured the air that (3) of clothing manufacturers, clothing distributors, (3) they were breathing to determine whether and if they (4) clothing retailers, a number of occupations. (4) were being exposed to asbestos at whatever level, (5) Q. When you worked at the Liberty Mutual - (5) correct? (6) strike that. Can we -- strike that. (6) MR. OSTERTAG: Vague and ambiguous. Excuse (7) When you were trained by the Liberty Mutual (7) me. (8) Insurance Company in industrial hygiene, were you (8) A. I did monitor exposures to asbestos - (9) trained as to hazards caused by exposure to asbestos? (9) Q. (By Ms. Farrise) Yes. (10) MR. OSTERTAG: Vague and ambiguous. (10) A. -- or potential exposures to asbestos, not - (11) A. Asbestos was one of the occupational exposures (11) depending on the results. (12) that was covered. (12) Q. You understood by 1973 when you were an (13) Q. (By Ms. Farrise) Okay. And what can you (13) employee as an industrial hygienist of the Liberty (14) recall about your training at or about 1973 by the (14) Mutual Insurance Company that asbestos was a substance (15) Liberty Mutual Insurance Company in industrial hygiene (15) that was regulated in the workplace by the Occupational (16) having to do with the hazards caused by exposure to (16) Safety and Health Administration, correct? (17) asbestos? (17) MR. OSTERTAG: Vague and ambiguous. (18) A. I don't recall the specific training as to the (18) A. That is correct. (19) hazards. There was training in how to measure. (19) Q. (By Ms. Farrise)You understood that by 1973 (20) Q. Training on how to measure whether or not (20) as an industrial hygienist for the Liberty Mutual (21) there was an exposure to asbestos to human beings ir a (21) Insurance Company that the Occupational Safety and (22) certain work environment? (22) Health Administration had identified asbestos exposures (23) A. How to measure the exposure level. (23) to employees as an exposure which could cause serious (24) Q. Air samples? Were you trained in air sampling (24) health consequences if it were not controlled, correct? (25) techniques? (25) MR. OSTERTAG: Vague and ambiguous. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 12 (Pages 45 to 48) 45 47 (1) Overbroad. (1) you received your certification in industrial hygiene (2) A. The training at Liberty Mutual was that there (3) was exposure response in thresholds, and that too much (2 ) you were capable to determine the presence of asbestos (3) as an ingredient in a material by taking bulk samples, (4) of almost anything could be a -- could cause a toxic (4) correct? (5) problem. And asbestos, like other materials, could be (5) MR. OSTERTAG: Vague and ambiguous. Assumes (6) evaluated to determine whether that -- whether the (6 ) facts. Lacks foundation. (7) exposure was excessive or whether the exposure was on e (7) A. The technology to determine fiber type, let's (8) that was -- an employee could work in the case of (8) say, evolved. And I'm not sure where the key in that (9) the -- many of the exposure limits that we used for 40 (9) continuum was where the year it became possible to use (10) (11) hours a week without adverse effect. Q. (By Ms. Farrise) Okay. Sir, you understood (10) (11) techniques to distinguish fiber type. I don't know what--where that was. (12) (13) by 1973 that exposures to asbestos at certain levels to (12) human beings could cause serious health consequences, (13) It wasn't something that I did because the standard didn't distinguish fiber type, and meant much (14) correct? (14) of what I did was to evaluate according to the OSHA (15) MR. OSTERTAG: Vague and ambiguous. (15) standard, and fiber was fiber as far as the standard was (16) Overbroad. (16) concerned. (17) A. By 1973 it wasunderstood that excessive (17) Q. (By Ms. Farrise) And when you refer to the (18) levels of asbestos or silica or any other material could (18) standard, that was what you were referring to, the OSHA (19) have adverse health consequences, yes. The key is what (19) standard specifically dealing with asbestos that was (20) (21) level. Q. (By Ms.Farrise) Yes. And you also (20) (21) already in existence by 1953, correct? That's what you mean by the standard? (22) understood that by 1973 that in order to determine what (22) A. Right. Most of -- most of the activity (23) the level of exposure to asbestos was to an individual (23) that -- or the requests from clients for evaluation were (24) worker that measurements, evaluation, air sampling and (24) in relation or relative to the -- to the OSHA standard. (25) other techniques would need to be used to determine what (25) Q. Sir, when you were employed by Liberty Mutual Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 46 48 (1) the exposure levels were, correct? (1) as a loss prevention manager -- senior loss prevention (2 ) MR. OSTERTAG: It's vague. (2 ) manager, fire protection specialist, and then industrial (3) A. In some cases measurement was the best way to (3 ) hygienist by 1973, did the Liberty Mutual Insurance (4) determine. There were other ways to determine exposure (4) Company offer insurance to its clients to -- for (5) or to determine whether a given exposure was (5) workers' compensation to cover what would be sort of (6) problematic. It didn't always require air samples. (6) health and safety claims that might arise from those (7) Q. (By Ms. Farrise) Okay. By 1973, sir, had you (7) clients' employees? (8) been trained how to take and send for evaluation a bulk (8) MR. OSTERTAG: Objection. Vague and (9) sample of material to determine whether or not asbestos (9) ambiguous. Lacks foundation. Speculation. Irrelevant. (10) was a part of the -- part of the ingredients in that (10) A. I don't know what you mean by health and (11) sample? (11) safety claim. (12) A. I don't recall specific training on bulk (12) Q. (By Ms. Farrise) Okay. Well, let me ask it a (13) samples for asbestos. We did bulk samples for quartz to (13 ) different way. What kind of coverage did the Liberty (14) determine percent quartz which was a key to the -- key (14) Mutual Insurance Company that you worked for offer to (15) to the regulatory formula. But as far as asbestos, I (15) its clients that you were providing industrial hygiene (16) don't recall the need for a bulk sample. (16) services to by 1973? (17) Q. Were you capable by 1973, Mr. Slavin, as part (17) MR. OSTERTAG: Objection. Vague and (18) of your training or from some other source of taking a (18) ambiguous. Overbroad. Lacks foundation. Calls for (19) bulk sample of material to determine whether asbestos (19) speculation. (20) was part of the ingredients of that material? (20) A. You've got a date in there when you say by (21) MR. OSTERTAG: Well, that's vague and (21) 1973. And I think you said I didn't become an (22) ambiguous. (22) industrial hygienist until after that date or around (23) A. If there was a need, I suppose that I would (23) that date. (24) have been. (24) Q. (By Ms. Farrise) At approximately 1973, with (25) Q. (By Ms. Farrise) And certainly by 1979 when (25) that modification, what kind of coverage did the Liberty Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 13 (Pages 49 to 52) 49 51 (1) Mutual Insurance Company offer to its clients for which (2) you were conducting industrial hygiene surveys? (3) MR. OSTERTAG: Objection. Speculation. (4) Foundation. Vague and ambiguous. Overbroad. (5) A. Most of the industrial hygiene activity was (6) focused on work -- a client with workers' compensation (7) coverage. (8) Q. (By Ms. Farrise) So Liberty Mutual Insurance (9) Company was offering to clients who you would go out to (10) their workplace insurance coverage for their work force (11) for workers' compensation, correct? (12) MR. OSTERTAG: Foundation. Lacks--excuse (13) me. Lacks foundation. Speculation. (14) A.Liberty Mutual offered a number of coverages. (15) And I believe that most of my activity was in connection (16) with workers' compensation claims. (17) Q. (By Ms. Farrise) For instance, you weren't an (18) automobile collision claims adjustor for that company, (19) correct? (20) A. That's correct. (21) Q. Right. And in terms of your role in loss (22) prevention, you would be at the site of the client or (23) the insured of Liberty Mutual to try to help them reduce (24) hazards so that they would have less claims, less (25) losses, less injury, if you will, to their employees, Aiken Welch Court Reporters T. Slavin 10-07-10 (1) employed with Liberty Mutual in 1977, that was knowledge (2) that became part of your professional background when (3) you later became a certified industrial hygienist, (4) correct? (5) MR. OSTERTAG: Vague and ambiguous. (6) A. I believe that's a fair statement. (7) Q. (By Ms. Farrise) For instance, the knowledge (8) that we've discussed in the capacity to conduct an air (9) sample for the presence of asbestos, that was knowledge 10) and capability that you took with you when you began 11) your employment with International Harvester Company, (12) correct? (13) A. That's correct. 14) Q. Now, you worked as I understand it -- strike (15) that. 16) When you worked for Liberty Mutual Insurance 17) Company, you did do some industrial hygiene surveys and 18) evaluation for automotive companies including the Ford 19) Motor Company, correct? 20) A. I'm sorry. Would you repeat that question? (21) MS. FARRISE: Sure. I'll ask the court (22) reporter to read it back. 23) (Requested material was read back.) 24) A. I don't recall doing industrial hygiene 25) surveys for -- there are several questions that you're Aiken Welch Court Reporters T. Slavin 10-07-10 50 52 (1) correct? (1) asking here. You're making some assumptions, in the (2) MR. OSTERTAG: Vague. Ambiguous. Foundation. (2) first place. Many of the automotive companies were (3) Speculation. (3) self-insured, which meant they didn't -- Liberty Mutual (4) A. The idea was to reduce--was loss prevention. (4) was not -- did not have them as clients. There - (5) Q. (By Ms. Farrise) Uh-huh. (5) having said that with regard to Ford, there was a (6) A. And so that was -- if we could help clients (6) certain area -- certain part of the Ford business that (7) reduce losses, that was our objective. (7) Liberty insured, but I don't remember doing industrial (8) Q. And the other part of your work for Liberty (8) hygiene for that client specifically. (9) Mutual Insurance Company was to determine for that (9) Q. (By Ms. Farrise) Okay. Do you recall a (10) insurance company, through an industrial hygiene survey, (10) coworker of yours at the Liberty Mutual Insurance (11) the nature and extent of the hazards which might be (11) Company Roland G. Rosslip? (12) posed for purposes of helping the Liberty Mutual (12) A. Roland Rosslip, yes. (13 ) underwriters determine how much they should charge to (13) Q. Okay. And who was Mr. Rosslip in relation to (14 ) their clients, correct? (14) you and your position there? (15) MR. OSTERTAG: Speculation. Foundation. (15) A. Mr. Rosslip, at one point, was an assistant (16) Vague and ambiguous. Overbroad. (16) office manager and would have been a supervisor. He was (17) A. No, that's not correct. (17) also an account manager for the Ford account. (18) Q. (By Ms. Farrise) Your role in terms of doing (18) (EXHIBIT NO. 4 MARKED.) (19) industrial hygiene surveys was merely to help the (19) Q. (By Ms. Farrise) Okay. Let me hand you - (20) clients, the insured, of Liberty Mutual to reduce the (20) first your counsel is going to likely want to look at (21) workplace hazards. Is that accurate? (21) what I have marked as Plaintiff's Exhibit 4. I actually (22) A. That's correct. (22) have a copy for him so that he can see the document. (23) Q. And whatever knowledge you obtained by virtue (23) Exhibit 4, for the record, is a document dated (24 ) of your training -- and it sounds like field experience (24) December 23, 1975, produced in litigation by the Ford (25) doing industrial hygiene surveys -- while you were (25) Motor Company as the designation in the lower right-hand Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 14 (Pages 53 to 56) 53 55 (1) corner indicates. (1) ambiguous. Argumentative. Assumes facts. Lacks (2) So first of all, Mr. Slavin, why don't you (2) foundation. (3) take a moment and familiarize yourself with what I have (3) A. I wouldn't necessarily - (4) marked as Plaintiff's Exhibit Number 4. (4) MR. MILANFAR: Join. (5) A. Okay. I've read it. (5) MS. CINCO: Cinco. Join. (6) Q. Okay. Exhibit Number 4, for the record, is a (6) MR. OSTERTAG: Go ahead, Tom. (7) document on Liberty Mutual Insurance Company letterhead (7) A. I think you're--there's a chain of questions (8) from the Detroit, Michigan, location. It is from Roland (8) there. I kind of got lost in the progression. So let's (9) G. Rosslip, R-o-s-s-l-i-p, to Mr. S.F. Svoboda, Ford (9) start -- let's do that over. (10) Service Research Center also in Dearborn, Michigan. (10) Q. (By Ms. Farrise) Sure. Mr. Slavin, by (11) And it starts Dear Stan, quote, on 12/15/75, (11) 1975 -- December of 1975 as part of your work at the (12) Tom Slavin and I met with you to discuss the status of (12) Liberty Mutual Insurance Company, you were evaluating (13) the project involving the vacuum cleaner to be used for (13) asbestos exposures in the context of automotive (14) asbestos. That's the first sentence. Do you see where (14) dealerships. Let's start there. Correct? (15) I was reading, sir? (15) A. I don't believe that's what this is about. (16) A. Ido. (16) Q. Let me ask you to turn to the second page of (17) MR. OSTERTAG: Well, I'm going to object to (17) what has now been marked as Plaintiff's Exhibit Number (18) the preface of the question regarding the Liberty Mutual (18) 4, the first full paragraph -- let me just first read it (19) document. But go ahead. Lacks foundation. (19) to you. (20) Q. (By Ms. Farrise) Mr. Slavin, are you the Tom (20) Quote: You also inquired as to any (21) Slavin who met with Mr. Rosslip, your coworker, with Mr. (21) information that we have experienced with above-ground (22) Svoboda of the Ford Service Research Center at or abou (22) vehicle lifts, period. I am aware of one dealership in (23) December of 1975? (23) New Orleans that has this type of equipment. Several (24) A. I believe so. (24) years ago we were concerned about the operation and (25) Q. Okay. There was no other Tom Slavin who was (25) maintenance of these lifts. I believe there was one Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 54 56 (1) employed by Liberty Mutual Insurance Company, to your (1) accident in which a vehicle fell off. There was - (2) knowledge? (2 ) there were no injuries as a result, period. (3) A. To my knowledge. (3 ) Next paragraph, quote: You indicated that (4) Q. Okay. And the document indicates that -- or (4) there are future plans for incorporating a, quote, (5) suggests that by December of 1975 some part of what you (5) safety and health section into the Rotunda manual. I (6) were concerned with in terms of your work for Liberty (6) most certainly think this is a good idea with the (7) Mutual was asbestos exposure and utilizing vacuum (7) ever-increasing need for dealerships to comply with the (8) methods to reduce exposures. Is that consistent with (8) various federal and state codes and other safety (9) your recollection? (9) requirements. I believe it would be most helpful for (10) MR. OSTERTAG: Objection. Misstates. Lacks (10) them to be able to easily pinpoint various items that (11) foundation. Assumes facts. (11) are needed through the use of their Rotunda manual, end (12) A. I'm going to ask that the question be (12) of paragraph. First of all, did I read that correctly, (13) repeated, if that's all right. : 13) sir? (14) MS. FARRISE: Oh, sure. 14) A. I think you read the words correctly, yes. (15) (Requested materialwas read back.) 15) Q. Okay. And having read the words correctly and (16) MR. OSTERTAG: Let me add argumentative. 16) together from Exhibit Number 4, Mr. Slavin, by 1975 in (17) A. And by 19 -- the document is consistent with, 17) December, some part of your work with Liberty Mutual (18) my understanding, that by 1975 we recognized that vacuum 18) Insurance Company concerned exposure to asbestos that (19) methods were a way to control dust. (19) would occur to people working in automotive dealerships. (20) Q. (By Ms. Farrise) And is it also true that by (20) Correct? (21) 1975, Mr. Slavin, you were aware that the exposure to (21) MR. OSTERTAG: Objection. Misstates the (22) asbestos from automotive products was among the concerns (22) document. Lacks foundation. Calls for speculation. (23) for asbestos hazards and exposures to employees in (23) Vague and ambiguous. Assumes facts. (24) occupational settings? 24) A. I don't get there from this document. (25) MR. OSTERTAG: Objection. Vague and (25) Q. (By Ms. Farrise) Okay. From your memory-- Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 15 (Pages 57 to 60) 57 59 (1) sir, you were there and we were not. Can you tell us (2) whether you recall as some part of your work in 1975 as (3) the industrial hygienist for Liberty Mutual Insurance (4) Company included looking at exposures to asbestos to (5) individuals who were exposed to asbestos in the context (6) of working in automotive dealerships? (7) MR. OSTERTAG: Argumentative "you were there " (8) Assumes facts. (9) A. I don't get there -- I don't get to that (10) point. There's several--there's a chain of (11) assumptions in your question. And I am -- I don't (12) arrive at the end. (13) Q. (By Ms. Farrise) As part of your work for the (14) Liberty Mutual Insurance Company, one of the clients of (15) Liberty Mutual that you did some work on industrial (16) hygiene work for was the Ford dealerships, correct? (17) MR. OSTERTAG: Misstates the record. (18) A. Was the Ford Dealer Development program, which (19) included some dealerships. (20) Q. (By Ms. Farrise) And Mr. Svoboda, are you (21) saying he was with the Ford Dealer Development program (22) within the Ford Motor Company? Is that your (23) recollection? (24) MR. OSTERTAG: Foundation. Speculation. (25) A. That's my understanding and assumption. Aiken Welch Court Reporters T. Slavin 10-07-10 (1) where automotive repair work -- and by this I'm going to (2) specifically say automotive brake, engine and clutch (3) repair work was done? (4) MR. OSTERTAG: Speculation. Foundation. (5) A. The dealerships -- the Ford Dealer Development (6) Dealerships that -- my understanding is that they (7) performed service like many other automotive (8) dealerships. (9) Q. (By Ms. Farrise) Okay. To your knowledge, (10) did the Ford Motor Company, the Ford Dealer Development (11) group or any of the Ford dealers, ever conduct any (12) health study to determine the health effects of people (13) who were working in Ford dealerships doing automotive (14) repair to vehicles on asbestos containing brakes, (15) clutches or engine gaskets? (16) MR. OSTERTAG: Objection. Lacks foundation. (17) Calls for speculation. Assumes facts. (18) A. I don't know what research Ford would have (19) done. (20) Q. (By Ms. Farrise) As the industrial hygienist (21) and/or loss prevention manager at Liberty Mutual in the (22) 1970s where the Ford Motor Company Dealer Development (23) department was among the clients of Liberty Mutual, you (24) did not become aware that the Ford Motor Company was (25) conducting any sort of study to determine whether or not Aiken Welch Court Reporters T. Slavin 10-07-10 58 60 (1) Q. (By Ms. Farrise) And did the Liberty Mutual (1) there were negative health effects to people who were (2) Insurance Company, who you were employed as an (2) doing automotive repair where they would be exposed to (3) industrial hygienist for by 1975 insure Ford -- some (3) asbestos from automotive brakes with asbestos, clutches (4) Ford dealerships where automotive repair work was bei ng (4) and engine gaskets, correct? (5) done? (5) MR. OSTERTAG: The question is compound. (6) MR. OSTERTAG: Foundation. Lacks--or excuse (6) Vague and ambiguous. Overbroad. Lacks foundation. (7) me. Compound. Lacks foundation. Calls for (7) Calls for speculation. (8) speculation. Assumes facts. (8) MR. EPSTEIN: Join. Epstein. (9) A. I'd like to go back to the question with Mr. (9) A. I don't know what research it was doing. (10) Svoboda. I don't recall meeting Mr. Svoboda. I've (10) Q. (By Ms. Farrise) And since you were employed (11) answered your question on the basis of this letter, but (11) by Liberty Mutual through today, you follow the (12) I don't want to indicate that I had any personal (12) publicly-available literature which is published in the (13) acquaintance with Mr. Svoboda -- Svoboda. (13) area of industrial hygiene, don't you? (14) MS. FARRISE: There's a question pending. Ms (14) MR. OSTERTAG: Overbroad. Vague and (15) Court Reporter, could you read it for me? (15) ambiguous. (16) (Requested material was read back.) (16) A. Ido read literature when -- I think when - (17) MR. OSTERTAG: Lacks foundation. Calls for (17) I'm not sure what you mean by follow because that can - (18) speculation. Assumes facts not in evidence. (18) that can mean a lot of things. I do try to stay abreast (19) A. Liberty Mutual--my understanding is Liberty (19) of the general sense of literature, that's correct. (20) Mutual insured the Ford Dealer Development program, (20) Q. (By Ms. Farrise) Okay. And more (21) which included certain dealerships. (21) particularly, can we agree, sir, that you have stayed (22) Q. (By Ms. Farrise) And is it also your (22) abreast of industrial hygiene literature because that's (23) understanding that the Ford dealerships, which were (23) your professional field, correct? (24) included in the Liberty Mutual Insurance of the Ford (24) MR. OSTERTAG: Well, that's overbroad. It's (25) Dealer Development program, were dealerships that - (25) vague and ambiguous. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 16 (Pages 61 to 64) 61 63 (1) A. It's also a very broad field. I do try to (2) stay on top of industrial hygiene developments and do (3) read industrial hygiene journals, but I don't read every (4) article, and I don't -- I don't necessarily stay (5) entirely current on every issue. Sometimes if an issue (6) comes up, I have to do the research and go back and loo k (7) at those journals. So I don't have those off the top of (8) my head. (9) Q. (By Ms. Farrise) You've personally published (10) in the industrial hygiene literature that's publicly (11) available, correct? (12) A. That's correct. (13) Q. How many scientific publications on industrial (14) hygiene topics have you authored or co-authored that you (15) can estimate for me? (16) A. Ballpark estimate might be two dozen. (17) Q. For instance, I became aware that you were a (18) co-author I guess with Mr. Bunn, William -- Dr. Bunn, (19) who is your current -- strike that. (20) You were a co-author with Dr. Bunn, who you (21) report to today at Navistar, on a paper published in the (22) Journal of Occupational and Environmental Medicine in (23) 2001 titled Health, Safety and Productivity in a (24) Manufacturing Environment. Correct? (25) A. I believe that is correct. Aiken Welch Court Reporters T. Slavin 10-07-10 (1) International Harvester Company for more than 30 years, (2) has Dr. Bunn, yourself or anyone else to your knowledge (3) ever conducted an asbestos survey to determine the - (4) whether or not individuals working at International (5) Harvester dealerships were exposed to asbestos from the (6) repair work that they did on International Harvester (7) vehicles? (8) MR. OSTERTAG: Vague and ambiguous. (9) Overbroad. (10) A. That's a fairly long question. I guess I'd (11) like to hear that again and the time following. (12) THE REPORTER: Would you like for me to read (13) it back? (14) MS. FARRISE: Yes, please. (15) (Requested material was read back.) (16) A. I do not recall such a survey. (17) Q. (By Ms. Farrise) And if, in fact, a survey in (18) industrial hygiene study or survey evaluation of any (19) kind had been done by anyone at International Harvester (20) to determine asbestos exposures to people working at (21) International Harvester dealers to asbestos, that would (22) have been work that would have been directed by the (23) industrial hygiene department of Navistar, correct? (24) MR. OSTERTAG: Assumes facts. Calls for (25) speculation. Lacks foundation. Overbroad. Aiken Welch Court Reporters T. Slavin 10-07-10 62 64 (1) Q. And Dr. Bunn, who you directly report to (2) today, is listed on that article in terms of his credit (3) as not only being a doctor, but a lawyer as well and (4) holding a JD. Is that your understanding as well? (5) A. That is my - (6) MR. OSTERTAG: Objection. Go ahead - (7) THE WITNESS: I'm sorry. (8) MR. OSTERTAG: Objection. Lacks foundation. (9) A. That is my understanding. (10) Q. (By Ms. Farrise) Now, have you or Dr. Bunn-- (11) strike that. (12) Dr. Bunn, as I understand it, also holds a (13) master's in public health. Is that your understanding (14) as well? (15) MR. OSTERTAG: Foundation. Speculation. (16) A. That is my understanding. (17) Q. (By Ms. Farrise) So Dr. Bunn is trained in (18) medicine, law and occupational safety and health. (19) That's a fair statement, correct? (20) MR. OSTERTAG: Again, assumes facts -- or (21) excuse me. Lacks foundation. Calls for speculation. (22) A. He's trained in medicine, law and public (23) health. (24) Q. (By Ms. Farrise) And to your knowledge, Mr. (25) Slavin, having worked at Navistar formerly known as Aiken Welch Court Reporters T. Slavin 10-07-10 (1) A. I don't believe that's necessarily true. (2) Q. (By Ms. Farrise) Would the industrial hygiene (3) department of Navistar formerly known as International (4) Harvester Company likely be aware if there was a study (5) or an evaluation to determine whether, and to what (6) extent, someone was exposed to asbestos at an (7) International Harvester dealer from doing repair work on (8) International Harvester vehicles that was being (9) undertaken? (10) MR. OSTERTAG: Foundation. Lacks--excuse (11) me. Speculation. (12) A. Many of the International Harvester dealers-- (13) most--were independent dealerships. And as such, the (14) department that I worked for would not be involved in (15) activities. So it's likely -- it's possible that work (16) could be done, and there would be no reason that we (17) would be involved or aware of that work. (18) Q. (By Ms. Farrise) And that would be industrial (19) hygiene surveys that dealers who were International (20) Harvester dealers that were independent from the company (21) might be conducting on their own, correct? (22) A. It could also be -- it could also be accurate (23) for dealers that were not independent. (24) Q. First of all, the department that you just (25) referred to that you worked within for most of the 30 Aiken Welch Court Reporters T. Slavin 10-07-10 17 (Pages 65 to 68) 65 67 (1) years that you have been employed at International (1) among other hazards, correct? (2) Harvester has included the department that had the (2) MR. OSTERTAG: Vague and ambiguous. (3) corporate responsibility for industrial hygiene and (3) A. I need to hear that question again. (4) safety, correct? (4) (Requested material was read back.) (5) MR. OSTERTAG: Compound. Overbroad. Vagu e (5) A. I don't understand the meaning or implication (6) and ambiguous. (6) of the term "effectuate" in this context. (7) A. That's not exactly accurate, no. (7) Q. (By Ms. Farrise) The department that you have (8) Q. (By Ms. Farrise) Have you worked for most of (8) worked at for the 30-plus years when you have been (9) your career at Navistar in a department who had as its (9) employed by Navistar, Inc., formerly known as (10) responsibility on a corporate basis industrial hygiene (10) International Harvester Company is the department within (11) and safety? (11) that company that is responsible for setting, if their (12) MR. OSTERTAG: Vague and ambiguous. (12) people did, corporate policy for employee safety and (13) A. The department that I've worked for assists (13) health as it relates to asbestos and other workplace (14) operations in safety and industrial hygiene matters. (14) hazards. Correct? (15) Q. (By Ms. Farrise) And has that been true for (15) MR. OSTERTAG: Overbroad. Vague and (16) the duration of your more than 30-year career at (16) ambiguous. (17) Navistar formerly known as International Harvester (17) A. That's generally correct. (18) Company? (18) Q. (By Ms. Farrise) Okay. And generally (19) A. It has been true that we have--that my (19) speaking today, the position that you hold is the (20) department that I've worked in has provided and (20) director of the global health -- global safety and (21) continues to provide assistance to operations for safety (21) health department for Navistar on a worldwide basis, (22) and industrial hygiene matters. We're not the only ones (22) correct? (23) that provide that service. (23) A. I'm the global safety and health director for (24) Q. Okay. There's another department in - (24) Navistar, that's correct. (25) A. No - (25) Q. Yes. So if today and in the past there has Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 66 68 (1) Q. Sorry. There's another department within (2) Navistar that also provides on a corporate basis service (3) to that company for industrial hygiene and safety and (1) been a corporate-level policy that addressed safety and (2) health to Navistar employees, it would be generated from (3) the department that you now work in and have worked in (4) health? (5) A. No. There is -- well, as far as I know (6) there's not another department that has that (7) responsibility. (8) Q. Okay. So can we agree, sir, that for most of (9) the -- strike that. (4) for 30 years - (5) MR. OSTERTAG: Vague and ambiguous. (6) Q. (By Ms. Farrise) --right? (7) MR. OSTERTAG: Overbroad. (8) A. If there were a corporate policy on an (9) occupational safety and health matter, it would most (10) For the 30-plus years that you have been 10) likely be generated from our department. (11) employed by Navistar formerly known as International 11) Q. (By Ms. Farrise) Is there a department or has (12) Harvester Company, you have worked within the departme nt (12) there been a department within Navistar formerly known (13) that has had the primary corporate responsibility for 13) as International Harvester, during the 30-plus years (14) industrial hygiene and employee safety and health? 14) that you've been employed there, that had as its (15) MR. OSTERTAG: Vague and ambiguous. 15) responsibility the safety and health of people who (16) Overbroad. Misstates. 16) purchased or used or repaired International Harvester (17) A. I've worked for the department that has been 17) products? (18) most primarily -- let's say responsible for assisting, (18) MR. OSTERTAG: Vague and ambiguous. It's (19) for developing policies on safety and health. 19) overbroad. (20) Q. (By Ms. Farrise) So, for instance, the (21) department that you have worked in for the most of - (22) what, for the 30-plus years that you have been employed (23) by Navistar is the department that would determine and 20) A. We had engineering and -- we had -- I was not 21) involved in those areas, but I do believe that there was 22) someone who had -- there was some areas that had -- that 23) had -- was involved in -- in the engineering and - (24) effectuate policy to address any hazards that any (25) employees might experience from exposure to asbestos, (24) product reliability for international products. (25) Q. (By Ms. Farrise) Is it your testimony then, Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 18 (Pages 69 to 72) 69 71 (1) sir, that your understanding having worked at Navistar (1) other. (2) for more than 30 years is that the health and safety (2) Q. (By Ms. Farrise) Sir, tell me what department (3) protection or concerns, if you will, to people who were (3) within the International Harvester Company, now known as (4) owners, product users or who would do maintenance or (4) Navistar, Inc., during the 30 years that you have been (5) International Harvester vehicles has rested with the (5) employed there had the responsibility to protect the (6) engineering and product reliability department within (6) health and safety of people who would repair (7) that company? (7) International Harvester vehicles from exposure to (8) MR. OSTERTAG: Objection. Misstates (8) asbestos. (9) testimony. Assumes facts. Lacks foundation. Calls for (9) MR. OSTERTAG: Lacks foundation. Calls for (10) speculation from this witness. (10) speculation. Assumes facts not in evidence. Vague and (11) A. I'm not sure how -- particularly over that (11) ambiguous. Overbroad. Compound. (12) period of time how those functions were organized. The (12) A. Again, there are--you're chaining together a (13) only thing that I can tell you is that I was not (13) number of things. There were--I know that there were (14) involved in that area of the business. (14) people - (15) Q. (By Ms. Farrise) And do you know anyone who (15) MR. OSTERTAG: Excuse me. (16) over the course of your 30 years at that company that (16) A. --people at Navistar/International Harvester (17) you could identify, either by name or title or place 17) that worked to -- that worked in this area to -- but I (18) within the company, who you understood had the 18) don't -- I can't characterize them in the full (19) responsibility to determine and protect owners, users (19) description that you're applying to that question. (20) and people who would maintain International Harvester 20) Q. (By Ms. Farrise) I'll take a partial (21) vehicles so that they would not be exposed to asbestos? (21) description. Where did they work? What location? What (22) MR. OSTERTAG: It's argumentative. Lacks (22) department? What was theirjob? (23) foundation. Calls for speculation. It's overbroad. (23) MR. OSTERTAG: Same objections. (24) Vague and ambiguous. (24) A. When you say "they," can you--can we get to (25) A. I'm not sure who had what responsibility in 25) that? Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 70 72 (1) that organization. And I think you're taking the (1) Q. (By Ms. Farrise) Sure. Can you tell me (2) question a little further than my understanding of any (2) anybody, either by their location that they worked in, (3) specific person's responsibility orjob description. (3) the department that they worked in or the job title or (4) MS. FARRISE: Move to strike the last part as (4) even the name, if you can recall that, anybody who since (5) nonresponsive. (5) you've been at International Harvester for more than 30 (6) Q. (By Ms. Farrise) Mr. Slavin, I just want to (6) years who you understood to have a responsibility to (7) know if we can agree that as you sit here today under (7) protect people who would be exposed to asbestos from (8) oath having worked for this company for more than 30 (8) doing service work on International Harvester vehicles (9) years that you cannot tell me what department, what (9) in the field? (10) person or what position within International Harvester, (10) MR. OSTERTAG: Assumes facts not in evidence. (11) now known as Navistar, Inc., was responsible to protect (11) Lacks foundation. Calls for speculation. Compound. (12) people on a health and safety level from exposure to (12) A. The issue of responsibility is not -- there (13) asbestos. And the people I mean are owners of (13) are -- again, your question draws --1 can't get from A (14) International Harvester vehicles, users of International (14) to B based on the number of assumptions that you're (15) Harvester asbestos products, and people who would wc rk (15) including in your question. (16) maintaining those vehicles who are not International (16) Q. (By Ms. Farrise) And my question then, very (17) Harvester employees. Is that true? (17) simply, during the 30 years that you've worked at (18) MR. OSTERTAG: It's compound. It's overbroad. (18) Navistar, Inc., can you name a single department that (19) It's vague and ambiguous. It lacks foundation. It (19) had the responsibility to protect people who would be (20) assumes facts not in evidence. Misstates testimony. (20) exposed -- who would be servicing vehicles that (21) A. There are about 15 questions in your inquiry, (21) contained asbestos-containing components during that (22) and each of the questions kind of depends on another. I (22) time period? (23) can't answer -- I cannot respond to all of those series (23) MR. OSTERTAG: Assumes facts not in evidence. (24) of questions with a coherent answer. There are just too (24) Speculation. Foundation. (25) many elements that conflict, don't agree with each (25) A. I can't--cannot name a specific department Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 19 (Pages 73 to 76) 73 75 (1) because I'm not familiar with the organization of the (2) engineering products reliability areas of the company. (3) Q. (By Ms. Farrise) Since you are currently (4) employed by Navistar, who would be the individual who (5) would be knowledgeable about the engineering and product (6) reliability portions of Navistar today and going back (7) historically, if you know? (8) MR. OSTERTAG: Well, that calls for (9) speculation. Lacks foundation. Assumes facts. (10) A. The only person that I am aware of that may (11) fit that description would be James Shuman. (12) Q. (By Ms. Farrise) So you know Mr. Shuman, do (13) you? (14) A. I do know Mr. Shuman and I know of him. (15) Q. Uh-huh. And so you understand that Mr. Shuman (16) does not today work for Navistar, Inc., formerly known (17) as International Harvester, correct? (18) A. I believe he's retired. (19) Q. Do you understand that Mr. Shuman has not been (20) an employee of Navistar, Inc., formerly known as (21) International Harvester Company for some years? That's (22) your understanding, correct? (23) MR. OSTERTAG: Vague and ambiguous. (24) A. I do not know when Mr. Shuman retired. (25) Q. (By Ms. Farrise) You understand it was some Aiken Welch Court Reporters T. Slavin 10-07-10 (1 the head of that department today. Do you have any idea (2 of anyone who works in the engineering and product (3 reliability department at Navistar and International (4 Harvester today who has any part of their (5 responsibility -- well, strike that. (6 Do you know of anybody in the whole company (7 who works in engineering and product reliability today? (8 MR. OSTERTAG: It's overbroad. It's vague and (9 ambiguous. Not calculated to lead to the discovery of 10 admissible evidence. 11 A. Today who works in engineering and products 12 liability -- or product reliability, yes, there are 13 people that I do know of who work in the general area 14 for engineering and product reliability. 15 Q. (By Ms. Farrise) And do any of those people 16 work in the same building location that you work in in 17 Chicago? 18 A. No. 19 Q. Okay. Do they work in Warrenville, Illinois? 20 A. No. 21 Q. Where is that department today? 22 MR. OSTERTAG: Asked and answered. Go ahead. 23 A. Some of that activity would be in Melrose 24 Park, and some of that activity would be in Fort Wayne, 25 Indiana. Aiken Welch Court Reporters T. Slavin 10-07-10 74 76 (1) years ago, right? It wasn't yesterday? (1) Q. (By Ms. Farrise) Melrose Park, Illinois? (2) MR. OSTERTAG: Same objection. (2) A. That's correct. (3) A. It was more than one, I believe. (3) Q. And why would some of that activity be in (4) Q. (By Ms. Farrise) More than five, correct? (4 )Melrose Park, Illinois? What kind of operation does (5) A. I don't know that. (5) Navistar conduct at that location? (6) Q. And other than Mr. Shuman who is no longer (6 ) MR. OSTERTAG: That's a compound question. (7) employed by Navistar, Inc., Mr. Slavin, is there anyone (7) It's vague and ambiguous. Calls for speculation. Lacks (8) who you would identify who still works for Navistar, (8) foundation. (9) Inc., formerly known as International Harvester Compary (9) A. Navistar conducts engine engineering in that (10) today who could -- who you would think would have some (10) facility. (11) knowledge about International Harvester's work, if any, (11) Q. (By Ms. Farrise) Okay. And how about Fort (12) to protect people who were working on International (12 ) Wayne, Indiana? What kind of Navistar operation is (13) Harvester vehicles from exposure to asbestos? Anybody (13) conducted there? (14) within the company today? (14) A. Truck design and truck engineering. (15) A. I do not know of anyone still working for the (15) Q. Okay. And so do you know, sir, if there were (16) company that fits that description. (16) records of Navistar which exist today as to whether or (17) Q. Who's the head of engineeringand product (17) if at any time anybody did any survey to determine (18) reliability today? (18) whether people who were working on International (19) A. I'm not sure. (19) Harvester vehicles were being exposed to asbestos (20) Q. Where is that department located? (20) whether or not where those records would be today? (21) A. There are different divisionswithinthe (21) MR. OSTERTAG: Assumes facts. Lacks (22) company that have reliability -- that have that (22) foundation. Calls for speculation. (23) function. (23) A. Your question--I have a hard time following (24) Q. Do any of the divisions--strike that. (24) your questions. It's got a lot of elements to it. (25) You mentioned that you weren't sure who was (25) Q. (By Ms. Farrise) I'm going to strike the Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 20 (Pages 77 to 80) 77 79 (1) question. (1) A. The document does contain information about (2) (EXHIBIT NO. 5 MARKED.) (2) the hazards of asbestos as produced or published by (3) Q. (By Ms. Farrise) Let me show you what I've (3) NIOSH, the National Institute for Occupational Safety (4) marked as Plaintiff's Exhibit Number 5. Here's a copy (4) and Health. And so the document does represent a (5) of it for your counsel. (5) summary of information from NIOSH as it was known at (6) For the record, it's a December 29, 1975, (6) that time. (7) letter on the letterhead of Liberty Mutual with a (7) It does also contain some important (8) typewritten indication that it was prepared by a Mr. (8) qualifications of that information that indicates that (9) Rosslip, R-o-s-s-l-i-p, a loss prevention account (9) it provides information about preliminary assessments (10) representative, and a T.J. Slavin, industrial hygienist, (10) and that further research is ongoing. (11) to, quote, Ford Dealer Development Dealership (11) Q. (By Ms. Farrise) So can we agree then, Mr. (12) Presidents. Take a moment, Mr. Slavin, and familiarize (12) Slavin, that the document prepared by you and Mr. (13) yourself with what I have marked as Plaintiff's Exhibit (13) Rosslip and sent to various people in the Ford Dealer (14) Number 5. (14) Development Dealership Presidents network reflects (15) A. Okay. (15) information that you had available to you, and that you (16) Q. Have you had a chance to review Exhibit Number (16) understood to be the state of information regarding (17) 5? (17) exposures to asbestos dust to people who were doing (18) A. Yes, I have. (18) repair work on automotive products containing asbestos (19) Q. Okay. Exhibit Number 5, further for the (19) at that time? (20) record, is a document produced by Ford Motor Company (20) MR. OSTERTAG: It's argumentative. It's (21) that bears the Bates stamp of FAFD007110 through th (21) overbroad. It's vague and ambiguous. (22) same series ending in 7111 found in the files of Ford (22) A. This document would summarize the information (23) Motor Company. (23) that was available or was understood at that time, I (24) Mr. Slavin, does Exhibit Number 5 appear to (24) think it's reasonable to say. (25) you to be consistent with the type of document that yoi (25) Q. (By Ms. Farrise) And I think, sir, that we Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 78 80 (1) prepared in your position with the Liberty Mutual (1) can probably agree based on the testimony that you just (2 ) Insurance Company as you were -- let me just stop there. (2) gave that the information that was available, as (3) MR. OSTERTAG: Objection. It's vague and (3) indicated in Exhibit Number 5, is information that you (4) ambiguous. Lacks foundation. (4) received from government agencies and other sort of more (5) A. Yes. This appears to be a document that I (5) publicly-available information sources, correct? (6) had -- that I participated in developing. (6) MR. OSTERTAG: Objection-- (7) Q. (By Ms. Farrise) Okay. And we agree, sir, (7) Q. (By Ms. Farrise) NIOSH and, perhaps, others. (8) that Exhibit Number 5 is a document that indicates T. J. (8) MR. OSTERTAG: Objection. It's vague and (9) Slavin, industrial hygienist, is one of the people (9) ambiguous. It's overbroad. Misstates the document. (10) sending -- who has prepared and is transmitting this (10) A. The information that is contained in here (11) document to a variety of recipients categorized as the (11) is -- I think reflects the practice which is to be (12) Ford Dealer Development Dealership Presidents. (12) proactive, if you will, and alert clients of Liberty (13) MR. OSTERTAG: Assumes facts. Vague and (13) Mutual of potential informations and precautions that is (14) ambiguous. Speculation. (14) advisable to take. I hesitate to draw certain (15) A. This would appear to be a document that I (15) conclusions from the -- from the document that clearly (16) participated in developing. (16) indicates that there's still some unsettled issues and (17) Q. (By Ms. Farrise) Can we agree, sir, that the (17) questions being researched. (18) document Exhibit 5 and the information contained within (18) Q. (By Ms. Farrise) The information, for (19) Exhibit 5 reflects the information that you had by (19) instance first paragraph, in this document, which has as (20) December 29, 1975, regarding the hazards of exposure to (20) its heading and underlined Exposure to Asbestos Dust, (21) asbestos dust from doing repair work on automotive (21) quote, brake linings, comma, pads and clutch assemblies (22) products containing asbestos and ways to prevent that (22) are made of asbestos which has long been recognized as a (23) exposure? (23) material producing a hazard to the health of those who (24) MR. OSTERTAG: Argumentative. Misstates the (24) inhale its dust in excessive amounts over a long period (25) document. (25) of time. During the last few years, however, attention Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 21 (Pages 81 to 84) 81 83 (1) has been focused on the development of cancer of the (1) that cited four cases and that that was a cause for (2) lung and other body areas following exposure to asbestos (2) concern at that time. (3) dust. That was information that was available from (3) Q. (By Ms. Farrise) You also in your Exhibit 5, (4) public sources that you had available to you and you (4) you and your -- Mr. Rosslip, report to Ford Dealer (5) were passing on to Liberty Mutual customers by 1975, (5) Development Presidents that the full extent of (6) correct? (6) asbestos-related disease in brake servicing personnel is (7) MR. OSTERTAG: Vague and ambiguous. (7) not known because this group has never been (8) MS. CINCO: Objection. Lacks foundation. (8) systematically studied, correct? That's what he's (9) A. There are several elements to your question. (9) passed on. (10) The reading of the first sentence, it is fair to say (10) A. That's what the letter says. That's correct. (11) that asbestos was long recognized as a material (11) Q. You also pass on to Ford Dealer Development (12) producing hazards to health to those who inhaled its (12) Dealership Presidents, quote, Excessive dust (13) dust. That is not necessarily true in the--let's say (13) concentrations measured at operations such as blow-out (14) the automotive or brake work. You know, there are (14) of automobile drum brake assemblies, grinding of used (15) asbestos workers in mines. (15) truck brake linings, bevelling of new truck brake (16) And so asbestos had been known to produce (16) linings and arcing of new auto brake linings, together (17) asbestos. So it's fair to say asbestos was known to be (17) with mesothelial tumors in persons so employed, affirms (18) recognized as a material producing hazard to the health (18) the necessity for effectively controlling the exposure. (19) of those who inhaled its dust in excessive amounts over (19) First of all, did I read correctly from Exhibit Number 5 (20) a long period of time. That's certainly an accurate (20) what you and Mr. Rosslip wrote? (21) statement. (21) A. I believe you read this memorandum correctly. (22) The second statement that attention has been (22) Q. And that is information, as I've just read it, (23) focused on the development of cancer of the lung and (23) that you and Mr. Rosslip was passing along -- you as an (24) other body areas following the exposure to asbestos dust (24) industrial hygienist at Liberty Mutual was passing on to (25) is also a fair statement. There were questions, (25) Ford Dealer Development Dealership Presidents at or Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 82 84 (1) inquiries. There were -- it was a source of interest (1) about December 29, 1975, correct? (2) in question. Similar to today we have a question about (2) MR. OSTERTAG: Objection. Assumes facts. (3) cell phones. And there are studies that show that there (3) Lacks foundation. (4) may be an issue, and certainly there is a lot of (4) MS. CINCO: Join. Cinco. Lacks foundation. (5) interest in cell phone exposure. (5) MR. MILANFAR: Milanfar. Join. (6) Similarly, there are at this time research (6) MS. BUTY: Buty. Join. (7) that indicates there's a question and that as a result (7) MR. EPSTEIN: Epsteinjoins. (8) of that research, and out of interest in being (8) A. Would you repeat the question? (9) protect -- protective and proactive, that we're trying (9) Q. (By Ms. Farrise) Sure. The question is, as I (10) to alert customers that there is a question that there (10) have just read that, that information is information (11) is an issue out there that they should be aware of. (11) that you as an industrial hygienist at Liberty Mutual (12) Q. (By Ms. Farrise) In Exhibit 5, sir, can we (12) was passing on or communicating to Ford Dealer (13) agree that you in your capacity as an industrial (13) Development Dealership Presidents at that time, correct? (14) hygienist at Liberty Mutual are passing on to the (14) A. It's - (15) customers at Liberty Mutual, in this case the Ford (15) MR. OSTERTAG: Argumentative.Misstates the (16) Dealer Development Dealership Presidents, that NIOSH had (16) document. Go ahead. (17) cited four cases of a rare mesothelial tumor in persons (17) A. This -- that language is contained in this (18) who were employed in jobs involving brake servicing? (18) document, yes. (19) That's the information that you passed on to those Ford (19) Q. (By Ms. Farrise) And the language is language (20) Dealer Development Dealership Presidents, correct? (20) that you approved, if you will, in a letter that is (21) MS. CINCO: Cinco. Lacks foundation. (21) signed by you and Mr. Rosslip, correct? (22) A. The NIOSH report, which is -- which I believe (22) A. That's correct. I would have participated in (23) is -- you know, at that time can cite those cases. I'm (23) the development of this language. (24) not familiar with that report at this point, but that (24) Q. Can we agree, Mr. Slavin, that during the (25) would be my reading of this, that there was a report (25) entire time that you have been employed by Navistar Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 22 (Pages 85 to 88) 85 87 (1) formerly known as International Harvester, Inc., you are (1) provided, passed on, disseminated, whatever. So if you (2) not aware of that company ever communicating to people (2 ) limit it to my personal experience and limit it to the (3) who would do repair work on automotive brakes performing (3) 30 years where I've been with International Harvester (4) operations such as blow-out of automobile drum brake (4 ) and Navistar, if you limit it to that very narrow (5) assemblies, grinding of truck brake linings, that that (5) sphere, then the answer may be that I'm not aware of (6) activity needed to be, quote, effectively controlled for (6) personally doing that. If you asked if the company did (7) asbestos exposure, end quote. Correct? (7) that, that's a different question. My understanding is (8) MR. OSTERTAG: It's compound. Vague and (8) that the company did provide information along that (9) ambiguous. Overbroad. Go ahead. (9) line. (10) A. That's a long question. I need to hear that (10) MS. FARRISE: Thankyou. We need to go off (11) again. I have a hard time following the multi -- I (11) the record. (12) have-- (12) VIDEOGRAPHER: This marks the end of Media (13) Q. (By Ms. Farrise) Sure. Let me ask a (13) Number 1. We are off the record at 11:42. (14) different question. Sir, can we agree that the (14) (Recess taken at 11:42.) (15) information that control of exposure to asbestos was (15) VIDEOGRAPHER: We're back on the record. This (16) necessary when brake service work was done on (16) is the beginning of Media Number 2, video-recorded (17) International Harvester vehicles is not information that (17) deposition of Tom Slavin. The time is 11:51 a.m. (18) you are aware that International Harvester communicated 18) Q. (By Ms. Farrise) Mr. Slavin, do you feel well (19) to any people who would be doing repair work on 19) enough to continue, or is there any reason that you (20) International Harvester vehicles where the brake work - 20) cannot give your best testimony right now? (21) where the brakes were asbestos containing? (21) A. I'm prepared to continue for the moment, yes. (22) MR. OSTERTAG: Compound. Argumentative. (22) Q. Okay. Before we changed tapes, we were (23) Foundation. Speculation. (23) talking about Exhibit Number 5. And you referred to a (24) MR. EPSTEIN: Join. Epstein. (24) NIOSH publication that is also referenced in Exhibit 5. (25) A. I'm having a very difficult time following (25) It's the August 8, 1975, NIOSH letter. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 86 88 (1 some of these questions. They're -- there is a (1) (EXHIBIT NO. 6 MARKED.) (2 multitrail here, and I think I have some issues with - (2) Q. (By Ms. Farrise) Let me hand you what I have (3 there's some linkages that don't work in there, and so I (3 ) marked as Plaintiff's Exhibit Number 6. (4 can't really get to the end of the question and give you (4) THE WITNESS: Do you want to look at it? (5 a yes-or-no answer because of all of those pieces that (5) MR. OSTERTAG: It--1 wrote on-- (6 don't always end together. (6) THE WITNESS: Oh, I'm sorry. (7 MS. FARRISE: Let me try a simpler one. (7) Q. (By Ms. Farrise) And ask you to take a look (8 VIDEOGRAPHER: I need to change my tapes. (8) at and review Exhibit Number 6. (9 Q. (By Ms. Farrise) In the 30-plus years that (9) MR. OSTERTAG: Is that the only copy? (10 you have worked at International Harvester, to your (10) MS. FARRISE: Well, that's the only copy I (11 knowledge, has International Harvester ever warned (11) have to offer. I have my own. (12 anyone who was doing brake repair work on an (12) MR. OSTERTAG: I'mjust trying to find where (13 International Harvester vehicle that they should be (13) it was, trying not to lose track here. (14 concerned about exposure to asbestos? (14) MS. FARRISE: And for the record, Exhibit (15 MR. OSTERTAG: Objection. Argumentative. (15) Number 6 was a document produced by the Ford Motor (16 Q. (By Ms. Farrise) Have you ever seen that? (16) Company. It bears a Bates number FAFD0006365 and 6366. (17 MR. OSTERTAG: Object. Speculation. (17) It is a letter on the letterhead of the Department of (18 Foundation. Argumentative. (18) Health, Education and Welfare, Public Health Service, (19 A. You're asking in the 30 years that I have been (19) Center For Disease Control, dated August 8, 1975, and (20 with -- (20) signed by J. William Lloyd, comma, Sc.D., Director, (21 Q. (By Ms. Farrise) (Nods head up and down). (21) Office of Occupational Health Surveillance and (22 A. My understanding is that I have not directly (22) Biometrics. And it's addressed to Dear Colleague. (23 seen that -- I won't say warning, but my understandin g (23) (24 is that there is information that there was information (24) (Witness and counsel confer.) A. Okay -- oh, sorry. (25 In fact, there was information that was -- that was (25) Q. (By Ms. Farrise) Mr. Slavin, having reviewed Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 23 (Pages 89 to 92) 89 91 (1) now Exhibit Number 6, the August 8, 1975, letter from (1) servicing, correct? Second paragraph of your letter, (2) the Department of Health, Education and Welfare and also (2) which is Exhibit 5. (3) National Institute for Occupational Safety and Health, (3) A. My Exhibit 5 appears to summarize information (4) can you tell me whether or not this is the information (4) in NIOSH Exhibit 6. (5) that your letter, which is Exhibit Number 5, refers to (5) Q. (By Ms. Farrise) Can we agree then, Mr. (6) in the second paragraph where it refers to the August 8, (6) Slavin, that the information that you were communicating (7) 1975, letter? (7) on to the Ford Dealer Development Dealership Presidents (8) MR. OSTERTAG: If you know. (8) was information that was more widely available and known (9) A. There would appear to be a connection. And (9) from NIOSH? It wasn't, for instance, confined within-- (10) whether--and certainly the information in here is very ( 10) internal within Liberty Mutual, correct? (11) similar to what's in -- the information in Exhibit 5 is ( 11) MR. OSTERTAG: That calls for speculation. (12) very similar to what's in Exhibit 6. What I can't tell ( 12) Lacks foundation. Argumentative. (13) you is whether it was direct or whether it was conveyed ( 13) A. I think you're overstating -- I'm not sure (14) through Liberty Mutual people in Hopkinton that might ( 14) that the information was known to NIOSH. I mean, it's (15) have passed that information on. So I don't know ( 15) the information that NIOSH was putting together based on (16) whether there was a secondary document in between here, ( 16) preliminary information. So to characterize it as known (17) but it does seem to be closely related. ( 17) by either myself or by NIOSH I think may be pushing just (18) Q. (By Ms. Farrise) Okay. Can I--let me ( 18) a little bit beyond what the data says. (19) direct you to the last paragraph of Exhibit 6. It ( 19) Q. (By Ms. Farrise) Well, you were communicating (20) indicates -- first I'm going to read it. Quote: The ( 20) the information in Exhibit 5 on to other people outside (21) full extent of asbestos-related disease in brake ( 21) of Liberty Mutual by 1975, correct? (22) servicing personnel is not known at present because this ( 22) A. I was communicating the information, yes, that (23) particular occupational group has not been studied ( 23) NIOSH -- contained in Exhibit 6, I was communicating (24) systematically up to now, period. Do you see where I'm ( 24) that to other people. And, again, I have to state I'm (25) reading? ( 25) not sure whether I was communicating directly from this Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 90 (1) A. Yes, I do. (2) Q. I read that correctly, right? (3) A. Yes, you read that. (4) Q. Okay. And that is substantially the same (5) information that you communicate on to Ford Dealer (6) Development Dealership Presidents in your December 29, (7) 1975, letter which we have labeled as Exhibit 5, (8) correct? (9) (10) A. It appears to be substantially the same, yes. Q. Going back to Exhibit 6, it states, quote: (11) However, a review of the scientific literature on the (12) association between asbestos exposure and mesothelial (13) tumors of the pleura and peritoneum has revealed at (14) least four cases of these rare tumors in persons who (15) were employed in jobs involving automobile brake (16) servicing. And then there are references 4 to 6. First (17) of all, did I read that correctly? (18) A. Yes, you read from Exhibit 6 correctly. (19) MR. OSTERTAG: I wouldjust object that the (20) document is incomplete. (21) (22) (23) (24) Q. (By Ms. Farrise) And Exhibit Number 5, which is your letter to Ford Dealer Development Dealership Presidents, relays substantially that same information that four cases of the rare tumor mesothelioma had been (25) noted in people who were doing automobile brake Aiken Welch Court Reporters T. Slavin 10-07-10 92 (1) document or through an intermediate document that (2) Liberty Mutual may have sent out to its people. (3) Q. And, Mr. Slavin, in your capacity as an (4) industrial hygienist at Liberty Mutual in December of (5) 1975, you were also communicating to Ford Dealer (6) Development Dealership Presidents, clients of Liberty (7) Mutual, ways that exposure to asbestos from brake (8) servicing operations could be prevented, correct? (9) A. I was communicating methods to reduce the 10) exposure -- the potential exposure during those 11) operations, yes. (12) Q. And what you were communicating specifically (13) in that regard by December of 1975 as an industrial (14) hygienist at Liberty Mutual to its clients, including 15) Ford Dealer Development Dealership Presidents, was that 16) exposure could be reduced by wearing a respirator, using 17) a vacuum, avoiding grinding operations, cleaning areas 18) with a HEPA industrial vacuum cleaner where those 19) operations occurred, and minimizing clothing 20) contamination that could result from that work. 21) Correct? 22) MR. OSTERTAG: Objection. Overbroad. 23) Foundation. Compound. Argumentative. (24) MR. EPSTEIN: Join. Also misstates. 25) A. I think we need to go over those -- again, Aiken Welch Court Reporters T. Slavin 10-07-10 24 (Pages 93 to 96) 93 95 (1) it's a long - (2) MS. FARRISE: Why don't I ask the court (3) reporter to read it back? (4) (Requested material was read back.) (5) MR. OSTERTAG: Same objections. It does (6) misstate. (7) THE WITNESS: Okay. I'm going to ask you to (1) Q. Okay. When did you first become familiar with (2) the existence in any way of Dr. Irving Selikoff? (3) A. Well, I believe it's covered in the NIOSH (4) document. Whether that was the first I was aware of Dr. (5) Selikoff or not, I'm not certain. (6) Q. Are you familiar with a gentleman who at one (7) time worked for Navistar/International Harvester Company (8) read that again, but I want to look at this first. (9) MS. FARRISE: Okay. Sure. Take your time. (8) as an employee and later as a consultant named Edward (9) Alpaugh? (10) (Requested material was read back.) (10) MR. OSTERTAG: I'm going to object to the (11) MR. OSTERTAG: It's compound. Vague and (12) ambiguous. Overbroad. (13) A. Yeah, the document states that those practices (11) (12) (13) question. Assumes facts not in evidence with regard to consulting. Q. (By Ms. Farrise) Did you know Mr. Alpaugh who (14) that are contained in that question were recommended (14) worked for International Harvester Company? (15) practices for improving control. (15) A. It's not Edward. (16) Q. (By Ms. Farrise) Those practices -- wearing a (16) Q. Edwin? (17) respirator, using a vacuum, cleaning with a HEPA vacuum (17) A. Edwin. (18) and avoiding clothing contamination -- those are and (18) Q. I've seen it referred to in two ways. So (19) were by 1975 basic industrial hygiene practices to (20) reduce exposures to hazardous substances, including (19) (20) Edwin Alpaugh. When did you first meet Mr. Edwin Alpaugh? (21) asbestos, correct? (22) MR. OSTERTAG: Vague and ambiguous. (23) Argumentative. Overbroad. (24) A. I wouldn't want to overstate. Those are (21) (22) (23) (24) A. It would have been in about 1977 after joining NVMA. Q. And what was your understanding of Mr. Alpaugh's position with International Harvester in 1977 (25) methods of reducing exposure. Whether those methods a -e (25) when you joined the company? Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 94 96 (1) necessary or not depends on what the exposure is. And (1 A. My understanding was that he was the manager (2) in this case, we're making recommendations for those (2 of industrial hygiene. (3) methods without knowing fully what the exposure actua ly (3 Q. And did you work under his supervision? (4) is or whether those methods are, in fact, necessary or (4 A. After I joined International Harvester in, I (5) not. (5 think, '79, I did work under his supervision. (6) Q. (By Ms. Farrise) Sir, have you ever seen any (6 Q. Okay. For how long? (7) information from International Harvester that was meant (7 A. About three or four years. (8) for people who were doing automotive or vehicle repair (8 Q. Where -- what location did you work out of? (9) to International Harvester vehicles that indicated that (9 A. Out of the Chicago office. (10) they might wear a respirator, use a HEPA vacuum, avoid 10 Q. The same office that you work in today? (11) clothing contamination and undertake other methods to 11 A. No. (12) (13) reduce exposures to asbestos? A. I may have--I don't want to speculate 12 Q. Okay. 13 A. That -- it was the -- at that time the world (14) necessarily. I don't recall seeing a specific document 14 headquarters office was 401 North Michigan, and that was (15) with all of those elements in it. 15 the location where I worked with Mr. Alpaugh. (16) Q. Okay. Do you recall seeing a document with 16 Q. So in 1977 when you started with the company (17) any of those elements in it going out to any persons who 17 you worked under Mr. Alpaugh, A-l-p-a-u-g-h, who was the (18) would be repairing International Harvester vehicles in 18 manager of industrial hygiene. And the two of you had (19) doing automotive brake, clutch or engine repair? 19 your primary offices at International Harvester (20) A. I do recall some communication on that topic. 20 Company's corporate office in downtown Chicago, correct? (21) I don't remember when the document was, whether it was 21 A. In--you said 1977. (22) before or after I joined the company. 22 Q. Yes. (23) Q. Mr. Slavin, do you know who Dr. Selikoff is? 23 A. 1979. (24) A. I don't know Dr. Selikoff personally, but I do 24 Q. Oh, 1979. I'm sorry. With that correction is (25) know in general terms who he is. 25 that correct? Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 25 (Pages 97 to 100) 97 99 (1) A. Yes. (1) any industrial hygiene surveys for Navistar formerly (2) Q. Okay. At that time was the medical (2) known as International Harvester, like what time frame (3) department -- in 1979 when you started with the company, (3) are we talking about? (4) was the medical department of International Harvester (4) MR. OSTERTAG: Speculation. Lacks foundation. (5) Company also located at the world headquarters of (5) A. I can't be precise, but I think it's around (6) International Harvester in downtown Chicago? (6) the 1990 time frame. (7) MR. OSTERTAG: Vague and ambiguous. Assume: (7) Q. (By Ms. Farrise) And the industrial--did (8) facts. (8) you do industrial hygiene surveys of Navistar formerly (9) A. I believe it was. (9) known as International Harvester Company's facilities (10) Q. (By Ms. Farrise) And when you started with (10) when you started with the company? (11) the company in 1979, was the medical department -- did (11) A. Yes, I did. (12) the medical department have oversight over the (12) Q. Okay. And did you prepare reports of your (13) industrial hygiene department at the corporate (13) findings of your industrial hygiene surveys that you (14) headquarters in Chicago? (14) conducted while you've been employed with the company? (15) A. No - (15) A. Yes, I would have. (16) MR. OSTERTAG: Vague and ambiguous. Go ahead (16) Q. And where would you have submitted your report (17) and answer. Sorry. (17) from the industrial hygiene surveys that you conducted? (18) A. No, it did not. (18) Where would they -- who would they have been submitted (19) Q. (By Ms. Farrise) Okay. Who was head of the (19) to and where would they have been kept? (20) corporate medical department in downtown Chicago in 1979 (2 0) MR. OSTERTAG: Vague and ambiguous. (21) when you started working there? (21) Overbroad. (22) A. I'm not sure who was the head of the (22) A. Typically they would be submitted to the plant (23) department in 1979. (23) manager, the operation manager for the facility where we (24) Q. Okay. Who do you believe it was? (24) did the industrial hygiene work. (25) MR. OSTERTAG: Well, speculation. (25) Q. (By Ms. Farrise) Mr. Slavin, would your Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 98 100 (1) A. I believe it's Dr. Paul Eggum. (1) industrial hygiene survey have also -- a copy of it have (2) Q. (By Ms. Farrise) Okay. And that's E-g-g-u-m? (2) also been kept in the corporate industrial hygiene (3) A. That is correct. (3) department that Mr. Alpaugh was the manager of when you (4) Q. Okay. And at some point Mr. Edwin Alpaugh, I (4) started the company, in addition to the files at the (5) guess, retired from Navistar, correct? (5) plant? (6) A. That is correct. (6) A. Yes, they would. (7) Q. Okay. And do you have an understanding that (7) Q. And starting in 1979, who or what department (8) after his formal retirement from Navistar that Mr. (8) within Navistar -- I guess it was International (9) Alpaugh continued to provide industrial hygiene services (9) Harvester Company then -- maintained the industrial (10) to Navistar formerly known as International Harvester, (10) hygiene surveys from Navistar facilities that you and (11) including undertaking asbestos surveys? 11) perhaps Mr. Alpaugh conducted? (12) MR. OSTERTAG: I'm sorry. I missed something (12) MR. OSTERTAG: Vague and ambiguous. Assumes (13) Can you read it back? I apologize. (13) facts. (14) (Requested material was read back.) (14) A. Could you repeat the question, please? (15) Q. (By Ms. Farrise) Do you have an understanding (15) Q. (By Ms. Farrise) Sure. Whoorwhat (16) that after Mr. Alpaugh, who was employed as the 16) department within the company maintained the copy, other (17) industrial hygienist of Navistar formerly known as 17) than on a plant level, of the industrial hygiene surveys (18) International Harvester, retired he continued to do 18) that industrial hygienists like yourself and Mr. Alpaugh (19) industrial hygiene work as a consultant, including 19) conducted of the company's facilities? (20) undertaking asbestos surveys? 20) A. It would have been my department. (21) MR. OSTERTAG: That's vague and ambiguous. 21) Q. Okay. Your current department? (22) Lacks foundation. Calls for the witness to speculate 22) A. The department that I was in -- which although (23) A. Yes, that is my understanding. (23) the name has changed -- is my current department, yes. (24) Q. (By Ms. Farrise) And do you -- can you tell (24) Q. And who within your current department today (25) me or estimate for me when Mr. Alpaugh last conducted 25) is responsible to maintain industrial hygiene surveys Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 26 (Pages 101 to 104) 101 103 (1 that have and had been conducted of Navistar facilities? (1) that? (2 A. The industrial hygiene surveys that would have (2) MR. OSTERTAG: Vague and ambiguous. Assumes (3 been conducted by my department and myself would be (3) facts. (4 maintained by myself or by -- under -- in some cases, (4) A. Responsible for the system of records or (5 they are maintained off-site for record storage reasons, (5) responsible for the boxes? (6 but they would be essentially maintained by me. (6) Q. (By Ms. Farrise) Both. Let's start with the (7 Q. Okay. And how are the industrial hygiene (7) system of records. (8 surveys which have been conducted at Navistar facilities (8) A. There's - (9 maintained by you? File cabinets? Electronically? (9) MR. OSTERTAG: Calls for speculation. Lacks (10 What? 10) foundation. (11 A. In many cases in boxes in a storage - 11) A. I'm not sure who it is in the corporation that (12 off-site storage facility, like many corporate records, (12) develops, monitors, revises the system. (13 to save space at a premium -- where space is premium in (13) Q. (By Ms. Farrise) Do you know which department (14 some of our offices, those records are stored off-site (14) it is that develops, monitors and changes the system? (15 if they're not used continuously. 15) A. No, I do not know that either. (16 Q. Are the records that are stored off-site 16) Q. Is there an information department or records (17 including industrial hygiene surveys sent to some other (17) management department within Navistar Corporation? (18 department within Navistar for, for instance, indexing (18) MR. OSTERTAG: Speculation. Foundation. (19 or cataloguing in some way so that if you need those 19) A. I understand there are people in records (20 documents back, someone would have an idea of where 20) management. I'm not sure what department they report to (21 they've been stored? 21) or what their function is in terms of arranging for (22 MR. OSTERTAG: Vague and ambiguous. 22) other areas. (23 A. Ah - 23) Q. (By Ms. Farrise) Okay. And within your (24 MR. OSTERTAG: Speculation. (24) department, the second part, not the corporation as a (25 A. There is a system to maintain those records. 25) whole, how are the boxes maintained, catalogued or Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 102 104 (1) They do not -- they are not sent to another department, (1) otherwise tracked for the ones that have been sent off (2) no. (2) storage -- off-site for storage? (3) Q. (By Ms. Farrise) Okay. You could send them (3) A. I maintain those. (4) directly to service -- I mean, to storage -- to off-site (4) Q. Is that a list? (5) storage? (6) A. That is correct. (5) A. I'm not entirely certain. I think there is a (6) list. I think it's -- I think there's an electronic (7) Q. And who makes the determination as to which (7) list. (8) records remain on-site in your department, and which (8) Q. Uh-huh. (9) records are sent off-site for long-term storage? (9) A. I think I've created a -- you know, a list (10) A. Of the records I'm speaking of, I would. (10) of -- for my own use which the electronic system may (11) Q. Okay. And is there a list or some sort of (11) have been evolved, I'd say. So--but I do have a (12) index of records which have been created over the years (12) number of, say, a list of numbers. (13) but sent for storage purposes to some off-site storage (13) Q. Okay. You have a list of box numbers that you (14) location other than your department? (14) maintain at your office in Chicago. Is that what you're (15) A. There is a list of boxes. (15) saying? (16) Q. Okay. And how is that list maintained? Is it (16) A. I don't maintain that at my office. I (17) maintained electronically? Is it searchable? (17) maintain them off-site. (18) A. I believe it is now maintained electronically. (18) Q. The box list for the boxes that are off-site, (19) (20) Q. Okay. And who is responsible for the (19) electronic maintenance of the list of boxes of documents (20) the list and the boxes are off-site? Is that what you're saying? (21) that have come from your department that are now housed (21) A. The list I maintain in my office. (22) off-site? (22) Q. Right. I was just focusing on the list. So (23) A. I'm notsure I understand the question. (23) you have at your office in Chicago a list of the boxes (24) Q. Is it a person? Is it a department? Is it a (24) which were created in your department, industrial (25) secretary within your group? Who is responsible for (25) hygiene, and at some point taken off-site for off-site Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 27 (Pages 105 to 108) 105 107 (1) storage; is that correct? (1) information part of the information which is indicated (2) A. That's correct. (2) in the documents which are kept off-site in boxes, to (3) Q. Okay. And how detailed is the description of (3) your knowledge? (4) the boxes on your list? (4) MR. OSTERTAG: Let me object to the question. (5) A. Not as detailed as I would like it in the (5 Lacks foundation. Calls for speculation. The preface (6) sense that some of those boxes contain magazines, some (6 assumes facts not in evidence. It's vague and (7) are references. And it doesn't say which references. (7 ambiguous. (8) And some -- an example may be a box that says plant (9) files, and would have information about plants, but (8 A. That information might be inferred from the (9 documents that were contained in those files. (10) would not necessarily say which plants were there. (10) Q. (By Ms. Farrise) And to resolve Mr. (11) Q. Okay. And have you been asked or, to your (11) Ostertag's concern, the Memphis, Tennessee, plant was a (12) knowledge, has anyone been asked to conduct a search of (12) parts distribution center for International Harvester (13) the off-site boxes to determine whether or not there's (13) Company, correct? (14) information in those boxes about industrial hygiene (14) MR. OSTERTAG: Vague and ambiguous. (15) surveys at International Harvester Company plants for (15) Q. (By Ms. Farrise) When it was operational. (16) the presence or not of asbestos? (16) A. No, that's not correct. (17) A. Yes. (17) (EXHIBIT NO. 8 MARKED.) (18) Q. Okay. And when, can you recall, such an (18) Q. (By Ms. Farrise) Okay. Let me ask you then (19) inquiry being made of you or someone who you know to (20) have had that inquiry made of them? (21) A. It's been a number of years -- four or five, (22) six, seven years -- since that inquiry. (23) Q. How many pages is the list of boxes that you (24) maintain at your office in Chicago? (25) A. I don't think all of them are on -- I don't (19) to take a look at what I've marked as Plaintiff's (20 Exhibit 8. (21 Exhibit 8, for the record, is Defendant (22) Navistar, Inc.'s, Responses to Plaintiff's Premises (23) Interrogatories in the matter of In Re: Asbestos (24) Litigation, Marsha Gross versus American Crane & (25 Equipment Corporation in the State -- Superior Court of Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 106 108 (1) think the entire list is on necessarily one piece of (1) the State of Delaware in and for New Castle County (2) paper. So there may be three or four pieces of paper (2 ) lodged by Navistar on August 12, 2010, according to the (3) that contain the universe of boxes that I maintain. (3 ) LexisNexis transmission receipt. (4) Q. Okay. And the boxes, we've talked about them, (4) So take a moment and familiarize yourself, (5) containing industrial hygiene surveys, you've also (5) although I'm going to direct you to a couple of things. (6) mentioned that there's vaguely described plants of (6 ) And further as a description for the record, (7) documents. (7) these are interrogatory responses signed by Counsel on (8) Can you tell me what other kinds of documents (8) August 12, 2010. And they are verified, I believe-- (9) are included in the boxes that are now kept off-site (9) there is a verification somewhere. (10) which were part of the documents of the industrial (10) MR. OSTERTAG: Can Ijust take a look at that? (11) (12) hygiene department of International Harvester Compan;y? (11) A. There would be some OSHA records. We've ha d (12) How many pages are here? Sorry. Okay. MS. FARRISE: And actually, while you're at (13) OSHA citations where we've had court cases, let's say, (13) it, why don't I mark-- (14) in some of those proceedings. There would be (14 ) MR. OSTERTAG: For the record, I don't see a (15) correspondence. There would be some files that were (15) verification. (16) general information files. And as I said, there would (16) MS. FARRISE: Okay. Let me mark for the (17) be specific plant and operation files. (17) record as Plaintiff's Exhibit Number 9 Defendant (18) Q. Okay. Mr. Slavin, based on your work and (18) Navistar, Inc.'s, Responses to Plaintiff's Premises (19) based on these files which you now directly or (19) Requests To Produce in the Superior Court of the State (20) indirectly maintain, is there information which (20) of Delaware in and for New Castle County, In Re: (21) indicates what the function was of the various (21) Asbestos Litigation, indicates as Marsha Gross, (22) Navistar/International Harvester Company plants? For (22) G-r-o-s-s, versus American Crane & Equipment Company, (23) instance, the Memphis, Tennessee, parts distribution (23) with a signature of August 12, 2010, by the lawyer of (24) center dealt with parts, but some other facility (24 ) Navistar and with verifications which are notarized, (25) assembled, you know, medium-duty trucks. Is that (25) prepared by Bruce J. Patterson and also signed on August Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 28 (Pages 109 to 112) 109 111 (1) 11,2010. So here's Exhibit Number 9, which is the (1) of what the operation was in the Memphis, Tennessee, (2 ) request for production of documents and attached (2) International Harvester Company operation? (3 ) documents which are being produced. (3) A. I want to make sure that I answered the (4 ) MR. OSTERTAG: Well, for the record, let me (4) previous question correctly. (5) just say that the verification here of Exhibit 9 doesn't (5) Q. Okay. What-- (6 ) appear to reference what it's verifying, but I'lljust (6) MR. OSTERTAG: What do you want to do? Go (7) note that for the record. I'm not sure what you want (7) back to the previous question? (8) the witness to do, but - (8) THE WITNESS: Right, before - (9) (EXHIBIT NO. 9 MARKED.) (9) MR. OSTERTAG: Can wejust do that real (10) Q. (By Ms. Farrise) Okay. Mr. Slavin, I will (10) quickly? The question and the answer before the (11) refer you to, first of all, the interrogatories, Exhibit (11) question - (12) Number 8. If you will turn to Navistar's answer to (12) A. I think I answered it correctly, but I want to (13 ) interrogatory number 14, which is on page 12 of Exhibit (13) make sure. (14 ) Number 8, I'm going to have a couple of questions for (14) (Requested material was read back.) (15) you. (15) Q. (By Ms. Farrise) Mr. Slavin, I'm happy to (16) MR. OSTERTAG: Did you read it? (16) just ask you a new question which hopefully clarifies (17) THE WITNESS: Yeah, I'm not there yet. (17) that question. (18) MR. OSTERTAG: Okay. (18) MS. FARRISE: Would that work? Wasthathis (19) VIDEOGRAPHER: Are all of the cell phones off? (19) understanding, even if it's inconsistent with the other (20) I'm getting a little feedback. (20) question. (21) MR. OSTERTAG: Sorry. (21) Q. (By Ms. Farrise) My question was--I can (22) VIDEOGRAPHER: Thanks. (22) tell you what it was. Did you have an understanding (23) MR. OSTERTAG: Diane, can you tell me what we s (23) that the Memphis, Tennessee, facility was a parts (24) the last question? (24) distribution center? (25) MS. FARRISE: It was turn to the answer to (25) A. Oh. And the answer to that is no. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 110 112 (1) question number 14. (1 Q. Okay. What was your understanding of what (2) THE REPORTER: Page 12 of Exhibit Number 8. (2 kind of operation occurred at the Memphis, Tennessee, (3) MR. OSTERTAG: Thank you. Have you read it? (3 Navistar formerly known as International Harvester (4) You need to. (4 facility? (5) Q. (By Ms. Farrise) I'm sorry, sir. Are you (5 A. There were three facilities. (6) pointing to something on page 22? (6 Q. Okay. There were three Memphis, Tennessee, (7) A. Yes. There's a reference to materials (7 locations, correct? (8) attached hereto and incorporated herein, and the ( A. Correct, at least three. (9) reference I'm not sure -- ( Q. At least three. One of which was a foundry; (10) Q. We're going to get to that. Right now I want (10 is that right? (11) you to turn to page 12 and Navistar's answer to (11 A. That's correct. (12) interrogatory number 14, and then we're going to talk (12 Q. One of which was a parts distribution center, (13) about the documents that were attached to the request (13 correct? (14) for production of documents. (14 A. Correct. (15) A. Okay. Before we get to that, I want to make (15 Q. And what was the third, if you can recall? (16) sure I answered the previous question correctly. So (16 A. A combine plant. (17) could you repeat the previous question? (17 Q. A combine plant? (18) Q. Is this the one about what the Memphis plant (18 A. Excuse me. A cotton picker. (19) did, or is it something else? Because the current (19 Q. A cotton picker plant, which is a type of (20) question is could you turn to the page. (20 machinery that International Harvester manufactured and (21) A. Right. I'm sorry. (21 sold, correct? (22) Q. It sounds like you wanted to clarify. (22 A. Right. (23) A. It's the one about Memphis parts. (23 Q. Okay. And your department in Chicago, the (24) Q. Okay. Well, let me just ask you a new (24 industrial hygiene department, would have responsibility (25) question. Would you like to clarify your understanding (25 when those plants were operational for the occupational Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 29 (Pages 113 to 116) 113 115 (1) safety and health of all of the employees who worked e t (2) those International Harvester Company locations, right? (3) MR. OSTERTAG: Objection. Misstates (4) testimony. Vague and ambiguous. (5) A. We would have assisted those operations with (6) safety issues. (7) Q. (By Ms. Farrise) So your department in (8) Chicago would have had overall responsibility. But arc (9) you also saying that the plants' safety people, people (10) who worked at the plants, would also share some (11) responsibility for safety and health of people who work (12) at those locations? (13) MR. OSTERTAG: Misstates his testimony. (14) Argumentative. (15) A. Neither is the case. (16) Q. (By Ms. Farrise) Okay. I'm going to leave (17) that for the moment because I actually would like to as (18) you about Navistar's form response to interrogatory (19) number 14. Are you at page 12? (20) A. I am at -- there. (21) Q. Thank you. (22) A. I haven't read the complete document, but I am (23) at that -- (24) Q. Well, the question of interrogatory number 14 (25) asks, quote, identify any and all officers, employees Aiken Welch Court Reporters T. Slavin 10-07-10 (1) Environmental Health & Safety with R.J. Black as (2) manager. Mr. Black retired in 1980 and was succeeded by (3) William Nichols, period. In 1970 Edwin Alpaugh was (4) assigned to the Department of Environmental Health & (5) Safety until his retirement in 1982, period. (6) Additional hygiene personnel supervised by Mr. (7) Alpaugh in the 1970s included Ken Phillippo, Dan (8) Janetka, Rick Moscato and Jeff Bacci, period. (9) Navistar's current industrial hygienist is Mr. Tom 10) Slavin, period. 11) So, first of all, did I read the second (12) portion of the answer correctly? (13) A. You read what's stated here as close as I 14) could track it, yes. 15) Q. Now, you are Mr. Tom Slavin who is the current 16) industrial hygienist, correct? Right? 17) A. What's the date of this? (18) Q. August of 2010, less than 60 days ago. 19) A. That's -- I'm responsible for industrial (20) hygiene. My position is not industrial hygienist. 21) Q. Okay. The Department of Environmental Health 22) & Safety, is that a department which continues to exist 23) within Navistar formerly known as International 24) Harvester Company today? (25) A. It does not currently exist in that form. Aiken Welch Court Reporters T. Slavin 10-07-10 114 116 (1) and/or agents, corporate level and/or plant level, who (2) had responsibility in each of the following areas at or (3) relating to the/each facility in question during any and (4) all times at which you or any predecessor/related entity (5) owned, operated or leased said facility. (6) And then they have a list of things, (1) Q. What was the function of that department now (2) included within the department that you are in charge of (3) today? (4) A. The function of that department is me. (5) Q. Okay. So to the extent there's a department, (6) you're it? (7) occupational health and/or safety, A. B, construction (8) health and/or safety. C, compliance with federal, (9) state, local safety regulators, et cetera. I've marked (7) A. Yes. (8) Q. Okay. And how about Ken Phillippo? Did you (9) know -- do you know or did you know Ken Phillippo? (10) the document so -- the question. (10) A. I have met Mr. Phillip -- Phillippo, I guess (11) (12) And then you get to sub O, and it asks about medical director, physician, nurse, health technician. (11) (12) it is. Q. And to your knowledge, is Mr. Phillippo still (13) And then P, industrial hygiene. And Q, asbestos (13) employed by Navistar today? (14) abatement. (14) A. No, he is not. (15) And the answer of Navistar to interrogatory (15) Q. When was he last employed by Navistar, to your (16) number 14 of Exhibit 8 on page 12 from August of 2010 (16) knowledge? (17) has some objections. And then in the middle it (17) A. He has not been employed by Navistar as long (18) indicates, quote: Navistar states that beginning in the (18) as I have been employed. So he was gone before 1979. (19) (20) (21) (22) (23) (24) (25) 1950s industrial hygiene was addressed and supervised by (19) Eugene Walsh, M.D., Corporate Medical Director. Dr. (20) Walsh retired in 1970. He was succeeded by Paul Eggum (21) M.D. Edwin Alpaugh began work as an industrial (22) hygienist in 1961 and reported to corporate medical (23) directors, period. (24) In 1970, Navistar created the Department of (25) Q. Okay. And how about Dan Janetka? Do you know if Mr. Janetka is still employed by Navistar today? A. No, he is not. Q. When did he leave the company, to your knowledge? A. In--sometime in the early'80s. Q. And how old would Mr. Janetka be today? Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 30 (Pages 117 to 120) 117 119 (1) A. Mr.--I believe Mr. Janetka is deceased. (1) are actually employed by Navistar versus individuals who (2) Q. And why do you believe that? (2) might use or purchase or repair a Navistar product? (3) A. My--it's my understanding that he had health (3) MR. OSTERTAG: Vague and ambiguous. (4) problems and that -- you know, I'm not certain about (4) A. Could you restate the time period in your (5) that, but it's -- I know people that knew him, worked (5) question? (6) with him at his subsequent employer. And it's my (6) Q. (By Ms. Farrise) It's actually okay. Mr. (7) understanding that he passed away. (7) Moscato, M-o-s-c-a-t-o -- I'm going to withdraw that (8) Q. Okay. Who was his subsequent employer? (8) question -- who was the safety manager and counterpart (9) A. Caterpillar. (9) to Mr. Alpaugh, when did he leave Navistar? (10) THE REPORTER: Pardon me? (10) A. About 1984,'85. (11) THE WITNESS: Caterpillar. (11) Q. Did he retire or go to another company? (12) Q. (By Ms. Farrise) Rick Moscato, M-u-s-c-a-t-o (12) MR. OSTERTAG: Assumes facts. Speculation. (13) (sic), do you know if Mr. Moscato is still employed by (13) Foundation. (14) Navistar today? (14) A. Neither. (15) A. Mr. -- Rich. (15) Q. (By Ms. Farrise) Okay. What happened to him? (16) Q. Rich. (16) MR. OSTERTAG: Same objections. (17) A. R-i-c-h. He doesn't like Rick. (17) Q. (By Ms. Farrise) To your knowledge. (18) M-o-s-c-a-t-o. (18) A. During this period International Harvester (19) Q. I'm sorry. Can you give us the correct (19) went from 100,000 employees to 12,000 employees. (20) spelling of his last name? (20) Q. So he was laid off or there was a reduction in (21) A. M-o-s-c-a-t-o. (21) force of some kind? (22) Q. Okay. (22) A. I assume. (23) A. Is not currently employed by Navistar and was (23) Q. There was plant closings, as I understand it? (24) not an industrial hygienist and did not work for Mr. (24) A. That's correct. (25) Alpaugh. Other than that -- (25) Q. Today how many employees does International Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 118 120 (1) Q. Was Rich -- sorry, Moscato -- short for (1) Harvester/Navistar have? (2) Richard, if you know? (2) MR. OSTERTAG: Objection. Lacks foundation. (3) A. That's correct. (3) Calls for speculation. (4) Q. And what did Mr. Moscato do at Navistar, to (4) A. About 17,000 worldwide. (5) your understanding? (5) Q. (By Ms. Farrise) And you mentioned in your (6) A. Mr. Moscato - (6) declaration, which we've previously marked as Exhibit 2, (7) MR. OSTERTAG: Let mejust object. Lacks (7) your responsibility is for the occupational safety and (8) foundation. Calls for speculation. Overbroad. Vague (8) health of all 17,000 Navistar employees worldwide, you (9) and ambiguous. Go ahead. (9) and your -- and the department that you head, correct? (10) A. Mr. Moscato was the safety manager, was the (10) A. I provide services -- safety and health (11) counterpart to Mr. Alpaugh, the industrial hygiene (11) consultation services and policy for those employees, (12) manager. (12) that's correct. (13) Q. (By Ms. Farrise) And what department did Mr. (13) Q. Okay. Do you know where Mr. Alpaugh is (14) Moscato work in or head up when he was employed at (14) today--I'm sorry. Strike that. Do you know where Mr. (15) Navistar formerly known as International Harvester? (15) Moscato is today? (16) A. Same -- the same department. (16) A. No, I do not. (17) Q. Okay. Was that the Environmental Health & (17) Q. When you last had any awareness of where Mr. (18) Safety Department? (18) Moscato lived or worked, where was that? (19) A. It was the employee Environmental Health & (19) A. In the Chicago area. (20) Safety Department. (20) Q. How old would Mr. Moscato be today? (21) Q. Okay. And I understand--you've mentioned (21) A. I do not know. (22) that in your declaration, sir, is the employee (22) Q. Was he older or younger than Mr. Alpaugh? (23) Environmental Health & Safety Department. Can you (23) MR. OSTERTAG: Ifyouknow. (24) clarify that that department as it existed, or as it (24) A. I don't know for sure. (25) exists today, concerns itself only with individuals who (25) Q. (By Ms. Farrise) Okay. Do you have an Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 31 (Pages 121 to 124) 121 123 (1) estimate? (1) probably -- that's possible. But, again, I don't recall (2) A. If I had to guess, I would say younger. (2) any specific documents with Mr. Bacci's name on it. (3) Q. Okay. And if you were estimating how old Mr. (3) Q. Okay. Does International Harvester-- (4) Moscato would be today, what would be your estimate? (4) MR. OSTERTAG: Hold on. Let me interject for (5) MR. OSTERTAG: Objection. Assumes--or (5) a moment. I have this at three hours. Can you -- Ms. (6) excuse me. Calls for speculation. (6) Videographer, can you tell us what the total time on the (7) A. I'm not very good at estimation, but if I had (7) record is? (8) to pick a number, perhaps 70. (8) VIDEOGRAPHER: I think that's what it is. (9) Q. (By Ms. Farrise) And when you last had any (9) MS. FARRISE: Okay. And? (10) understanding of Mr. Moscato that he lived in the (10) MR. OSTERTAG: And we have a three-hour limit (11) Chicago land area north, south or west? (11) according to the judge's order. (12) MR. OSTERTAG: Vague and ambiguous. (12) MS. FARRISE: Okay. What we have is an (13) A. The last that I knew of would have been (13) appointment with thejudge at 1:30. Apparently the (14) northwest. (14) judge is available to talk with us. His three-hour (15) Q. (By Ms. Farrise) Okay. Was he in a suburb or (15) limit was because your office and your defendant (16) in the city proper? (16) represented that Mr. Slavin's health was so precarious (17) A. Suburb, I believe. (17) that he could not travel and he could not be deposed. (18) Q. Okay. Which one do you think it was? (18) He has certainly demonstrated that he is (19) MR. OSTERTAG: Speculation. (19) capable of travelling no less than four hours on an (20) A. I'm not sure. (20) airplane and whatever time it takes to get to and from (21) Q. (By Ms. Farrise) Okay. What's your -- when (21) the airport and other things. If for some reason he (22) you last had an understanding of where in the northwe st (22) can't continue today, that is different. (23) suburbs of the Chicago area Mr. Moscato lived, (23) I also have your email, which I would like to (24) geographically what area was that? (24) mark as Plaintiff's next in order, where you indicate (25) A. Would have been northwest of the O'Hare (25) that Mr. Slavin's radiation treatments have been Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 122 124 (1) Airport somewhere. (1) prematurely ceased and, thus, he is no longer (2) Q. Schaumburg? Des Plaines? Arlington Heights? (2 ) undergoing -- currently undergoing any cancer treatment. (3) That area or somewhere else? (3) So under those circumstances where you asked (4) A. In that general area. (4 ) for, represented and obtained an order limiting the (5) Q. Okay. Jeff Bacci, B-a-c-c-i. Did Mr. Bacci, (5 ) deposition based on the health of the deponent, and with (6) first of all, work in the industrial hygiene department? (6) a representation, which is clearly false, that the (7) A. Yes, he did. (7 ) deponent had no relevant information, basically there (8) Q. Is he still employed by Navistar today? (8 ) were a number of misleading and false representations. (9) A. No, he is not. (9) Thejudge did make the three-hour order. And (10) Q. Okay. When was he last employed? (10) he indicated that we should call him if, in fact, there (11) A. I don't know. I can tell you that he was not (11) was any intervention which was necessary. I have his (12) employed at the time that I joined the company. (12) order here -- his written, signed order which I am going (13) Q. Okay. By 1979 he was--he had left? (13) to mark as Plaintiff's next in order. I guess that's (14) A. He had left. (14) Exhibit 10 to the deposition. (15) Q. And how are you aware then that Mr. Bacci, in (15) (EXHIBIT NO. 10 MARKED.) (16) fact, was employed in the industrial hygiene department (16) MS. FARRISE: It is, for the record, Order (17) at Navistar then known as International Harvester (17) Granting Plaintiff's Motion to Compel Deposition of (18) Company? (18) Navistar, Inc., Employee Tom Slavin. The motion is (19) A. I had heard -- being in the department I was (19) granted. Subpart F on page 2 indicates, quote: If at (20) aware that he had been a member of that department. (20) the conclusion of three hours of testimony Plaintiffs (21) Q. Have you, since you've been employed by that (21) believe he needs additional time deposing Mr. Slavin, (22) company, seen documents of industrial hygiene surveys (22) the parties shall meet and confer. And if no agreement (23) and other documents that he created as part of his work (23) is reached, the court will entertain an ex parte (24) there? (24 ) application for additional time, including (25) A. I don't recall specifically, but that's (25) telephonically from the deposition location. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 32 (Pages 125 to 128) 125 127 (1) Given the court's order, we have contacted the (2) court and he is available. If we cannot agree about the (3 ) terms and parameters of his order and whether or not it (4 ) should go forward, talk with us at 1:30. (5) (EXHIBIT NO. 11 MARKED.) (6) MS. FARRISE: I would also mark as Plaintiff's (7) Exhibit Number 11 -- let's see -- an email dated (8) September 30, 2010, from James Ostertag to Carlos Guzman (9) indicating, quote: Mr. Guzman, Mr. Slavin's radiation (10) treatments have ended prematurely. He is able to travel (11) and we are offering him for a deposition in San Diego on (12) the morning of 10/7, which would be easier travel for (13) you folks. Please let me know if you will take his (14) deposition. (15) And certainly on this record now looks like he (16) is at least healthy enough to travel to this deposition (17) location, and thus three hours under the circumstances (18) and given the extent of his knowledge, which has been (19) demonstrated this morning, is unreasonable. (2 0) So I would ask that we continue the deposition (21) as though it were to occur under the regular rules under (22) a properly-served notice because the l i mitations are (23) without anyjustification and they should not be (24) instituted. (25) MR. OSTERTAG: Well, let mejust-- Aiken Welch Court Reporters T. Slavin 10-07-10 (1) is the expected duration -- remaining duration of the (2) examination of Mr. Slavin? (3) MS. FARRISE: I would have at least an (4) additional three hours of Mr. Slavin. It is now 12:56. (5) I'm happy to take a lunch break. I'm also happy to come (6) back tomorrow because he is here, has flown all the way (7) up to Californiajust to have his deposition taken. (8) And it is not a question of whether or not you (9) get ex parte notice. Judge Kahn signed an order which ( 10) sits before you, less than two feet away from you, says ( 11) in black and white that he has already ordered an ex ( 12) parte notice is sufficient; and that if we cannot agree, ( 13) we should call him from the deposition location. We ( 14) have made arrangements to do that. The court is ( 15) available to talk with us in this matter, and it should ( 16) be taken up at 1:30. ( 17) I intend to appear either in person or by ( 18) phone, depending on what we're doing here, to San ( 19) Francisco Superior Court and ask the judge to order that ( 2 0) Mr. Slavin's deposition continue because he does have ( 21) relevant information about witnesses, about topics which ( 22) are related. And Navistar does not get to choose who we ( 23) can talk to and who we cannot. The sworn discovery ( 24) responses of Navistar sworn by the corporate compliance ( 25) officer, which this witness has indicated are, in fact, Aiken Welch Court Reporters T. Slavin 10-07-10 126 128 (1) THE WITNESS: While you're sorting that out, (1) not even accurate, demonstrates the need for us to talk (2) would it be all right if I - (2) to actual people who now have information like James (3) MR. OSTERTAG: Sure, sure. I object to--1 (3) Shuman who is no longer working for the company, hasn't (4) mean, I disagree with just about everything you have (4) worked for the company in years; and allow us to talk (5) said there. There have been no representations to the (5) with actual employees who may continue to work for the (6) court. I was at the hearing when the court made the (6) company and who, in fact, have responsibility to (7) ruling. The ruling was the court understood this to be (7) maintain corporate records of which are highly relevant (8) somewhat of a fishing expedition, but he was going to (8) to this litigation. (9) grant the three hours certainly in part -- or limit it (9) So I intend to ask Mr. Slavin what are (10) to three hours certainly in part because of that. (10) otherwise appropriate questions, given the change in (11) The scope of this deposition has been (11) what was thought to be his health treatment situation, (12) examination of Mr. Slavin regarding issues that don't (12) which allowed him to travel and sit for a deposition. (13) cut to the chase. You asked him extensively about (13) Having said all that, as I said, I am willing (14) issues that appear to pertain to Ford Motor Company anc (14) to come back tomorrow. We can do additional time (15) other things like that. You've asked him a number of (15) tomorrow to accommodate the witness. But I do not agree (16) questions about things that you could easily get from a (16) that three hours is reasonable under the circumstances, (17) corporate PMK witness about who's employed there, who s (17) and I agree with the order because there were several (18) no longer employed there. That's pretty clear. (18) knowing misrepresentations made to the court about the (19) There is no -- the court invited us on an ex (19) state of his health and the state of his knowledge. (20) parte basis to go and talk to him, but ex parte (20) MR. OSTERTAG: Well, we take issue with that. (21) procedure in the San Francisco Superior Court requires a (21) Obviously we take strong issue with that. And there's (22) 24-hour notice. I didn't receive any notice. My office (22) been no representation here as to how much time is (23) didn't receive any notice. I'm not going to agree to ex (23) needed. Do you need 45 minutes or an hour? Do you want (24) parte communications with the court unless within a (24) to agree to something like that? (25) 24-hour notice. At this time I will ask, though, what (25) MS. FARRISE: The representation - Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 33 (Pages 129 to 132) 129 131 (1) MR. OSTERTAG: But you're saying--hold on. (1) A. Yes, I do. (2) You basically said I need at least three hours, and you (2) Q. Okay. This is part now of Exhibit 9. If you (3) haven't given us a time limit. (3) turn to the next page there is a blank document that (4) MS. FARRISE: And the law, since you're so (4) indicates, as its title, Industrial Hygiene Survey (5) familiar with the law, Counsel, does not require me to (5) Asbestos, May 21, 1988, Memphis Parts Distribution (6) give a time limit. (6) Center. And that's the cover page. And then there are (7) MR. OSTERTAG: Well, under these circumstances (7) 30 additional pages that go with that report. Do you (8) I think it does. (8) see that? (9) MS. FARRISE: The time--well, that's what we (9) MR. OSTERTAG: Objection. Assumes facts not (10) should talk with thejudge about at 1:30. (10) in evidence. Document speaks for itself. (11) MR. OSTERTAG: Well, we're going to go off the (11) A. I think I see the report you're referring to. (12) record. (12) Q. (By Ms. Farrise) Okay. Well, let me do it (13) MS. FARRISE: Okay. We're off the record. (13) this way. I'm going to hand you what I'm going to just (14) And consider yourself on notice that we intend to appear (14) mark separately as Plaintiff's Exhibit Number 7. (15) at 1:30 for additional court orders. (15) Exhibit Number 7 is a one-page document with a (16) VIDEOGRAPHER: We're going off the record at (17) 12:58 p.m. (16) (17) LexisNexis File & Serve E-Service stamp on it. It is part of Exhibit 9, but we'll just take them separately. (18) (Lunch recess taken at 12:58 p.m.) (18) It is a black-and-white photograph which has at the top (19) VIDEOGRAPHER: This is the beginning of Media (19) Memphis Plant. Okay? And so we'll mark that 7. (2 0) Number 3 of the video-recorded deposition of Tom Slavin. (20) (EXHIBIT NO. 7 MARKED.) (21) We're back on the record at 2:37 p.m. (21) Q. (By Ms. Farrise) Next I'm going to mark as (22) Q. (By Ms. Farrise) Good afternoon, Mr. Slavin. (22) Plaintiff's Exhibit 12, which was next in order of what (23) You realize you're still under oath, correct? (23) we had, a -- one -- four-page document which has a (24) A. Yes. (24) blank -- a cover sheet that says Industrial Hygiene (25) Q. Okay. Now, when we took our break I was (25) Survey Asbestos, May 21, 1988, Memphis Parts Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 130 132 (1) asking you-- (1) Distribution Center. There are three pages that follow (2) MR. OSTERTAG: Do you need thejacket? (2) that. And the last page is denoted page 3 signed by E. (3) THE WITNESS: Yeah. (3) L. Alpaugh, PE, CIH, Industrial Hygiene Consultant. (4) A. Okay. (4) (EXHIBIT NO. 12 MARKED.) (5) Q. (By Ms. Farrise) --we were talking about the (5) Q. (By Ms. Farrise) Can you take a look at (6) sworn discovery responses of Navistar, Inc., now known (6) Exhibit Number 12, sir? And can you confirm for me that (7) as -- formerly known as International Harvester. And I (7) this is the kind of document that an industrial (8) had marked Plaintiff's Exhibits 8 and 9 - (8) hygienist would prepare when undertaking an industrial (9) MS. FARRISE: Do you have those? (9) hygiene survey? (10) THE REPORTER: I-- (10) MR. OSTERTAG: Objection. Vague. Ambiguous. (11) MS. FARRISE: Mr. Ostertag has them. The (11) Overbroad. Calls for opinion testimony. Lacks (12) discoveryresponses, can I have the rest ofthose (12) foundation. Calls for speculation. (13) exhibits back? They all have green tags on them. (13) A. The central results seem to be missing here as (14) Q. (By Ms. Farrise) So let me hand you Exhibit (14) a reference to a table -- tables 1 through 4. (15) Number 9, which is the discovery-- Navistar, Inc.'s, 15) Q. (By Ms. Farrise) Okay. Yourecognize Mr. (16) Responses to Plaintiff's Premises Requests to Produce 16) Alpaugh there? We were talking about him earlier in the (17) And I'm going to ask you to turn to the back (17) deposition. He was the one--he was the manager of the (18) of the doc -- of that document where there are documer ts 18) industrial hygiene department when you started at (19) attached, which were produced by the other lawyers 19) Navistar, then knownas International Harvester Company, (20) representing Navistar. 20) correct? (21) MR. OSTERTAG: Objection. Argumentative. 21) A. Correct. (22) Q. (By Ms. Farrise) And the first page of the 22) Q. Okay. Mr. Slavin, let me hand you what I'm (23) attachments is a black-and-white photograph that is 23) going to mark as Plaintiff's Exhibit 13. It's, again, (24) labeled Memphis Plant, 3003 Harvester Street, Memphis, (24) something that is attached to Exhibit 9, but I'm going (25) Tennessee. Do you see that? 25) to break it out as a separate document. It's a document Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 34 (Pages 133 to 136) 133 135 (1) dated July 23, 1973. It's marked at the top as (1) Foundation. Speculation. (2) Confidential. It is a letter-type report from E. L. (2) A. I'm aware that in many of the products that (3) Alpaugh, Industrial Hygiene Manager, to A. B. Lang, (3) International makes that brakes are an important (4) Plant Manager, Memphis Plant. I want you to take a look (4) component. (5) at that three-page document. (6) (EXHIBIT NO. 13 MARKED.) (5) Q. (By Ms. Farrise) What kind of products are (6) you aware of as brakes -- brake shoes -- brakes with (7) A. Okay. (7) brake shoes being an important component? (8) Q. (By Ms. Farrise) Okay. There is a reference (8) A. Mobile equipment that needs to stop. And also (9) in the -- well, first of all, it indicates that it's to (9) within the plants: Forklifts, hoists, punch presses. (10) A. B. Lang, Plant Manager, Memphis Plant. Did you have (10) There may be a number of pieces of equipment that (11) any familiarity with Mr. Lang as being associated with (11) require brakes. (12) the Memphis plant or one of the Memphis plants of (12) Q. And as part of your work with 30 or more years (13) Navistar/International Harvester? (13) at International Harvester, now known as Navistar, did (14) A. No. (14) you go out to International Harvester plant locations or (15) (16) Q. Okay. If-A. I did not know Mr. Lang. (15) (16) International Harvester facilities or their manufacturing plants or parts distribution centers or (17) Q. Okay. It says Subject, Final Report, Annual (17) something else, as part of that work? (18) Industrial Hygiene Survey, April 9 to 13, 1973. And I (18) A. Yes, I visited several plants. (19) wanted to direct your attention to the second paragraph (19) Q. Okay. How many plants would you estimate of (20) (21) of Exhibit 13, this document from Mr. Alpaugh to Mr. Lang. (20) (21) International Harvester that you have personally visited? (22) It indicates, quote: The samples for airborne (22) A. Possibly 20. (23) lead and chromium in the annealing section of Department (23) Q. Okay. For what purpose? (24) 1S (sic) gave results below the Threshold Limit Value, (24) A. Various purposes. Consulting on industrial (25) period. One sample for airborne asbestos fibers from a (25) hygiene issues such as noise, chemicals, paint, a Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 134 136 (1) milling job on brake shoes was below the TLV, but a (2) second sample had so many fibers on the filter that it (3) couldn't be counted, indicating that the TLV was (4) probably exceeded. It is recommended that this (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) particular milling job be discontinued. Ifthisisnot possible, it is mandatory that the milling machine operator wear a respirator approved for protection against asbestos fibers until local exhaust ventilation can be designed and installed. The local exhaust system installed will have to be, for all practical purposes, 100 percent efficient. And then at the bottom of that same paragraph it says, quote: It was my understanding that the brake shoe milling operation was to be discontinued soon, (15) (16) which would solve the problem. First of all, did you see where I was reading? (17) (18) (19) (20) A. Yes. Q. Okay. Mr. Slavin, in the -- or within the plant of Navistar then known as, I guess, International Harvester Company you are aware, aren't you, that there (21) (22) (23) (24) (25) were people who were working with brake shoes in a plant setting, correct? MR. OSTERTAG: Let mejust object to the preface of the question, reading of the document and nothing to do with the question. Irrelevant. Aiken Welch Court Reporters T. Slavin 10-07-10 (1) variety of many occupational issues that could come up. (2) Q. Have you participated in industrial hygiene (3) activities at any Navistar location where any evaluation (4) for asbestos was conducted? (5) A. I believe so, yes. (6) Q. Okay. When -- on how many occasions? (7) A. I recall three. (8) Q. Okay. Which three do you recall? (9) A. One was an asbestos survey in a power house at (10) Melrose Park where insulation work may have been done (11) from time to time. And so there was an opportunity to (12) measure the air for asbestos exposure. Another was a (13) review of an operation in the agricultural tractor (14) plant. And another was a review of an operation in a (15) truck assembly plant -- (16) Q. Okay. (17) A. -- where brake shoes were handled as part of (18) the assembly of the rear axles. (19) Q. Okay. I'm going to -- when did you (20) participate in an asbestos survey at the Melrose Park, (21) Illinois, facility? (22) MR. OSTERTAG: Objection. It's beyond the (23) scope ofwhatthejudge ordered. I think it's (24) irrelevant. (25) A. I don't recall the exact time. I have a hard Aiken Welch Court Reporters T. Slavin 10-07-10 35 (Pages 137 to 140) 137 139 (1 time recalling even a general time. I believe that it (1) A. Medium-duty trucks. I'm not sure if there (2 was sometime in the 1980s. I'm not sure I can narrow it (2) were heavy-duty trucks in the plant at that time. (3 down much further. (3) Q. Okay. And when were you there? (4 Q. (By Ms. Farrise) Okay. And when did you (4) A. That would have -- approximately later '80s. (5 participate in industrial hygiene activities at the (5) I'm guessing that that's between '85 and '90. That's (6 tractor facility? (6) kind of as close as I can tie that time. (7 A. That would have been between 1979 when I (7) Q. Okay. And in terms of the activities - (8 joined the company and 1984 when we -- when that (8) industrial hygiene activities that you either conducted (9 facility was closed. (9) or participated in at the Springfield, Ohio, truck (10 Q. Okay. Which facility was that? (10) assembly plant of Navistar, you would -- you or someone (11 A. That was Rock Island. (11) who you worked with would have prepared or written a (12 Q. Rock Island, Illinois? (12) report of what you did there, correct? (13 A. That's correct. (13) A. That's correct. (14 Q. Okay. And as part of your industrial hygiene (14) Q. Okay. And the written report of what the (15 work at the tractor facility at Rock Island, Illinois, (15) activity was to evaluate asbestos at that site, that (16 would you have prepared to -- you or someone working (16) report is something that would exist today under your (17 with you have prepared a writing or document a report of (17) management either on-site at your office or as part of (18 the work that you did there? (18) the boxes which you manage at an off-site location, (19 A. Yes. (19) correct? (20 Q. Okay. And would that document of the survey (20) A. That is correct. (21 or the industrial hygiene work that was done there, (21) THE WITNESS: Excuse me. I need to take a (22 would that be among the documents which would be (22) short break. (23 included in the boxes in -- that are under, I guess, (23) MR. OSTERTAG: Sure. (24 your management either on-site or at an off-site (24) MS. FARRISE: Let's go off the record. (25 location? (25) VIDEOGRAPHER: We're going off the record at Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 138 140 (1) A. Yes, it would be. (1) 2:54 p.m. (2) Q. Okay. At the tractor facility in Rock Island, (2) (Recess taken at 2:54 p.m.) (3) tractors have brakes with brake linings that at one (3) VIDEOGRAPHER: We're back on the record. The (4) point contained asbestos as well, correct? (4) time is 2:56 p.m. (5) MR. OSTERTAG: Objection. Foundation. (5) Q. (By Ms. Farrise) Mr. Slavin, can you recall (6) Speculation. (6) as you sit here today whether or not the work that you (7) A. I'm not -- I don't have personal knowledge of (7) and -- well, first of all, did you do the asbestos (8) that. (8) evaluation work at the Springfield, Ohio, truck assembly (9) Q. (By Ms. Farrise) Okay. You've never--you (9) plant yourself or as part of a group of people who were (10) don't know one way or another whether or not tractors (10) evaluating hazards? (11) have friction linings that are made of the same or (11) A. As I recall, I did that myself. (12) substantially the same asbestos-containing lining (12) Q. Okay. And can you describe what you did? (13) material that are used on vehicles which have wheels? (13) A. Looked at the operation where we had (14) MR. OSTERTAG: Objection. Vague. Ambiguous. (14) subassembled brake shoes that came in on pallets. And (15) Overbroad. Lacks foundation. Calls for speculation. (15) those shoes, then some employee would take those shoes (16) MR. EPSTEIN: Epsteinjoins. (16) and attach them to an axle to start building up the (17) A. I don't have personal knowledge of that. (17) truck axles. The shoes were -- the friction materials (18) Q. (By Ms. Farrise) Uh-huh. Okay. I'm going to (18) was preattached. I mean, it was already assembled when (19) move on to the truck assembly plant. First of all, (19) it came in to our operation. And the focus of the (20) where was the truck assembly plant where you can reca ll (20) investigation was whether there was loose asbestos (21) participating in industrial hygiene activities that (21) material that might have come along with those shoes (22) evaluated asbestos at that site? (22) that may have been an issue. (23) A. Springfield, Ohio. (23) Q. Okay. So you were looking at the issue of (24) Q. What kind of vehicles, trucks were (24) whether or not brake shoes that already had (25) manufactured at Springfield, Ohio? (25) asbestos-containing linings attached as part of the Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 36 (Pages 141 to 144) 141 143 (1) transportation activity to the Springfield, Ohio, plant (1) the brake shoe was to International Harvester where this (2) which dislodged some of the asbestos fibers from those (2) concern about residue from a supplying plant got (3) linings? (3) created, correct? (4) MR. EPSTEIN: Misstates. Vague and ambiguous (4) A. My-- (5) A. That's not exactly correct. In the first (5) MR. OSTERTAG: Misstates again. (6) place, I'm not sure that the shoes -- that the brake (6) THE WITNESS: Oh, sorry. (7) shoes at that time contained asbestos. (7) MR. OSTERTAG: Go ahead. Misstates. Vague (8) Q. (By Ms. Farrise) Uh-huh. (8) and ambiguous. (9) A. There was a transition to move to non-asbestos (9) MR. EPSTEIN: Join. (10) brakes over time. There was a concern that a material (10) A. My belief is that it does not create -- it (11) that -- not from the brake shoes themselves necessarily, (11) does not contain information. (12) but was associated with the packaging, or products may (12) Q. (By Ms. Farrise) Did you review that (13) have come from a plant where asbestos may have been (13) document, or any of the other surveys that you may have (14) used. And so the question was whether some of the dust (14) conducted, to determine whether or not you measured for (15) or residue that was in -- or associated with the (15) asbestos? (16) packaging contained asbestos. (16) MR. OSTERTAG: Vague and ambiguous. (17) Q. And as you sit here today, sir, do you recall (17) MR. EPSTEIN: Join. Epstein. (18) whether or not the brake shoes which were being added to (18) MS. FARRISE: Strike that. Let me withdraw (19) the axle as part of the truck assembly, whether or not (19) the question. (20) the linings contained asbestos when you did the survey (20) Q. (By Ms. Farrise) Mr. Slavin, in preparation (21) at Springfield, Ohio? (21) for your deposition or within the last, say, month or (22) MR. OSTERTAG: Lacks foundation. Calls for (22) so, did you review any of the industrial hygiene surveys (23) speculation. (23) which you managed -- the documents which you managed (24) MR. EPSTEIN: Join. Epstein. (24) which were created in the industrial hygiene department (25) A. I don't recall whether there was any asbestos (25) to prepare for your testimony? Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 142 144 (1) as part of that. (1) A. No, I did not. (2) Q. (By Ms. Farrise) Uh-huh. (2) Q. Okay. So, for instance, no one directed you (3) A. My recollection is there was no need for (3) to and you didn't on your own look through your index to (4) additional controls to follow up, that there was no (4) figure out whether or not there existed industrial (5) airborne exposure. (5) hygiene surveys at various Navistar facilities that (6) Q. But can we agree, sir, that whatever the (6) concerned asbestos that you personally would have been (7) situation was you prepared a report. And there is some (7) involved in, correct? (8) documentation of what you did there, what the scope of (8) A. Not in the last month or so. (9) the job was and what your findings were that exist (9) Q. Okay. When -- have you ever done that? (10) today, correct? (10) A. At the time that I gathered or that I reviewed (11) A. Yes, I think I said that. (11) those documents several -- maybe 5, 10 years ago, I (12) Q. Okay. And where, if you can recall--well, (12) would have--I would have looked at those documents. I (13) strike that. (13) don't know that my looking at them would rise to the (14) Would you expect in your report that there (14) level of examination. (15) would be noted where the brake shoes were being supplied (15) Q. Sir, do you have an estimate of how many boxes (16) from that caused the concern that at that other supplier (16) of documents exist in off-site storage which are (17) location there may have been some asbestos residue? (17) documents that were the files created within the (18) MR. EPSTEIN: Vague and ambiguous. Epstein. (18) industrial hygiene department or the environmental (19) Misstates. (19) health and safety department which -- that you now have (20) MR. OSTERTAG: Join--join. (20) management responsibilities for? (21) A. I don't recall that that information was - (21) A. Somewhere between 40 and 60. (22) was available, I gather. (22) Q. Okay. And are they the standard-size business (23) Q. (By Ms. Farrise) Okay. And you don't know as (23) boxes or something else, if you know - (24) you sit here today one way or another whether or not (24) A. I think they're the standard-size Iron (25) your report reflects, for instance, who the supplier of (25) Mountain storage boxes. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 37 (Pages 145 to 148) 145 147 (1) Q. And is that where they exist, in Iron Mountain (1) which resulted in approximately a box of documents which (2) storage, or somewhere else? (2) you did maybe as long as 10 years ago, correct? (3) A. I believe the vendor we use now is Iron (4) Mountain. (3) A. Correct. (4) Q. Okay. And in the last 10 years or since (5) Q. Is who? (5) you've done that, whenever it happened to be, do you (6) A. Iron Mountain. (6) know if there's been any further review of the 40 to 60 (7) Q. Okay. And do you know if the documents (7) boxes of documents which you maintain off-site and which (8) contained within the 40 to 60 boxes, which are documents (8) were the industrial hygiene department boxes from (9) which were created within the industrial hygiene (9) Navistar, formerly known as International Harvester? (10) department of Navistar, formerly known as International (10) MR. OSTERTAG: Object. This is well beyond (11) Harvester, have they ever been scanned or electronical y (11) the scope of thejudge's order. (12) imaged in any way to your knowledge? (12) A. On occasion I pulled documents--pulled boxes (13) (14) A. Some of them have. Q. And can you tell me under what circumstances (13) back for specific issues. There's a lot of material (14) there, a lot of reference material. And occasionally I (15) some of them have been scanned to an electronic image 15) have had a reason to request a box delivered and review (16) (17) (18) (19) and others have not? A. A law department request to review the documents and pull out certain relevant documents. Q. Okay. And do you have any estimate of how 16) those, and then return them to storage. 17) Q. (By Ms. Farrise) And when you say reference 18) material, can you describe for me a little more what you 19) mean by whatever you would include in the description of (20) much of the volume of the 40 to 60 boxes has been 20) reference material? (21) converted at some point in time to an electronic format? 21) A. That would include journals. That would (22) A. By electronic format, you mean copied? (22) include books. It would include publications that I do (23) (24) Q. Copied, scanned, imaged--electronically imaged in some way. 23) not have room to keep in my office, but that (24) occasionally I find use for in my work. (25) A. Possibly a box. 25) Q. Okay. Mr. Slavin, do you know whether at the Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 146 148 (1) Q. One box of the 40 to 60 boxes? (1) truck assembly plant in Springfield, Ohio, there was (2) A. Possibly a boxfull. (2 ) any -- at any time, whether when you were there or at (3) Q. A boxfull. Okay. Do you know if the 40 to 60 (3 ) other times, there was any operation to mill or grind (4) boxes of documents from the industrial hygiene (4 ) the linings of brake shoes? (5) department of Navistar, formerly known as International (5) A. I am not aware of any such operation. (6) Harvester, that collection has ever been indexed or (6) Q. And do you know whether contained in the files (7) catalogued more specifically than your three to (7) that you maintain, for instance, there was ever any (8) four-page list which we discussed earlier? (8) survey by either yourself, an industrial hygienist, or (9) A. Not by me. (9) any of the other people who worked in the industrial (10) Q. Okay. Do you know if it has been indexed or 10) hygiene department at the same time as you or prior to (11) catalogued by -- more specifically than your three to (11) you being there, that looked at exposure -- that looked (12) four-page list by anyone? (12) at whether or not there was any grinding or milling or (13) A. I don't know that for sure. (13 ) other manipulation of brake linings at that location? (14) Q. Okay. Do you suspect for some reason - (14) MR. OSTERTAG: Vague. Ambiguous. Overbroad. (15) suspect there's been an indexing or cataloguing of the (15) Beyond the scope of the court's order. (16) documents containing the 40 to 60 boxes which you manag>e 16) A. The industrial hygiene review process that was (17) either, I guess, off-site but which came from the 17) in place would likely have uncovered such an operation (18) industrial hygiene department of Navistar formerly known (18) if it existed. And, to my knowledge, no such finding (19) as International Harvester? 19) has been made. (20) A. I gather those documents were the law (20) Q. (By Ms. Farrise) Okay. Now, did the (21) department. I'm not sure what the law department did 21) industrial hygiene department, which you now have the (22) with them. Whatever law departments do with those (22) records for, did they keep records by plant location in (23) documents. (23) terms of what the surveys or evaluation or information (24) Q. Okay. And the gathering, which you indicate, (24) was from those locations? (25) that was the task or the activity in gathering documents (25) MR. OSTERTAG: Objection. Beyond the scope of Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 38 (Pages 149 to 152) 149 151 (1) the court's order again. (1 A. Yes. (2) A. Yes. (2 Q. (By Ms. Farrise) Okay. And can you describe (3) Q. (By Ms. Farrise) Okay. So, for instance, you (3 what that interaction would have been? (4 ) were able to tell me that the Springfield, Ohio, plant (4 MR. OSTERTAG: Same objection. (5) was a truck assembly plant where the medium-duty trucks (5 Q. (By Ms. Farrise) If you can, generally (6 ) were made, correct? (6 speaking. (7) A. Correct - (7 MR. OSTERTAG: Overbroad. Vague. Ambiguous. (8) MR. OSTERTAG: Objection--well, let mejust (8 Beyond the scope of -- excuse me -- scope of the court's (9) object that one question doesn't follow from the other. (9 order. (10) Lacks foundation. Calls for speculation. 10 A. Some of those people can appreciate that - (11) Q. (By Ms. Farrise) And so let me ask you to 11 the interaction with those people isn't necessarily a (12) take a look at, if you would--let's see here. I'm 12 capacity that they're listed here. (13 ) going to mark as -- I'm going to mark as Plaintiff's 13 Q. (By Ms. Farrise) Ah - (14 ) Exhibit Number 15 -- it's part of 9, but I'll pull it 14 A. So, for example, Mr. Meuser -- (15) out. It's a three-page document. It's dated on 15 Q. Uh-huh. (16) International Harvester stationery dated October 20, 16 A. -- was at the Farmall Plant in 1976, but was (17) 1976, from R. J. Black to a variety of people. And then 17 at the world headquarters in 1979 or '80. (18) it has two attachments. And let me ask you to take a 18 Q. And what was his job at -- and that was in (19) look at the very (phonetic) Hazardous Materials Control 19 Chicago, which is where you worked, correct? (20) Program. So take a look at that, if you would. 20 A. That's correct. (21) (EXHIBIT NOS. 14-15 MARKED.) 21 MR. OSTERTAG: Same objection. (22) A. Okay. 22 Q. (By Ms. Farrise) Okay. And what was hisjob (23) Q. (By Ms. Farrise) Okay. Can you take the 23 at world headquarters in Chicago in 1979 or '80? (24) second page--well, let me see. Let's look at the 24 MR. OSTERTAG: Same objection. Beyond the (25) first page. There's a number of recipients starting 25 scope of the court's order. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 150 152 (1) with a T. W. Hansen, Canton Plant, and ending with W. P. (1) A. He was the labor relations manager. (2) Kendig in the Springfield Plant. Would you mind (2) Q. (By Ms. Farrise) And does he -- do any of (3) reviewing that list of recipients and telling me whether (3) these folks, to your knowledge, do they still work for (4) any of those people are familiar to you? (4) Navistar, Inc.? (5) MR. OSTERTAG: I'm going to object. Beyond (5) MR. OSTERTAG: Beyond the scope of the court's (6 ) the scope of the court's order again. (6) order, which was specifically his -- pursuant to a (7) A. Yes, some of those people I recognize. (7) percipient witness regarding certain things - (8) Q. (By Ms. Farrise) Okay. Which ones? (8) MS. FARRISE: Okay. I've noted your (9) MR. OSTERTAG: Same objection. (9) objection. (10) A. Mr. Hansen, Mr. Meuser, Mr. Hennigan, Mr. (10) MR. OSTERTAG: Well, I'm making it. (11) Kendig. The others--I recognize some names, but I'm (11) MS. FARRISE: No, you're not. You're making a (12) not--I don't know the people. (12) speaking objection and wasting time. (13) Q. (By Ms. Farrise) Okay. And before that you (13) MR. OSTERTAG: I am making my objection. (14) recognized with more familiarity Mr. Hansen, Mr. Meuser (14) MS. FARRISE: Please don't do that. (15) Mr. Hennigan and Mr. Kendig. How did you become (15) Q. (By Ms. Farrise) Sorry. Mr. Slavin, can you (16) associated with those men, I take it, in connection with (16) tell me whether on Exhibit 15, the people who that is (17) your work? (17) directed to, whether any of those people, to your (18) MR. OSTERTAG: Same objection. (18) knowledge, are still employed by Navistar today? (19) A. Those individuals are human resource managers (19) MR. OSTERTAG: Same objections. (20) at various operations. (20) A. Only one name on here that I recognize that's (21) Q. (By Ms. Farrise) Okay. And did you work-- (21) still employed. (22) did some part of your work cause you to interact with (22) Q. (By Ms. Farrise) Okay. And who is that? (23) those gentlemen at the various Navistar/International (23) A. Mr. Hennigan. (24) Harvester plant operations? (24) Q. Okay. And he's listed on Exhibit 15 in 1976 (25) MR. OSTERTAG: Same objection. (25) as being at the Shadyside Plant. Do you know where Mr. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 39 (Pages 153 to 156) 153 155 (1) Hennigan today works for Navistar? (1) MR. OSTERTAG: Asked and answered. Beyondthe (2) MR. OSTERTAG: Same objection. Beyondthe (2) scope. (3) scope. (3) A. I do not recall at this time. I may have come (4) A. He's the director of labor relations for the (4) across knowledge somewhere in my 30 years, but at this (5) company. (5) time I do not recall what they did. (6) Q. (By Ms. Farrise) And does he work at the (6) Q. (By Ms. Farrise) Okay. The Canton Plant is (7) Chicago location where you work? (7) the next one listed. Is that Canton, Ohio? (8) MR. OSTERTAG: Same objections. (8) A. No. (9) A. When he's not negotiating contracts, yes. (9) MR. OSTERTAG: Same objections. (10) Q. (By Ms. Farrise) And-- (10) Q. (By Ms. Farrise) Okay. What state is that? (11) A. I'm sorry. He doesn't work in Chicago. He 1(11) 11 MR. OSTERTAG: Same objections. (12) works at world headquarters in Warrenville. (12) A. Illinois. (13) Q. Okay. And it says T. E. Hennigan. Can you (13) Q. (By Ms. Farrise) And what was made in the (14) tell me what the T or the E stand for? (14) decade of the 1980s in the Canton, Illinois, (15) MR. OSTERTAG: Same objections. Beyondthe (15) Navistar/International Harvester plant? (16) scope of the court's order. (16) MR. OSTERTAG: Same objections. (17) A. The T is Tom. I have no idea what the E is. (17) A. Agricultural equipment, plows, seed. (18) Q. (By Ms. Farrise) I want you then to go to the (18) MR. OSTERTAG: Overbroad. (19) next page. At the top it says Hazardous Materials (19) Q. (By Ms. Farrise) And were there brakes which (20) Committee Chairmen, and it has at the top right-hand (20) had -- of some sort which had friction lining as part of (21) corner 12/1979. Do you see that? I think it's 12/4. (21) that equipment which was produced at Canton, Illinois? (22) A. I see that. (22) MR. OSTERTAG: Vague and ambiguous. (23) Q. Okay. The first one it has a punch in it, and (23) MR. EPSTEIN: Overbroad. (24) itjust says something Diac Plant, they do not have a (24) MR. OSTERTAG: Lacks foundation. Calls for (25) committee. Do you--from your background and (25) speculation. Beyond the scope. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 154 156 (1) experience, would the company have any idea what the (1) MR. EPSTEIN: Join. Epstein. (2) actual location is of the plant there where half the (2) A. I do not know. (3) name is punched through? (3) Q. (By Ms. Farrise) What I'm going to ask you to (4) MR. OSTERTAG: Objection. Calls for (4) do for the rest of the list on that page is can you tell (5) speculation. Lacks foundation. Beyond the scope of the (5) me by looking at it, from your background and knowledge (6) court's order here. (6) at Navistar, which of the listed Navistar locations made (7) A. That is Candiac. (7) trucks or anything having to do with vehicles? (8) Q. (By Ms. Farrise) Is that C-a-n-d-i-- (8) MR. OSTERTAG: Same objections. (9) A. -- a-c. (9) A. The Chatham plant - (10) Q. And what state is that in? (10) MR. OSTERTAG: Hold on. I want you to tell (11) MR. OSTERTAG: Same objection. (11) her the ones -- could you read back the question? (12) A. That is in Canada. (12) (Requested material was read back.) (13) Q. (By Ms. Farrise) Okay. And can you tell me (13) MR. OSTERTAG: That's the question. (14) in the decade of when you started in 1979 and into the (14) MS. FARRISE: Yes. Please limit your comments (15) '80s what was made at the Candiac, Canada, (15) to leading objections, and stop coaching the witness and (16) Navistar/International Harvester plant? (16) wasting time. (17) MR. OSTERTAG: Same objection. Beyondthe (17) Q. (By Ms. Farrise) Go ahead, Mr. Slavin, (18) scope of the court's order here, deliberately. (18) please. (19) A. I have not -- I have never been to that plant. (19) A. The Chatham, Fort Wayne plants. (20) I do not know what they make. (20) MR. OSTERTAG: Same objections. Beyondthe (21) Q. (By Ms. Farrise) Okay. And whether you have (21) scope of the court's order. (22) ever personally been there or not, do you have any (22) A. And Springfield plant. (23) experience as part of your career at Navistar where you (23) Q. (By Ms. Farrise) And so is it your testimony (24 ) have come by information or been told what Navistar (24 ) that the rest of the Navistar locations listed there (25) produced at the Candiac plant in Canada in the 1980s? (25) made something other than something with a wheel, like Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 40 (Pages 157 to 160) 157 159 (1) tractors or farm equipment, that sort of thing? (2) MR. OSTERTAG: Same objection. (3) A. You asked about vehicles. (4) Q. (By Ms. Farrise) Uh-huh. (5) A. If they made something other than vehicles. (6) Q. Okay. At any of these other locations other (7) than Chatham, Fort Wayne and now Springfield, were thei (8) any brakes or brake assemblies or brake shoes, to your (9) knowledge, used, handled or manipulated in any way? (10) MR. OSTERTAG: Same objections. Foundation. (11) (12) Speculation. MR. EPSTEIN: Join. Epstein. (13) MR. OSTERTAG: Overbroad. Vague as to time. (14) (15) A. I would--I would gather that most, if not all, of these operations have forklift trucks. (16) Q. (By Ms. Farrise) Uh-huh. (17) A. And forklift trucks with -- with brakes. (18) Q. Other than forklift trucks, which I gather (19) would have been used in connection with the operations (20) of that plant, were there any other pieces of equipment (21) or reason that anyone would handle or otherwise (22) manipulate brakes or brake shoes with linings attached (23) at any of the locations other than Chatham, Fort Wayne (24) and -- oh, and the Springfield plant? (25) MR. OSTERTAG: Vague. Ambiguous. Overbroad Aiken Welch Court Reporters T. Slavin 10-07-10 (1) West Chicago, Illinois. Richmond, California. (2) Burlington, Ontario. Edmonton. Alberta. Those are the (3) ones that I remember. (4) Q. (By Ms. Farrise) Okay. And can you just (5) describe then generally the operations of a parts (6) distribution center as you understand that operation in (7) the context of Navistar formerly known as International (8) Harvester Company? (9) MR. OSTERTAG: It's vague. It's ambiguous. (10) It's overbroad. Vague as to time. Lacks foundation. (11) Calls for speculation. Beyond the scope of this court's (12) order in this last hour of deposition. (13) A. Those operations would distribute parts to (14) after-market customers, to the warehouses. (15) Q. (By Ms. Farrise) Okay. And were those (16) International Harvester warehouses, or were they other (17) types of warehouses or both? (18) MR. OSTERTAG: Vague and ambiguous. Same (19) objections. (20) MR. EPSTEIN: Epstein joins. (21) A. The ones I mentioned were all International (22) Harvester warehouses. (23) Q. (By Ms. Farrise) Okay. And did the parts (24) that were distributed from the parts distribution (25) centers that you have listed starting in Memphis, Aiken Welch Court Reporters T. Slavin 10-07-10 158 160 (1 Beyond the scope of the court's order. Lacks (1) Tennessee, and ending in Alberta, Canada, did they (2 foundation. Calls for speculation. (2) manufacture after-market brake parts which would be used (3 A. Yeah, I'm not sure I understand the question (3) for servicing International Harvester vehicles? (4 or the type of material -- hoists might be involved. (4) MR. OSTERTAG: Same objection. Vague and (5 Many of them might have had hoists. (5) ambiguous after-market. (6 Q. (By Ms. Farrise) Okay. Understood. The (6) MR. EPSTEIN: Epstein. Join. (7 Memphis plant we discussed earlier, one of the three (7) MR. MILANFAR: Milanfar. Join. (8 that were there, would have been a parts distribution (8) MR. OSTERTAG: Vague as to time. (9 center. Do you recall that? (9) MR. EPSTEIN: Overbroad as well. (10 A. That's not correct. 10) A. Not all of them, no. (11 Q. Okay. There was not a parts distribution 11) Q. (By Ms. Farrise) And the time frame would (12 center at the Memphis location? (12) have been in the 1980s after you joined the company? (13 A. The -- (13) MR. OSTERTAG: No. That's vague and (14 MR. OSTERTAG: Beyond the scope. (14) ambiguous. Overbroad. (15 A. There would have been a parts distribution (15) A. I believe that--I believe all of those (16 center in Memphis. 16) locations were after 19 -- operated at least sometime (17 Q. (By Ms. Farrise) Uh-huh. (17) after 1980 --or 1979. (18 A. This is not that. 18) Q. (By Ms. Farrise) And you mentioned that not (19 Q. Okay. So -- okay. Other than Memphis, can 19) all of the parts distribution centers would have (20 you tell me where there would have been parts 20) distributed brake parts or brake shoes with linings. (21 distribution centers? 21) Which ones did and which ones did not, if you can (22 MR. OSTERTAG: Same objection. Beyond the 22) recall? (23 scope of the court's order. (23) MR. OSTERTAG: Same objection. Vague as to (24 A. Other than Memphis -- Columbus, Ohio. (24) time. Overbroad. And beyond the scope of the court's (25 Broadview, Illinois. Dallas. Baltimore. Atlanta. 25) order. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 41 (Pages 161 to 164) 161 163 (1) MR. EPSTEIN: Epsteinjoins. (1) documentation from which you can confer, such as (2) A. That's not exactly what I said. (2) industrial hygiene surveys, what kinds of after-market (3) Q. (By Ms. Farrise) Okay. (3) parts were carried in the various parts distribution (4) A. Your question related to vehicles. So then (4) centers? (5) not all of them distributed brakes for vehicles. (5) MR. OSTERTAG: I'm going to object. It's (6) Q. Okay. And by vehicles you mean something th at (6) vague and ambiguous. It's overbroad. It's beyond the (7) has a wheel? (7) scope of the court's order here. Overbroad--vague as (8) A. No. (8) to time. Lacks foundation. Calls for speculation. (9) Q. Okay. (9) A. I'm not sure I understand the question. I (10) A. By vehicles I mean something that has -- that (10) wonder if you could rephrase that. (11) drives on the road. (11) Q. (By Ms. Farrise) Sure. You mentioned that (12) Q. Okay. So that would include trucks from the (12) the various parts distribution centers in Dallas, (13) light variety all the way up to the heavy-duty, correct? (13) Edmonton, Burlington, Baltimore, Atlanta, West Chicago (14) A. That's right. (14) and Richmond, California, supplied -- carried parts for (15) Q. But could it also include other kinds of (15) vehicles, things that have wheels that go on the road. (16) things like tractors? Is that what you're saying? (16) And my question is, are there -- to your (17) A. Ah -- (17) knowledge, is there documentation that exists today as (18) MR. OSTERTAG: Same objections. (18) to, for instance, what companies or entities supplied (19) A. A vehicle -- I would not consider a bulldozer (19) those parts distribution centers with the products which (20) a vehicle. (20) they then sold or sent to International Harvester (21) Q. (By Ms. Farrise) Okay. Okay. So -- but it (21) warehouses? (22) still has wheels, correct? (22) MR. OSTERTAG: Lacks foundation. Calls for (23) A. A bulldozer? (23) the witness to speculate. Beyond the scope of the (24) Q. Uh-huh. (24) court's order. Vague and ambiguous. Overbroad as to (25) A. No. It has tracks. (25) time. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 162 164 (1) Q. So you're considering--are you considering (2) when you say vehicles things that have wheels that ca n (3) go down a road? I thought that's what you were saying (4) but then you said no. (5) A. It-- (6) MR. OSTERTAG: Objection. Vague and (7) ambiguous. (8) A. I consider vehicles something that would (9) travel on a road and be licensed as a vehicle. (10) Q. (By Ms. Farrise) Okay. That would include (11) the heavy-duty trucks, medium-duty, and what (12) International Harvester made in the early years, the (13) lighter trucks, correct? (14) A. That's correct. (15) Q. Does it includeanything else? (16) A. Not in my understanding of a vehicle. (17) Q. Okay. So as to those vehicles that we've just (18) described and these parts distribution centers, which of (19) them distributed parts for vehicles in the '80s and (20) after you started working for Navistar? (21) MR. OSTERTAG: Same objections. (22) A. Baltimore. Atlanta. Dallas. West Chicago. (23) Richmond, California. Burlington. Edmonton. (24) Q. (By Ms. Farrise) And is there somewhere (25) documentation still in existence today, if you know, or Aiken Welch Court Reporters T. Slavin 10-07-10 (1) MR. EPSTEIN: And Epsteinjoins also. Assumes (2) facts. (3) VIDEOGRAPHER: Everyone speak up a little bit. (4) It's kind of - (5) MR. OSTERTAG: Sure. (6) VIDEOGRAPHER: -- loud outside. (7) A. I do not have that knowledge -- knowledge of (8) whether that exists. (9) THE WITNESS: I need to take a break. Excuse (10) me. (11) MS. FARRISE: Oh, sure. Goahead. (12) VIDEOGRAPHER: We're going off the record at (13) 3:30 p.m. (14) (Recess taken at 3:30.) (15) VIDEOGRAPHER: We're back on the record. The (16) time is 3:32 p.m. (17) Q. (By Ms. Farrise) Okay, Mr. Slavin. Can you (18) tell me what Navistar, formerly known as International (19) Harvester, what kind of trucks were made at the Chatham (20) plant? (21) MR. OSTERTAG: Same objections as before. (22) A. Chatham made heavy-duty trucks and vocational (23) trucks, large trucks for cement mixers or whatever. (24) Q. (By Ms. Farrise) And is that Chatham, (25) Illinois, or some other location? Aiken Welch Court Reporters T. Slavin 10-07-10 42 (Pages 165 to 168) 165 167 (1) MR. OSTERTAG: Same objections. (1) Harvester dealers or - (2) A. Chatham, Ontario. (2) A. Yes. (3) Q. (By Ms. Farrise) In Canada? (3) Q. To your knowledge, sir--well, first of all, (4) A. Yes. (4) how do you know that the International Harvester parts (5) Q. Okay. The Fort Wayne, Indiana, plant, what (5) distribution centers distributed parts primarily to (6) size trucks did that location make? (6) International Harvester dealers? (7) A. They made heavy-duty trucks. (7) MR. OSTERTAG: Same objection. (8) Q. Okay. And then there was the Springfield, (8) A. That's what they do. That's what they still (9) Ohio, plant, which we already discussed which made t te (9) do today. (10) medium-duty trucks, correct? (10) Q. (By Ms. Farrise) And you mentioned earlier (11) MS. FARRISE: And let the record reflect that (11) that there were International Harvester dealers which (12) Mr. -- the other Navistar lawyer who is not here is (12) were other than independently owned. Do you recall (13) passing notes to Mr. Ostertag - (13) that? (14) MR. OSTERTAG: Sure. (14) MR. OSTERTAG: Same objections. (15) MS. FARRISE: -- since he is not participating (15) A. I may have said that, yes. (16) in the deposition. And Mr. Ostertag is reading it. (16) Q. (By Ms. Farrise) Okay. And it is true, isn't (17) Q. (By Ms. Farrise) Anyway, strike that. So is (17) it, that after you started working with Navistar (18) that three plants - (18) formerly known as International Harvester Company, you (19) A. I'm sorry - (19) became aware that International Harvester Company had (20) MR. OSTERTAG: Hold on. There is no question (20) dealerships for International Harvester vehicles, (21) pending. (21) correct? (22) THE WITNESS: I need to clarify--oh, all (22) MR. OSTERTAG: Same objection. (23) right. (23) A. Yes, there were some. (24) Q. (By Ms. Farrise) Sure--let me just ask a (24) Q. (By Ms. Farrise) Okay. And you've mentioned (25) question. What was made at the Springfield, Ohio, (25) that there were some. Do you have any estimate within Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 166 168 (1) plant? (1) the United States of how many International Harvester (2) A. Both medium and heavy-duty trucks. (2) dealers there were in the early 1980s before the company (3) Q. Okay. And in terms of where Navistar made (3) kind of went through some reconfiguration? (4) medium-duty trucks, other than Springfield, Ohio, to (4) MR. OSTERTAG: Same objection. (5) your knowledge is there any other location within the (5) A. No, I didn't. (6) United States where that operation occurred? (6) Q. (By Ms. Farrise) And at the International (7) MR. OSTERTAG: Same objections. (7) Harvester dealer, were there mechanics who were engaged (8) A. I'm sorry. Which -- I don't understand what (8) in International Harvester vehicle repair such as (9) operation you're referring to. (9) working on brakes and engines and clutches? (10) Q. (By Ms. Farrise) Medium-duty truck 10) A. I do not have any direct knowledge about that. (11) manufacturer. 11) Q. Okay. Well, do you have any indirect (12) A. I don't recall any other operation of 12) knowledge or basis of experience with the company that (13) medium-duty trucks that were made. 13) would allow you to have a basis of information other (14) Q. Okay. You mentioned that the parts 14) than where you get that information? (15) distribution centers distributed parts to International 15) MR. OSTERTAG: Vague. Calls for speculation. (16) Harvester warehouses. Did I understand that correctly? 16) A. I would speculate that those dealers would (17) MR. OSTERTAG: Misstates his testimony. 17) perform functions like other kinds of automobile and (18) A. No, that is not correct. 18) truck dealers. (19) Q. (By Ms. Farrise) Okay. To where did the 19) Q. (By Ms. Farrise) Were the employees of (20) International Harvester parts distribution centers - 20) International Harvester dealerships, which service (21) where were the parts distributed to, if you know? 21) International Harvester vehicles, were they under the (22) MR. OSTERTAG: Beyond the scope of the court's ( 2 2) responsibility of the Navistar industrial hygiene (23) order. Vague. Ambiguous. Overbroad. 2 3) department where you have worked during your career? (24) A. Primarily to dealers. 24) MR. OSTERTAG: It's overbroad. Vague. (25) Q. (By Ms. Farrise) Okay. International 25) A. I think we've been around this issue before. Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 43 (Pages 169 to 172) 169 171 (1) We provided--we meaning the industrial hygiene (1) Q. And when you mentioned the search for - (2) department, the safety department -- provided (2) MR. OSTERTAG: I have us at one hour. Can I (3) consultation service for people throughout the -- (3) ask a quick - (4) throughout the company. (4) MS. FARRISE: I'm sorry -- no, no - (5) Q. (By Ms. Farrise) Okay. And did that include (5) MR. OSTERTAG: We -- we had a one-hour time (6) the International Harvester dealerships which were not (6) limit. I would like to ask the videographer - (7) independently owned, but which were International (7) MS. FARRISE: No one anointed you the (8) Harvester Company now known as Navistar, Inc., (8) timekeeper. I'm in the middle of a question. The (9) dealerships? (9) videographer - (10) MR. OSTERTAG: It's asked and answered. (10) MR. OSTERTAG: We had a one-hour - (11) A. We would have provided policy, program support (11) MS. FARRISE: -- has not indicated that there (12) for those operations. (12) is -- at the end of one hour. And I'm simply getting (13) Q. (By Ms. Farrise) Okay. Asyousithere (13) ready to ask something that you don't want me to ask. (14) today, do you know one way or another whether or not (14) MR. OSTERTAG: Have we been on the record for (15) there were any industrial hygiene evaluations done at (15) an hour? (16) any International Harvester dealerships where (16) MS. FARRISE: You have wasted time with your (17) International Harvester vehicles were repaired and (17) objections, vague and ambiguous and other things, and I (18) maintained? (18) have some questions. Okay? (19) A. I do not have any knowledge of any surveys. (19) MR. OSTERTAG: Are we at--are we at one (20) Q. Okay. And my question was do you know --can (20) hour? (21) you confirm, for instance--one way or another, can yoL (21) VIDEOGRAPHER: I have 1 hour and 30 seconds. (22) confirm that they were never done? Can you confirm that (22) MR. OSTERTAG: Okay. (23) some were done? Or do you just not know one way or (23) MS. FARRISE: The videographer, who has gone (24) another? (24) on and off the record, is not the timekeeper here. I (25) A. I cannot confirm one way or another. (2 5) have some follow-up questions as to what the information Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 170 172 (1) Q. Okay. Would you be able to confirm or at (1) is in the documents. You will not let this witness (2) least--strike that. Would--strike that. (2 ) answer 10 more questions? (3) Would a review of the records, which you (3 ) MR. OSTERTAG: I will say that. (4) maintain either at the Chicago location or as part of (4) MS. FARRISE: Okay-- (5) the off-site 40 to 60 boxes which we have discussed (5) MR. OSTERTAG: The court gave you one hour. (6) earlier, contain any records of whether or not there (6 ) You've wasted that hour asking your questions. (7) were any industrial hygiene surveys -- or industrial (7) MS. FARRISE: No. You wasted that hour with (8) hygiene evaluations done at any International Harvester (8) your nonsense objections. So we will go off the record (9) dealer where repair work was done to International (9) because you are obviously suspending the deposition. (10) Harvester vehicles? (10) And we will ask the court, sending a rough transcript, (11) MR. OSTERTAG: Calls for speculation. Lacks (11) to resume the deposition at the cost of Navistar and (12) foundation. (12) Navistar, Inc. I'm sorry, Mr. Slavin, that the court (13) A. If the corporate industrial hygiene department (13) may order you to come back here and answer a few more (14) had done any such surveys, they would be in those (14) questions. (15) records. (15) VIDEOGRAPHER: This marks the end of the (16) Q. (By Ms. Farrise) Okay. And have you or (16) video-recorded deposition of Tom Slavin on October 7, (17) anyone, to your knowledge, undertaken a search of any (17) 2010, consisting of three videotapes. Weareoffthe (18) kind to determine whether or not any person who is (18) record at 3:42 p.m. (19) affiliated with the corporate industrial hygiene (19) (The deposition was concluded at 3:42 p.m.) (20) department of International Harvester ever undertook (20) (21) (22) such an evaluation of International Harvester dealers (21) where International Harvester vehicles were repaired? (22) (23) A. In the search for asbestos-related documents, (23 ) (24) if such an occurrence, if there were such a document, t (24 ) (25) would have surfaced in that search. (25) Aiken Welch Court Reporters T. Slavin 10-07-10 Aiken Welch Court Reporters T. Slavin 10-07-10 173 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 11) (12) (13) (14) 15) 16) SIGNATURE OF DEPONENT I, the undersigned, THOMAS JOHN SLAVIN, do hereby certify that I have read the foregoing deposition and find it to be a true and accurate transcription of my testimony, with the following corrections, if any: PAGE LINE CHANGE 17) 18) 19) 20) 21) 22) 23) (24) (25) THOMAS JOHN SLAVIN Aiken Welch Court Reporters T. Slavin 10-07-10 174 (1) STATE OF CALIFORNIA ) (2) ) ss. (3) COUNTY OF SONOMA ) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) I, DIANE DEARMORE, a Shorthand Reporter, State of California, do hereby certify: That THOMAS JOHN SLAVIN, in the foregoing deposition named, was present and by me sworn as a witness in the above-entitled action at the time and place therein specified; That said deposition was taken before me at said time, and was taken down in shorthand by me, a Certified Shorthand Reporter of the State of California, and was thereafter transcribed into typewriting, and that the foregoing transcript constitutes a full, true and correct report of said deposition and of the proceedings that took place; IN WITNESS WHEREOF, I have hereunder subscribed my hand this 15th day of October, 2010. (23) (24) (25) DIANE DEARMORE, CSR NO. 12736, State of California CSR NO. 4947, State of Texas Aiken Welch Court Reporters T. Slavin 10-07-10 44 (Pages 173 to 174) Page 175 A abatement 114:14 abex 5:9 8:4,18 able 31:9 56:10 125:10 149:4 170:1 aboveentitled 174:10 aboveground 55:21 abreast 60:18,22 absence 31:4 ac 154:9 accident 56:1 accommodate 128:15 account 52:17,17 77:9 accuracy 15:12 accurate 50:21 64:22 65:7 81:20 128:1 173:5 acquaintance 58:13 acquired 37:23 action 4:8 12:15 174:10 active 36:12,14 activities 31:24 64:15 136:3 137:5 138:21 139:7,8 activity 39:15 40:13 47:22 49:5 49:15 75:23,24 76:3 85:6 139:15 141:1 146:25 actual 43:25 128:2 128:5 154:2 add 54:16 added 141:18 addition 100:4 additional 39:2 115:6 124:21,24 127:4 128:14 129:15 131:7 142:4 address 25:17 66:24 addressed 68:1 88:22 114:19 adjustor 49:18 administration 44:16,22 admissible 75:10 advanced 12:15 advantage 23:21 adverse 45:10,19 advice 24:7 advisable 80:14 advocate 1:10 7:5 affairs 27:12 affiliated 170:19 affirms 83:17 aftermarket 159:14 160:2,5 163:2 afternoon 129:22 agencies 80:4 agent 2:13 12:11 agents 114:1 ago 10:18 55:24 74:1 115:18 144:11 147:2 agree 15:14 16:13 16:20 20:3 32:4 60:21 66:8 70:7 70:25 78:7,17 79:11 80:1 82:13 84:24 85:14 91:5 125:2 126:23 127:12 128:15,17 128:24 142:6 agreement 124:22 agricultural 34:11 136:13 155:17 ah 101:23 151:13 161:17 ahead 13:12,16 19:5 53:19 55:6 62:6 75:22 84:16 85:9 97:16 118:9 143:7 156:17 164:11 aiken 6:7 7:13 air 42:24,24 43:2 43:22 44:2 45:24 46:6 51:8 136:12 airborne 133:22,25 142:5 airplane 31:11 123:20 airport 122:1 123:21 al 1:10 7:5 alberta 159:2 160:1 aldridge 5:15 7:20 alert 80:12 82:10 allow 128:4 168:13 allowed 128:12 alpaugh 95:9,13,19 95:20 96:15,17,17 98:4,9,16,25 100:3,11,18 114:22 115:3,7 117:25 118:11 119:9 120:13,22 132:3,16 133:3,20 alpaughs 95:24 ambiguous 23:16 23:25 26:19 27:1 27:19 30:19 32:2 32:13 38:9 39:14 41:16,18 42:10 43:6 44:6,17,25 45:15 46:22 47:5 48:9,18 49:4 50:2 50:16 51:5 55:1 56:23 60:6,15,25 63:8 65:6,12 66:15 67:2,16 68:5,18 69:24 70:19 71:11 73:23 75:9 76:7 78:4,14 79:21 80:9 81:7 85:9 93:12,22 97:7,16 98:21 99:20 100:12 101:22 103:2 107:7,14 113:4 118:9 119:3 121:12 132:10 138:14 141:4 142:18 143:8,16 148:14 151:7 155:22 157:25 159:9,18 160:5,14 162:7 163:6,24 166:23 171:17 amended 2:15 18:13 24:11 american 32:7 107:24 108:22 amounts 80:24 81:19 analysis 43:10,13 angeles 4:15 5:21 12:15 annealing 133:23 annual 30:9 133:17 anointed 171:7 answer 13:16,24 14:1,2,3 70:23,24 86:5 87:5 97:17 109:12,25 110:11 111:10,25 114:15 115:12 172:2,13 answered 20:7 58:11 75:22 110:16 111:3,12 155:1 169:10 anybody 34:13 72:2,4 74:13 75:6 76:17 anyway 165:17 apologize 98:13 apparently 123:13 appear 9:8 77:24 78:15 89:9 109:6 126:14 127:17 129:14 appearance 9:14 appearances 4:11 5:1 6:1 appeared4:7 32:5 appearing 7:12,22 appears 21:15 22:1 78:5 90:9 91:3 application 124:24 applied 9:5,9 apply 9:21 applying 71:19 appointment 123:13 appreciate 151:10 appropriate 128:10 approved 84:20 134:7 approximately 7:8 10:20 16:24 27:13 27:15 37:20 38:4 48:24 139:4 147:1 april 133:18 arcing 83:16 area 34:14 52:6 60:13 69:14 71:17 75:13 120:19 121:11,23,24 122:3,4 areas 68:21,22 73:2 81:2,24 92:17 103:22 114:2 arent134:20 argumentative 11:13 54:16 55:1 57:7 69:22 78:24 79:20 84:15 85:22 86:15,18 91:12 92:23 93:23 113:14 130:21 arlington 122:2 arrangements 127:14 arranging 103:21 arrive 57:12 article 61:4 62:2 arvinmeritor 5:13 7:21 asbestos 3:10 10:12 42:9,11,17,21 43:2,18,22 44:2,4 44:8,10,14,22 45:5,12,18,23 46:9,13,15,19 47:2,19 51:9 53:14 54:7,22,23 55:13 56:18 57:4 57:5 59:14 60:3,3 63:3,5,20,21 64:6 66:25 67:13 69:21 70:13,15 71:8 72:7 74:13 76:19 Aiken Welch Court Reporters T. Slavin 10-07-10 Page 176 78:21,22 79:2,17 79:18 80:20,22 81:2,11,15,16,17 81:17,24 85:7,15 85:21 86:14 90:12 92:7 93:21 94:12 98:11,20 105:16 107:23 108:21 114:13 131:5,25 133:25 134:8 136:4,9,12,20 138:4,22 139:15 140:7,20 141:2,7 141:13,16,20,25 142:17 143:15 144:6 asbestoscontaining 72:21 138:12 140:25 asbestosrelated 83:6 89:21 170:23 asked 9:18 11:15 20:7 75:22 87:6 105:11,12 124:3 126:13,15 155:1 157:3 169:10 asking 52:1 86:19 130:1 172:6 asks 113:25 114:11 assembled 106:25 140:18 assemblies 80:21 83:14 85:5 157:8 assembly 136:15,18 138:19,20 139:10 140:8 141:19 148:1 149:5 assess 41:6 assessments 79:9 assigned 115:4 assistance 65:21 assistant 52:15 assisted 113:5 assisting 66:18 assists 65:13 associated 133:11 141:12,15 150:16 association 32:7 33:16,18,20,25 34:4,21,22,25 35:7,15,18,22 36:3,18 90:12 associations 35:3 assume 119:22 assumes 19:4 47:5 54:11 55:1 56:23 57:8 58:8,18 59:17 62:20 63:24 69:9 70:20 71:10 72:10,23 73:9 76:21 78:13 84:2 95:11 97:7 100:12 103:2 107:6 119:12 121:5 131:9 164:1 assumption 57:25 assumptions 52:1 57:11 72:14 atlanta 158:25 162:22 163:13 attach 140:16 attached 109:2 110:8,13 130:19 132:24 140:25 157:22 attachments 130:23 149:18 attend 9:6 attention 20:12 80:25 81:22 133:19 august 2:19 87:25 88:19 89:1,6 108:2,8,23,25 114:16 115:18 authored 61:14 auto 5:5 8:10 12:15 83:16 automobile 49:18 83:14 85:4 90:15 90:25 168:17 automotive 35:12 51:18 52:2 54:22 55:13 56:19 57:6 58:4 59:1,2,7,13 60:2,3 78:21 79:18 81:14 85:3 94:8,19 available 61:11 79:15,23 80:2 81:3,4 91:8 123:14 125:2 127:15 142:22 avoid 94:10 avoiding 92:17 93:18 aware 34:4,8 54:21 55:22 59:24 61:17 64:4,17 73:10 82:11 85:2,18 87:5 95:4 122:15 122:20 134:20 135:2,6 148:5 167:19 awareness 120:17 axle 140:16 141:19 axles 136:18 140:17 B bacci 115:8 122:5,5 122:5,15 baccis 123:2 back 31:1 34:20 39:23 40:8 51:22 51:23 54:15 58:9 58:16 61:6 63:13 63:15 67:4 73:6 87:15 90:10 93:3 93:4,10 98:13,14 101:20 111:7,14 127:6 128:14 129:21 130:13,17 140:3 147:13 156:11,12 164:15 172:13 background 38:14 51:2 153:25 156:5 baker 4:22 ballpark 61:16 baltimore 158:25 162:22 163:13 bar 9:21 based 15:9 72:14 80:1 91:15 106:18 106:19 124:5 basic 93:19 basically 124:7 129:2 basis 28:15 29:6,24 30:9 58:11 65:10 66:2 67:21 126:20 168:12,13 bates 77:21 88:16 bc431525 12:16 bears 77:21 88:16 becherer 5:7 beckley 5:19 8:6,7 beer 41:25 began 51:10 114:22 beginning 87:16 114:18 129:19 begins 7:2 behalf 7:12,15,17 8:2,4,7,10 9:12,13 18:16 19:11,24 32:7,12 beings 42:21 45:13 belief 143:10 believe 8:15 10:16 21:5 37:6 39:7 49:15 51:6 53:24 55:15,25 56:9 61:25 64:1 68:21 73:18 74:3 82:22 83:21 95:3 97:9 97:24 98:1 102:18 108:8 117:1,2 121:17 124:21 136:5 137:1 145:3 160:15,15 best 15:5 46:3 87:20 bevelling 83:15 beyond 91:18 136:22 147:10 148:15,25 150:5 151:8,24 152:5 153:2,15 154:5,17 155:1,25 156:20 158:1,14,22 159:11 160:24 163:6,23 166:22 big 36:14 billy 1:6 7:4,16 biometrics 88:22 bit 91:18 164:3 black 115:1,2 127:11 149:17 blackandwhite 130:23 131:18 blank 131:3,24 blowout83:13 85:4 board 28:16,20 29:3 30:11 body 81:2,24 books 147:22 borgwarner 5:2 7:18 bottles 43:13 bottom 134:12 boulevard 4:14 5:20 box 104:13,18 105:8 145:25 146:1 147:1,15 boxes 101:11 102:15,20 103:5 103:25 104:18,19 104:23 105:4,6,13 105:14,23 106:3,4 106:9 107:2 137:23 139:18 144:15,23,25 145:8,20 146:1,4 146:16 147:7,8,12 170:5 boxfull 146:2,3 brake 59:2 80:21 81:14 82:18 83:6 83:14,15,15,16 85:4,5,16,20 86:12 89:21 90:15 90:25 92:7 94:19 134:1,13,21 135:6 135:7 136:17 138:3 140:14,24 141:6,11,18 142:15 143:1 148:4,13 157:8,8 157:22 160:2,20 Aiken Welch Court Reporters T. Slavin 10-07-10 Page 177 160:20 brakes 59:14 60:3 85:3,21 135:3,6,6 135:11 138:3 141:10 155:19 157:8,17,22 161:5 168:9 break 31:11,13 39:17 127:5 129:25 132:25 139:22 164:9 breathing 44:3 brittany 6:7 7:11 broad 61:1 broadview 158:25 brown 5:3 bruce 18:17,23 108:25 brydon 5:11 8:4 building 26:12,14 26:21 40:2 75:16 140:16 bulk 46:8,12,13,16 46:19 47:3 bulldozer 161:19 161:23 bunn 25:11,13,14 25:25 27:22 61:18 61:18,20 62:1,10 62:12,17 63:2 burlington 159:2 162:23 163:13 burnham 5:3 business 25:15,17 30:4 31:25 52:6 69:14 144:22 buty 6:3,4 8:1,1,1 8:20,20 36:8,8 84:6,6 C cabinets 101:9 calculated 75:9 california 1:1 4:6 4:15,19 5:4,8,12 5:16,16,21 6:5 7:6 7:109:1 15:18 22:21 31:7,17 127:7 159:1 162:23 163:14 174:1,7,14,23 call 124:10 127:13 called 15:1 calls 20:8 48:18 56:22 58:7,17 59:17 60:7 62:21 63:24 69:9,23 71:9 72:11 73:8 76:7,22 91:11 98:22 103:9 107:5 118:8 120:3 121:6 132:11,12 138:15 141:22 149:10 154:4 155:24 158:2 159:11 163:8,22 168:15 170:11 campus 26:13,16 canada 154:12,15 154:25 160:1 165:3 cancel 32:9 cancer 81:1,23 124:2 candi 154:8 candiac 154:7,15 154:25 cant29:22 70:23 71:18 72:13,25 86:4 89:12 99:5 123:22 canton 150:1 155:6 155:7,14,21 capability 51:10 capable 46:17 47:2 123:19 capacity 19:24 25:6 51:8 82:13 92:3 151:12 caption 7:4 career 65:9,16 154:23 168:23 carlisle 5:178:7,19 carlos 4:13 125:8 carried 163:3,14 case 7:4,5,7 9:9 11:10,14,23,25 12:15 23:15,22 45:8 82:15 94:2 113:15 cases 46:3 82:17,23 83:1 90:14,24 101:4,11 106:13 cassette 43:19 castle 108:1,20 catalogued 103:25 146:7,11 cataloguing 101:19 146:15 categorized 78:11 caterpillar 117:9 117:11 cause 4:9 44:23 45:4,13 83:1 150:22 caused 42:9,16 142:16 caution 14:18 ceased 124:1 cell 82:3,5 109:19 cement 164:23 center 3:10 4:18 53:10,22 88:19 106:24 107:12 111:24 112:12 131:6 132:1 158:9 158:12,16 159:6 centers 135:16 158:21 159:25 160:19 162:18 163:4,12,19 166:15,20 167:5 central 132:13 century 5:20 ceo 29:2,4,11,25 30:5,6 ceos 29:11,14 certain 42:22 43:11 45:12 52:6,6 58:21 80:14 95:5 104:5 117:4 145:18 152:7 certainly 39:18 46:25 56:6 81:20 82:4 89:10 123:18 125:15 126:9,10 certification 32:22 33:1 47:1 certified 4:5 32:20 39:5 51:3 174:14 certify 173:4 174:7 cetera 114:9 cgc10275528 1:8 7:7 chain 3:8 55:7 57:10 chaining 71:12 chairmen 3:15 153:20 chance 77:16 change 21:4 24:5 86:8 128:10 173:8 changed 16:10,12 87:22 100:23 changes 14:16,20 14:22,23 103:14 characterize 71:18 91:16 charge 50:13 116:2 chase 126:13 chatham 156:9,19 157:7,23 164:19 164:22,24 165:2 chemicals 135:25 chicago 25:16,19 25:20,23 26:9,11 26:12 27:9,14,14 31:17 40:2 75:17 96:9,20 97:6,14 97:20 104:14,23 105:24 112:23 113:8 120:19 121:11,23 151:19 151:23 153:7,11 159:1 162:22 163:13 170:4 choose 127:22 christina 5:10 8:3 chromium 133:23 chronology 37:17 chrysler 35:17 cih 132:3 cinco 5:10 8:3,3 55:5,5 81:8 82:21 82:21 84:4,4 circumstances 124:3 125:17 128:16 129:7 145:14 citations 106:13 cite 82:23 cited 82:17 83:1 city 4:23 121:16 claim 10:12 48:11 claims 48:6 49:16 49:18,24 clarification 24:8 clarifies 111:16 clarify 110:22,25 118:24 165:22 classroom 39:1 cleaner 53:13 92:18 cleaning 92:17 93:17 clear 14:9,20 30:14 126:18 clearer 12:21 clearly 80:15 124:6 client49:6,22 52:8 clientele 41:22 clients 39:16 40:15 40:20,22 41:3,14 47:23 48:4,7,15 49:1,9 50:6,14,20 52:4 57:14 59:23 80:12 92:6,14 close 115:13 139:6 closed 137:9 closely 89:17 closings 119:23 clothing 42:3,3,4 92:19 93:18 94:11 clutch 59:2 80:21 94:19 clutches 59:15 60:3 168:9 coaching 156:15 coauthor 61:18,20 coauthored 61:14 codes 56:8 Aiken Welch Court Reporters T. Slavin 10-07-10 Page 178 coherent 70:24 colleague 88:22 collect 43:15,19 collection 146:6 collision 49:18 columbus 158:24 combine 112:16,17 come 31:19 102:21 127:5 128:14 136:1 140:21 141:13 154:24 155:3 172:13 comes 61:6 coming 30:25 comma 18:12 20:17 80:21 88:20 commencing 4:4 commented 14:23 comments 156:14 commercial 26:12 26:14 40:2 committee 3:15 28:15,19,23 29:2 29:5,9,15,24 153:20,25 committees 36:12 communicate 90:5 communicated 85:18 communicating 84:12 85:2 91:6 91:19,22,23,25 92:5,9,12 communication 94:20 communications 126:24 companies 5:9 8:5 17:6 35:12 40:23 51:18 52:2 163:18 company 16:18,22 16:25 17:12,14 19:1 30:16 31:25 33:2,7,14,24 34:5 34:6,9,18 35:13 36:22,24 37:9,20 38:3,16 39:10,13 40:10,24 41:11,13 41:14 42:8,15 43:5,22 44:14,21 48:4,14 49:1,9,18 50:9,1051:11,17 51:19 52:11,25 53:7 54:1 55:12 56:18 57:4,14,22 58:2 59:10,22,24 63:1 64:4,20 65:18 66:3,12 67:10,11 69:7,16 69:18 70:8 71:3 73:2,21 74:9,14 74:16,22 75:6 77:20,23 78:2 85:2 87:6,8 88:16 94:22 95:7,14,25 96:16 97:3,5,11 99:10,14 100:4,9 100:16 105:15 106:11,22 107:13 108:22 111:2 113:2 115:24 116:22 119:11 122:12,18,22 126:14 128:3,4,6 132:19 134:20 137:8 153:5 154:1 159:8 160:12 167:18,19 168:2 168:12 169:4,8 companys 28:10 96:20 99:9 100:19 compared 13:1 compel 3:6 124:17 compensation 48:5 49:6,11,16 complete 113:22 compliance 19:2,25 114:8 127:24 comply 56:7 component 135:4,7 components 72:21 compound 34:7 36:9 37:21 58:7 60:5 65:5 70:18 71:11 72:11 76:6 85:8,22 92:23 93:11 comprises 29:5 concentrations 83:13 concept 17:10 concern 30:16 83:2 107:11 141:10 142:16 143:2 concerned 47:16 54:6 55:24 56:18 86:14 144:6 concerns 54:22 69:3 118:25 concluded 14:22 172:19 conclusion 124:20 conclusions 80:15 conduct 51:8 59:11 76:5 105:12 conducted 63:3 76:13 98:25 99:14 99:17 100:11,19 101:1,3,8 136:4 139:8 143:14 conducting 49:2 59:25 64:21 conducts 76:9 confer 23:13 88:23 124:22 163:1 conference 32:6 confidential 133:2 confined 91:9 confirm 23:4 132:6 169:21,22,22,25 170:1 confirmed 23:3 conflict 70:25 connection 10:22 49:15 89:9 150:16 157:19 consequences 13:6 44:24 45:13,19 consider 9:7 27:20 129:14 161:19 162:8 considered 27:17 considering 162:1 162:1 consistent 20:4 54:8,17 77:25 consisting 172:17 constitutes 174:16 constructed 12:4,5 construction 11:25 114:7 consult 23:13,21 24:2 consultant 95:8 98:19 132:3 consultation 24:7 120:11 169:3 consulting 95:12 135:24 contacted 125:1 contain 79:1,7 105:6 106:3 143:11 170:6 contained 23:4 72:21 78:18 80:10 84:17 91:23 93:14 107:9 138:4 141:7 141:16,20 145:8 148:6 containing 59:14 78:22 79:18 85:21 106:5 146:16 contamination 92:20 93:18 94:11 context 11:3 34:2 38:6 55:13 57:5 67:6 159:7 continue 87:19,21 123:22 125:20 127:20 128:5 continued 5:1 6:1 98:9,18 continues 65:21 115:22 continuously 101:15 continuum 47:9 contractor 12:1,2 contracts 153:9 control 5:18 8:8 38:12 40:21 41:6 41:20 54:19 85:15 88:19 93:15 149:19 controlled 44:24 85:6 controlling 83:18 controls 142:4 converted 145:21 conveyed 89:13 coordinator 33:23 34:3,24 cop 13:21 copied 145:22,23 copy 22:12,13 52:22 77:4 88:9 88:10 100:1,16 corner 53:1 153:21 corp 17:3 corporate 9:11 17:25 18:7 19:2 19:25 26:1 27:23 28:3 41:3,3 65:3 65:10 66:2,13 67:12 68:8 96:20 97:13,20 100:2 101:12 114:1,20 114:23 126:17 127:24 128:7 170:13,19 corporatelevel 68:1 corporation 5:2,14 5:17 7:18,21 8:7 9:13 16:4,5,8 17:1 17:4 24:23 28:21 35:17,21 103:11 103:17,24 107:25 correct 11:9,21 15:15,16,18,19,23 15:24 17:12,13 20:21,22 22:22 23:6,15,24 24:14 25:3,5 27:24 28:1 30:13,17 32:1,3,8 34:16 38:23 39:13 40:7,10,11,16,17 40:25 41:1,7,8 43:1 44:5,16,18 44:24 45:14 46:1 47:4,20 49:11,19 Aiken Welch Court Reporters T. Slavin 10-07-10 Page 179 49:20 50:1,14,17 50:22 51:4,12,13 51:19 55:14 56:20 57:16 60:4,19,23 61:11,12,24,25 62:19 63:23 64:21 65:4 67:1,14,17 67:22,24 73:17,22 74:4 76:2 80:5 81:6 82:20 83:8 83:10 84:1,13,21 84:22 85:7 90:8 91:1,10,21 92:8 92:21 93:21 96:20 96:25 98:3,5,6 102:6 105:1,2 107:13,16 112:7,8 112:11,13,14,21 115:16 117:19 118:3 119:24 120:9,12 129:23 132:20,21 134:22 137:13 138:4 139:12,13,19,20 141:5 142:10 143:3 144:7 147:2 147:3 149:6,7 151:19,20 158:10 161:13,22 162:13 162:14 165:10 166:18 167:21 174:17 correction 96:24 corrections 173:6 correctly 22:25 56:12,14,15 83:19 83:21 90:2,17,18 110:16 111:4,12 115:12 166:16 correspondence 106:15 cost 172:11 cotton 112:18,19 couldnt 134:3 counsel 7:13 20:19 52:20 77:5 88:23 108:7 129:5 counted 134:3 counterpart 118:11 119:8 county 1:2 7:6 12:15 108:1,20 174:3 couple 12:22 16:10 16:13 108:5 109:14 course 18:2 69:16 court 1:1 6:7 7:6,11 7:13 9:10 12:25 13:2,8 14:5,10 51:21 58:15 93:2 106:13 107:25 108:19 124:23 125:2 126:6,6,7 126:19,21,24 127:14,19 128:18 129:15 172:5,10 172:12 courts 125:1 148:15 149:1 150:6 151:8,25 152:5 153:16 154:6,18 156:21 158:1,23 159:11 160:24 163:7,24 166:22 cover 48:5 131:6,24 coverage 48:13,25 49:7,10 coverages 49:14 covered 42:12 95:3 cowden 4:22 coworker 52:10 53:21 crane 107:24 108:22 create 143:10 created 102:12 104:9,24 114:25 122:23 143:3,24 144:17 145:9 credit 62:2 csk 5:5 8:10 csr 1:20 174:23,23 curliano 6:4 8:2 current 15:25 17:19 24:19,20 61:5,19 100:21,23 100:24 110:19 115:9,15 currently 16:2 17:20 31:4 73:3 115:25 117:23 124:2 customers 81:5 82:10,15 159:14 cut 126:13 D dallas 158:25 162:22 163:12 damage 10:13 dan 30:7 115:7 116:19 dana 5:9 8:5 data 91:18 date 7:7 48:20,22 48:23 115:17 dated 18:15 52:23 88:19 125:7 133:1 149:15,16 dates 17:9 day 4:4 31:15 174:20 days 32:12 115:18 dealer 57:18,21 58:20,25 59:5,10 59:22 64:7 77:11 78:12 79:13 82:16 82:20 83:4,11,25 84:12 90:5,22 91:7 92:5,15 168:7 170:9 dealers 59:11 63:21 64:12,19,20,23 166:24 167:1,6,11 168:2,16,18 170:21 dealership 55:22 77:11 78:12 79:14 82:16,20 83:12,25 84:13 90:6,22 91:7 92:6,15 dealerships 55:14 56:7,19 57:6,16 57:19 58:4,21,23 58:25 59:5,6,8,13 63:5 64:13 167:20 168:20 169:6,9,16 dealing 47:19 dealt 106:24 dear 53:11 88:22 dearborn 53:10 dearmore 1:19 4:5 7:12 174:6,22 decade 154:14 155:14 deceased 117:1 december 2:17,18 52:24 53:23 54:5 55:11 56:17 77:6 78:20 84:1 90:6 92:4,13 declaration 2:14 12:13 21:8,8,22 22:19 23:5,10,12 24:17 28:14 118:22 120:6 declare 22:20 deem 14:17 defend 9:15 defendant 2:21,23 4:16,20 5:2,5 6:2 107:21 108:17 123:15 defendants 1:11 2:16 5:9,13,17 18:14 delaware 108:1,20 deliberately 154:18 delivered 147:15 demonstrated 123:18 125:19 demonstrates 128:1 denoted 132:2 department 27:4 27:12 39:17 40:15 59:23 63:23 64:3 64:14,24 65:2,9 65:13,20,24 66:1 66:6,12,17,21,23 67:7,10,21 68:3 68:10,11,12 69:6 70:9 71:2,22 72:3 72:18,25 74:20 75:1,3,21 88:17 89:2 97:3,4,11,12 97:13,20,23 100:3 100:7,16,20,21,22 100:23,24 101:3 101:18 102:1,8,14 102:21,24 103:13 103:16,17,20,24 104:24 106:11 112:23,24 113:7 114:25 115:4,21 115:22 116:1,2,4 116:5 118:13,16 118:18,20,23,24 120:9 122:6,16,19 122:20 132:18 133:23 143:24 144:18,19 145:10 145:17 146:5,18 146:21,21 147:8 148:10,21 168:23 169:2,2 170:13,20 departments 27:9 146:22 depending 44:11 127:18 depends 70:22 94:1 deponent 124:5,7 173:1 deposed 10:15 11:11,19,24 123:17 deposing 124:21 deposition 1:16 2:12 3:6 4:1 7:3,9 9:6,7,15,15 10:6 11:8 12:10,19 13:21 14:8,14,15 14:21,21 16:21 18:12 22:11 87:17 124:5,14,17,25 125:11,14,16,20 126:11 127:7,13 127:20 128:12 Aiken Welch Court Reporters T. Slavin 10-07-10 Page 180 129:20 132:17 143:21 159:12 165:16 172:9,11 172:16,19 173:4 174:9,12,17 depositions 10:21 10:25 des 122:2 describe 37:16 140:12 147:18 151:2 159:5 described 17:8 33:8 40:12 106:6 162:18 description 70:3 71:19,21 73:11 74:16 105:3 108:6 147:19 design 76:14 designation 37:15 52:25 designed 134:9 desired 23:20 despite 12:25 detailed 105:3,5 determination 102:7 determine 44:3 45:6,22,25 46:4,4 46:5,9,14,19 47:2 47:7 50:9,13 59:12,25 63:3,20 64:5 66:23 69:19 76:17 105:13 143:14 170:18 detroit33:13 34:20 36:18 53:8 developing 66:19 78:6,16 development 57:18 57:21 58:20,25 59:5,10,22 77:11 78:12 79:14 81:1 81:23 82:16,20 83:5,11,25 84:13 84:23 90:6,22 91:7 92:6,15 developments 61:2 develops 103:12,14 diac 153:24 diane 1:19 4:5 7:12 109:23 174:6,22 didnt8:13 46:6 47:13 48:21 52:3 126:22,23 144:3 168:5 diego 31:21 125:11 different 16:5 30:4 41:17,21 48:13 74:21 85:14 87:7 123:22 difficult 85:25 direct 20:1,1,12,19 29:2,12,14,17,25 30:5,10 31:16,18 43:11 89:13,19 108:5 133:19 168:10 directed 63:22 144:2 152:17 directly 25:2,6 29:3 29:4 31:10 62:1 86:22 91:25 102:4 106:19 director 24:21 28:3 28:6 67:20,23 88:20 114:12,20 153:4 directors 28:16,20 29:4 30:11 114:24 disagree 126:4 discontinued 134:5 134:14 discovery 20:23 75:9 127:23 130:6 130:12,15 discuss 53:12 discussed 51:8 146:8 158:7 165:9 170:5 disease 83:6 88:19 89:21 dislodged 141:2 dispute 19:17,19 disputing 20:9 disseminated 87:1 distinguish 47:10 47:13 distribute 159:13 distributed 159:24 160:20 161:5 162:19 166:15,21 167:5 distribution 3:10 106:23 107:12 111:24 112:12 131:5 132:1 135:16 158:8,11 158:15,21 159:6 159:24 160:19 162:18 163:3,12 163:19 166:15,20 167:5 distributors 42:3 divisions 74:21,24 doc 130:18 doctor 62:3 document 21:10,20 22:6,16,17 23:23 24:5 52:22,23 53:7,19 54:4,17 56:22,24 77:20,25 78:5,8,11,15,18 78:25 79:1,4,12 79:22 80:9,15,19 84:16,18 88:15 89:16 90:20 92:1 92:1 93:13 94:14 94:16,21 95:4 113:22 114:10 130:18 131:3,10 131:15,23 132:7 132:25,25 133:5 133:20 134:24 137:17,20 143:13 149:15 170:24 documentation 142:8 162:25 163:1,17 documents 25:22 101:20 102:20 106:7,8,10 107:2 107:9 109:2,3 110:13,14 122:22 122:23 123:2 130:18 137:22 143:23 144:11,12 144:16,17 145:7,8 145:18,18 146:4 146:16,20,23,25 147:1,7,12 170:23 172:1 doesnt 105:7 109:5 117:17 149:9 153:11 doing 50:18,25 51:24 52:7 59:13 60:2,9 64:7 72:8 78:21 79:17 85:19 86:12 87:6 90:25 94:8,19 127:18 dont 8:17,22 11:15 22:3,9 24:1 28:7 29:16 42:18 46:12 46:16 47:10 48:10 51:24 52:7 53:2 55:15 56:24 57:9 57:9,11 58:10,12 59:18 60:9,13 61:3,4,4,7 64:1 67:5 70:25 71:18 74:5 86:3,6 89:15 93:2 94:13,14,21 94:24 104:16 105:25,25 108:13 108:14 120:24 122:11,25 123:1 126:12 136:25 138:7,10,17 141:25 142:21,23 144:13 146:13 150:12 152:14 166:8,12 171:13 downtown 26:11 27:8,14 40:2 96:20 97:6,20 dozen 61:16 dr 25:11,13,14,24 27:22 61:18,20 62:1,10,12,17 63:2 94:23,24 95:2,4 98:1 114:20 draw 80:14 draws 72:13 drives 161:11 drum83:14 85:4 duly 4:8 duration 65:16 127:1,1 dust 43:15,17,19 54:19 78:21 79:17 80:20,24 81:3,13 81:19,24 83:12 141:14 dustin 5:19 8:6 dynamite 41:25 E earlier 33:9 132:16 146:8 158:7 167:10 170:6 early 116:24 162:12 168:2 easier 125:12 easily 56:10 126:16 edmonton 159:2 162:23 163:13 education 38:14 88:18 89:2 edward 95:8,15 edwin 95:16,17,19 95:19 98:4 114:22 115:3 effect 13:5 15:1 45:10 effectively 83:18 85:6 effects 14:25 59:12 60:1 effectuate 66:24 67:6 efficient 134:11 eggum 98:1,2 114:21 eight 37:19 either 10:11,25 69:17 72:2 91:17 103:15 127:17 137:24 139:8,17 Aiken Welch Court Reporters T. 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Slavin 10-07-10 Page 182 124:10 127:25 128:6 facts 19:4 47:6 54:11 55:1 56:23 57:8 58:8,18 59:17 62:20 63:24 69:9 70:20 71:10 72:10,23 73:9 76:21 78:13 84:2 95:11 97:8 100:13 103:3 107:6 119:12 131:9 164:2 fafd0006365 88:16 fafd007110 77:21 fair 27:16 51:6 62:19 81:10,17,25 fairly 63:10 false 124:6,8 familiar 18:22 36:13 73:1 82:24 95:1,6 129:5 150:4 familiarity 133:11 150:14 familiarize 53:3 77:12 108:4 family 34:13 far 46:15 47:15 66:5 farag 12:14,14 23:15 farm 157:1 farmall 151:16 farrise 2:4 4:13,14 7:15,15 8:12,17 8:23 9:3,20 10:1 11:8,14,17,19 12:7,18 13:13,19 18:6,11,22 19:7 20:10 22:7,10,15 22:17 23:18 24:3 26:20 27:3,8,22 28:2,9 31:1 32:4 32:15 33:14,21 34:10 35:5,13 36:16 38:1,13,20 39:18,25 41:17,23 42:13 44:9,19 45:11,21 46:7,25 47:17 48:12,24 49:8,17 50:5,18 51:7,21 52:9,19 53:20 54:14,20 55:10 56:25 57:13 57:20 58:1,14,22 59:9,20 60:10,20 61:9 62:10,17,24 63:14,17 64:2,18 65:8,15 66:20 67:7,18 68:6,11 68:25 69:15 70:4 70:6 71:2,20 72:1 72:16 73:3,12,25 74:4 75:15 76:1 76:11,25 77:3 78:7,17 79:11,25 80:7,18 82:12 83:3 84:9,19 85:13 86:7,9,16 86:21 87:10,18 88:2,7,10,14,25 89:18 90:21 91:5 91:19 93:2,9,16 94:6 95:13 97:10 97:19 98:2,15,24 99:7,25 100:15 102:3 103:6,13,23 107:10,15,18 108:12,16 109:10 109:25 110:5 111:15,18,21 113:7,16 117:12 118:13 119:6,15 119:17 120:5,25 121:9,15,21 123:9 123:12 124:16 125:6 127:3 128:25 129:4,9,13 129:22 130:5,9,11 130:14,22 131:12 131:21 132:5,15 133:8 135:5 137:4 138:9,18 139:24 140:5 141:8 142:2 142:23 143:12,18 143:20 147:17 148:20 149:3,11 149:23 150:8,13 150:21 151:2,5,13 151:22 152:2,8,11 152:14,15,22 153:6,10,18 154:8 154:13,21 155:6 155:10,13,19 156:3,14,17,23 157:4,16 158:6,17 159:4,15,23 160:11,18 161:3 161:21 162:10,24 163:11 164:11,17 164:24 165:3,11 165:15,17,24 166:10,19,25 167:10,16,24 168:6,19 169:5,13 170:16 171:4,7,11 171:16,23 172:4,7 february 17:4 federal 56:8 114:8 feedback 109:20 feel 87:18 feet 127:10 fell 56:1 fiber 47:7,10,13,15 47:15 fibers 133:25 134:2 134:8 141:2 field 39:2,2,4 50:24 60:23 61:1 72:9 figure 24:16 144:4 file 101:9 131:16 files 77:22 100:4 105:9 106:15,16 106:17,19 107:9 144:17 148:6 filter 43:19 134:2 filters 43:14,16 final 133:17 finally 17:4 find 20:2 88:12 147:24 173:5 finding 148:18 findings 99:13 142:9 finish 11:5 fire 37:14,24 48:2 firm4:14 5:20 first 4:8 10:4 17:15 20:21 21:9 22:5 33:5 37:17 52:2 52:20 53:2,14 55:18,18 56:12 64:24 80:19 81:10 83:19 89:20 90:16 93:8 95:1,4,19 109:11 115:11 122:6 130:22 133:9 134:15 138:19 140:7 141:5 149:25 153:23 167:3 fishing 126:8 fit 73:11 fits 74:16 five 74:4 105:21 flight 31:14,18 floor 4:19 5:4,12,16 flown 127:6 focus 140:19 focused 30:15 49:6 81:1,23 focusing 104:22 folks 125:13 152:3 follow 14:4 60:11 60:17 132:1 142:4 149:9 following 63:11 76:23 81:2,24 85:11,25 114:2 173:6 follows 9:25 followup 171:25 food 41:24 force 13:5 49:10 119:21 ford 35:13 51:18 52:5,6,17,24 53:9 53:22 57:16,18,21 57:22 58:3,4,20 58:23,24 59:5,10 59:10,11,13,18,22 59:24 77:11,20,22 78:12 79:13 82:15 82:19 83:4,11,25 84:12 88:15 90:5 90:22 91:7 92:5 92:15 126:14 foregoing 22:22 173:4 174:8,16 forklift 157:15,17 157:18 forklifts 135:9 form 14:14 17:24 18:2 113:18 115:25 formal 17:7 98:8 format 145:21,22 formerly 10:23 16:17,18,23 24:22 62:25 64:3 65:17 66:11 67:9 68:12 73:16,20 74:9 85:1 98:10,17 99:1,8 112:3 115:23 118:15 130:7 145:10 146:5,18 147:9 159:7 164:18 167:18 formula 46:15 fort 75:24 76:11 156:19 157:7,23 165:5 fortune 42:2 forward 12:21 14:9 125:4 found 77:22 foundation 20:8 28:4 35:2,9 36:9 47:6 48:9,18 49:4 49:12,13 50:2,15 53:19 54:11 55:2 56:22 57:24 58:6 58:7,17 59:4,16 60:6 62:8,15,21 63:25 64:10 69:9 69:23 70:19 71:9 72:11,24 73:9 76:8,22 78:4 81:8 Aiken Welch Court Reporters T. 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Slavin 10-07-10 Page 188 meuser 150:10,14 151:14 michigan 36:18 53:8,10 96:14 middle 10:4 114:17 171:8 milanfar 5:6 8:9,10 55:4 84:5,5 160:7 160:7 mill 148:3 milling 134:1,5,6 134:14 148:12 mind 11:23 150:2 mines 1:10 7:5 81:15 minimizing 92:19 minutes 128:23 misleading 124:8 misrepresentations 128:18 missed 98:12 missing 132:13 missouri 4:23 misstate 93:6 misstates 13:12 54:10 56:21 57:17 66:16 69:8 70:20 78:24 80:9 84:15 92:24 113:3,13 141:4 142:19 143:5,7 166:17 mixers 164:23 mobile 135:8 modification 48:25 moment 31:2 53:3 77:12 87:21 108:4 113:17 123:5 monitor 44:8 monitors 103:12,14 montgomery 7:10 month 31:22 143:21 144:8 monthly 28:15 29:6 29:24 morning 7:2,19 8:3 8:6,9 125:12,19 moscato 115:8 117:12,13,18,21 118:1,4,6,10,14 119:7,7 120:15,18 120:20 121:4,10 121:23 motion 3:6 5:18 8:7 124:17,18 motor 33:15,17,25 34:3,21 35:7,13 35:14,17,22 36:2 36:17 51:19 52:25 57:22 59:10,22,24 77:20,23 88:15 126:14 motors 35:21 mountain 144:25 145:1,4,6 move 12:20 14:9 70:4 138:19 141:9 multi 85:11 multiple 35:3 multitrail 86:2 muscato 117:12 music 8:21 mutual 36:22,24 37:1,5,9,20 38:3 38:16,18,22 39:10 39:13 40:8,14,15 40:22,24 41:14,22 41:24 42:5,7,15 43:5,21 44:14,20 45:2 47:25 48:3 48:14 49:1,8,14 49:23 50:9,12,20 51:1,16 52:3,10 53:7,18 54:1,7 55:12 56:17 57:3 57:14,15 58:1,19 58:20,24 59:21,23 60:11 77:7 78:1 80:13 81:5 82:14 82:15 83:24 84:11 89:14 91:10,21 92:2,4,7,14 ________ N name 10:2,4,5 17:7 22:2 23:19 24:9 69:17 72:4,18,25 100:23 117:20 123:2 152:20 154:3 named 95:8 174:9 names 16:10,11,12 17:11 29:23 150:11 narrow 87:4 137:2 narrowly 30:15 nashville 32:6 nasseem 12:14 23:15 national 79:3 89:3 nationally 30:16 nature 11:10 14:17 14:23 50:11 navistar 2:12,15,21 2:23 3:7 4:16,20 7:23,24 8:25 9:14 10:22 11:12 12:3 12:4,5,10 15:2,21 16:4,4,5,6,7,8,14 16:15,19,20,23 17:1,2,5,6,16,23 18:12,16 19:11,12 19:21,24 20:13,15 21:2 23:14,22 24:20,21 26:2,20 26:23 27:10,14,18 28:17,20 29:6,25 30:11 32:12 33:2 33:6 40:3 61:21 62:25 63:23 64:3 65:9,17 66:2,11 66:23 67:9,21,24 68:2,12 69:1 70:11 71:4,16 72:18 73:4,6,16 73:20 74:7,8 75:3 76:5,9,12,16 84:25 87:4 95:7 98:5,8,10,17 99:1 99:8 100:8,10 101:1,8,18 103:17 106:22 107:22 108:2,18,24 112:3 114:15,18,25 115:23 116:13,15 116:17,20 117:14 117:23 118:4,15 119:1,2,9 120:1,8 122:8,17 124:18 127:22,24 130:6 130:15,20 132:19 133:13 134:19 135:13 136:3 139:10 144:5 145:10 146:5,18 147:9 150:23 152:4,18 153:1 154:16,23,24 155:15 156:6,6,24 159:7 162:20 164:18 165:12 166:3 167:17 168:22 169:8 172:11,12 navistars 25:2,7 109:12 110:11 113:18 115:9 necessarily 30:2,3 55:3 61:4 64:1 81:13 94:14 105:10 106:1 141:11 151:11 necessary 85:16 94:1,4 124:11 necessity 83:18 need 20:1,18 22:12 24:7 39:17 45:25 46:16,23 56:7 67:3 85:10 86:8 87:10 92:25 101:19 110:4 128:1,23 129:2 130:2 139:21 142:3 164:9 165:22 needed 56:11 85:6 128:23 needs 9:21 124:21 135:8 negative 14:25 15:1 60:1 negotiating 153:9 neither 113:15 119:14 network 79:14 never 83:7 138:9 154:19 169:22 new 55:23 83:15,16 108:1,20 110:24 111:16 nichols 115:3 niosh 79:3,5 80:7 82:16,22 87:24,25 91:4,9,14,15,17 91:23 95:3 nixon 4:18 nods 86:21 noise 43:9 135:25 nonasbestos 141:9 nonionizing 43:9 nonrespirable 43:17 nonresponsive 70:5 nonsense 172:8 normal 15:15 north 96:14 121:11 northwest 121:14 121:22,25 northwestern 32:16 nos 12:17 149:21 notarized 108:24 note 109:7 noted 90:25 142:15 152:8 notes 165:13 notice 2:11 4:3 12:9 125:22 126:22,22 126:23,25 127:9 127:12 129:14 number 7:3,7 12:8 12:12,16 16:15 18:12 19:20,22 20:12,15 21:7 22:5,18 23:3,5,20 24:6,18 42:2,4 43:7 49:14 53:4,6 55:17 56:16 71:13 72:14 77:4,14,16 77:19,24 78:8 80:3 83:19 87:13 Aiken Welch Court Reporters T. 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Slavin 10-07-10 Page 195 sounds 50:24 110:22 source 46:18 82:1 sources 80:5 81:4 south 121:11 space 101:13,13 speak 13:24 14:11 164:3 speaker 32:5 speaking 32:11 67:19 102:10 151:6 152:12 speaks 131:10 specialist 48:2 specialty 37:24 specific 42:18 46:12 70:3 72:25 94:14 106:17 123:2 147:13 specifically 47:19 52:8 59:2 92:12 122:25 146:7,11 152:6 specified 174:11 speculate 94:13 98:22 163:23 168:16 speculation 20:8 35:1,10 36:9 48:9 48:19 49:3,13 50:3,15 56:22 57:24 58:8,18 59:4,17 60:7 62:15,21 63:25 64:11 69:10,23 71:10 72:11,24 73:9 76:7,22 78:14 85:23 86:17 91:11 97:25 99:4 101:24 103:9,18 107:5 118:8 119:12 120:3 121:6,19 132:12 135:1 138:6,15 141:23 149:10 154:5 155:25 157:11 158:2 159:11 163:8 168:15 170:11 spell 10:2 spelling 117:20 sphere 87:5 springfield 138:23 138:25 139:9 140:8 141:1,21 148:1 149:4 150:2 156:22 157:7,24 165:8,25 166:4 ss 174:2 stamp 77:21 131:16 stan 53:11 stand 153:14 standard 2:16 18:13,14 23:6 38:11 47:13,15,15 47:18,19,21,24 standardsize 144:22,24 start33:5 37:5 55:9 55:14 103:6 140:16 started 37:22 41:10 96:16 97:3,10,21 99:10 100:4 132:18 154:14 162:20 167:17 starting 100:7 149:25 159:25 starts 53:11 state 1:1 4:6 7:14 9:21 10:2 15:15 15:17,22 22:21 56:8 79:16 91:24 107:25 108:1,19 114:9 128:19,19 154:10 155:10 174:1,6,14,23,23 stated 18:19 115:13 statement 27:16 51:6 62:19 81:21 81:22,25 statements 9:16 states 90:10 93:13 114:18 166:6 168:1 stationery 149:16 statistical 30:24 status 53:12 stay 31:15 60:18 61:2,4 stayed 60:21 sterchi 4:22 stop 78:2 135:8 156:15 stopover 31:15 storage 101:5,11,12 102:4,5,9,13,13 104:2,2 105:1 144:16,25 145:2 147:16 stored 101:14,16 101:21 straight 31:10 strategies 30:25 street 5:4,8,12,16 6:4 130:24 strike 11:17 16:2 16:19 42:6,6 51:14 61:19 62:11 66:9 70:4 74:24 75:5 76:25 120:14 142:13 143:18 165:17 170:2,2 strong 128:21 studied 83:8 89:23 studies 82:3 study 59:12,25 63:18 64:4 sub 114:11 subassembled 140:14 subject 133:17 submitted 12:14 17:23 18:3 20:23 99:16,18,22 subpart 124:19 subscribed 174:19 subsequent 117:6,8 substance 44:14 substances 43:3 93:20 substantially 90:4 90:9,23 138:12 substantive 14:22 suburb 25:21 121:15,17 suburbs 121:23 succeeded 114:21 115:2 sufficient 127:12 suggests 54:5 suite 4:15,22 5:21 6:4 7:10 summarize 79:22 91:3 summary 30:22 79:5 superior 1:1 7:6 107:25 108:19 126:21 127:19 supervised 114:19 115:6 supervision 96:3,5 supervisor 52:16 supplied 142:15 163:14,18 supplier 142:16,25 supplying 143:2 support 169:11 suppose 46:23 sure 8:23 12:20 14:9,20 17:9 19:6 19:14 21:16 23:18 30:21 39:8 47:8 51:21 54:14 55:10 60:17 69:11,25 72:1 74:19,25 84:9 85:13 91:13 91:25 93:9 97:22 100:15 102:23 103:11,20 109:7 110:9,16 111:3,13 120:24 121:20 126:3,3 137:2 139:1,23 141:6 146:13,21 158:3 163:9,11 164:5,11 165:14,24 surfaced 170:25 surveillance 88:21 survey 3:9 50:10 63:3,16,17,18 76:17 100:1 131:4 131:25 132:9 133:18 136:9,20 137:20 141:20 148:8 surveys 49:2 50:19 50:25 51:17,25 64:19 98:11,20 99:1,8,13,17 100:10,17,25 101:2,8,17 105:15 106:5 122:22 143:13,22 144:5 148:23 163:2 169:19 170:7,14 suspect 146:14,15 suspending 172:9 svoboda 53:9,22 57:20 58:10,10,13 58:13 swears 19:16 sworn 4:8 8:24 9:24 17:23,24 20:23 28:13 127:23,24 130:6 174:9 synonymous 16:15 system 101:25 103:4,7,12,14 104:10 134:9 systematically 83:8 89:24 T table 132:14 tables 132:14 tags 130:13 take 14:5 21:16,19 21:19 23:21 35:14 38:21 39:17 46:8 53:3 71:20 77:12 80:14 88:7 93:9 107:19 108:4,10 125:13 127:5 128:20,21 131:17 132:5 133:4 139:21 140:15 149:12,18,20,23 Aiken Welch Court Reporters T. Slavin 10-07-10 Page 196 150:16 164:9 taken 1:19 10:7,22 11:1 12:19 39:22 87:14 104:25 127:7,16 129:18 140:2 164:14 174:12,13 takes 123:20 talk 110:12 123:14 125:4 126:20 127:15,23 128:1,4 129:10 talked 106:4 talking 87:23 99:3 130:5 132:16 tapes 86:8 87:22 task 146:25 technician 114:12 techniques 42:25 43:2,7 45:25 47:10 technology 47:7 telephonically 124:25 tell 13:6 17:18 57:1 69:13 70:9 71:2 72:1 89:4,12 98:24 106:8 109:23 111:22 122:11 123:6 145:14 149:4 152:16 153:14 154:13 156:4,10 158:20 164:18 telling 11:23 150:3 tenant 26:23 tennessee 32:6 106:23 107:11 111:1,23 112:2,6 130:25 160:1 term 67:6 terminology 38:11 terms 16:15 25:15 30:15 49:21 50:18 54:6 62:2 94:25 103:21 125:3 139:7 148:23 166:3 testified 9:25 testimony 2:12 11:22 12:9 13:2,3 13:8 14:24 15:6 17:24 68:25 69:9 70:20 80:1 87:20 113:4,13 124:20 132:11 143:25 156:23 166:17 173:6 texas 174:23 thank 87:10 110:3 113:21 thanks 109:22 thats 11:21,22 13:10 17:13 19:8 20:4 28:23 29:1 30:22 32:3 34:16 40:7 41:8,8,8 46:21 47:20 49:20 50:17,22 51:6,13 53:14 54:13 55:15 57:25 60:19,22,24 61:10,12 62:19 63:10 64:1 65:7 67:17,24 73:21 76:2,6 81:20 82:19 83:8,10,10 84:22 85:10 87:7 88:10 98:2,21 105:2 107:16 112:11 115:19 118:3 119:24 120:12 122:25 123:1,8 124:13 126:18 129:9 131:6 137:13 139:5,5,13 141:5 151:20 152:20 156:13 158:10 160:13 161:2,14 162:3,14 167:8,8 theres 21:10 55:7 57:10,10 58:14 65:24 66:1,6 80:16 82:7 86:3 103:8 104:6 105:13 106:6 110:7 116:5 128:21 146:15 147:6,13 149:25 theyre 86:1 101:15 144:24 151:12 theyve 101:21 thing 69:13 157:1 things 60:18 71:13 108:5 114:6 123:21 126:15,16 152:7 161:16 162:2 163:15 171:17 think 8:18 12:22 19:8 38:25 42:1 48:21 55:7 56:6 56:14 60:16 70:1 74:10 79:24,25 80:11 86:2 91:13 91:17 92:25 96:5 99:5 104:5,6,6,9 105:25 106:1 111:12 121:18 123:8 129:8 131:11 136:23 142:11 144:24 153:21 168:25 third 2:15 18:13 112:15 thomas 1:16 2:14 4:1,7 9:23 10:4,4 12:13 21:11,22 22:19 173:3,24 174:8 thought 128:11 162:3 three 22:3 38:25,25 96:7 106:2 112:5 112:6,8,9 123:5 124:20 125:17 126:9,10 127:4 128:16 129:2 132:1 136:7,8 146:7,11 158:7 165:18 172:17 threehour 123:10 123:14 124:9 threepage 21:10 133:5 149:15 threshold 133:24 thresholds 45:3 thursday 31:9 tie 40:3 139:6 time 7:8 9:22 10:16 10:17,18 13:20,20 19:13 36:17 39:24 43:18 63:11 69:12 72:22 76:17,23 79:6,19,23 80:25 81:20 82:6,23 83:2 84:13,25 85:11,25 87:17 93:9 95:7 96:13 97:2 99:2,6 119:4 122:12 123:6,20 124:21,24 126:25 128:14,22 129:3,6 129:9 136:11,11 136:25 137:1,1 139:2,6 140:4 141:7,10 144:10 145:21 148:2,10 152:12 155:3,5 156:16 157:13 159:10 160:8,11 160:24 163:8,25 164:16 171:5,16 174:10,13 timekeeper 171:8 171:24 times 16:10,13 114:4 148:3 title 18:1,4 19:6,15 20:22,25 21:4 30:3 33:23 40:9 69:17 72:3 131:4 titled 61:23 titles 24:17 28:6 tlv 134:1,3 today 15:3,6,11,18 16:22 17:5 18:8 18:25 19:13 20:6 21:1 25:6 26:2 27:10 30:6 31:9 40:6 60:11 61:21 62:2 67:19,25 70:7 73:6,16 74:10,14,18 75:1 75:4,7,11,21 76:16,20 82:2 96:10 100:24 115:24 116:3,13 116:20,25 117:14 118:25 119:25 120:14,15,20 121:4 122:8 123:22 139:16 140:6 141:17 142:10,24 152:18 153:1 162:25 163:17 167:9 169:14 todays 7:7 told 40:9 154:24 tom2:13 3:7 7:3,22 12:11 20:16 21:8 53:12,20,25 55:6 87:17 115:9,15 124:18 129:20 153:17 172:16 tomorrow 127:6 128:14,15 top 28:21 61:2,7 131:18 133:1 153:19,20 topic 32:18 40:1 94:20 topics 61:14 127:21 total 123:6 toxic 45:4 track 16:11 88:13 115:14 tracked 104:1 tracks 161:25 tractor 136:13 137:6,15 138:2 tractors 34:12 138:3,10 157:1 161:16 trade 33:20 34:22 34:25 35:3 traffic 13:21 trained 42:7,9,24 46:8 62:17,22 Aiken Welch Court Reporters T. Slavin 10-07-10 Page 197 training 38:14,18 38:21,22 39:1,3,6 42:14,18,19,20 43:4 45:2 46:12 46:18 50:24 transcribed 174:15 transcript 14:14,16 14:17,21 172:10 174:16 transcription 173:5 transition 141:9 transmission 108:3 transmitting 78:10 transportation 17:2 141:1 travel 31:7,10 123:17 125:10,12 125:16 128:12 162:9 traveling 31:24 travelling 123:19 treatment 124:2 128:11 treatments 123:25 125:10 trial 2:11 12:9 14:23 trip 31:12 truck 17:3 24:22 33:8 34:18 35:12 36:6 76:14,14 83:15,15 85:5 136:15 138:19,20 139:9 140:8,17 141:19 148:1 149:5 166:10 168:18 trucks 36:2 106:25 138:24 139:1,2 149:5 156:7 157:15,17,18 161:12 162:11,13 164:19,22,23,23 165:6,7,10 166:2 166:4,13 true 22:22 23:6 30:8 54:20 64:1 65:15,19 70:17 81:13 167:16 173:5 174:17 truth 13:6 15:12 truthful 15:11 try 13:24 49:23 60:18 61:1 86:7 trying 24:16 82:9 88:12,13 tubes 43:12 tumor 82:17 90:24 tumors 83:17 90:13 90:14 turn 13:23 20:11 21:9 55:16 109:12 109:25 110:11,20 130:17 131:3 twice 10:10 12:19 two 31:15,23 61:16 95:18 96:18 127:10 149:18 type 11:23 26:16 47:7,10,13 55:23 77:25 112:19 158:4 types 159:17 typewriting 174:15 typewritten 21:11 77:8 typically 40:3,5 99:22 U uhhuh 19:16 24:13 26:6,8,22 28:25 29:10 50:5 73:15 104:8 138:18 141:8 142:2 151:15 157:4,16 158:17 161:24 unclear 24:4 uncovered 148:17 undergoing 124:2,2 underlined 80:20 undersigned 173:3 understand 11:15 12:24,24 13:9,18 14:6 15:3,8,20 16:12 18:25 19:10 25:1 29:13 30:20 30:21,22 31:22 51:14 62:12 67:5 73:15,19,25 102:23 103:19 118:21 119:23 158:3 159:6 163:9 166:8,16 understanding 12:21 19:3 20:4 34:23 38:5 54:18 57:25 58:19,23 59:6 62:4,9,13,16 69:1 70:2 73:22 86:22,23 87:7 95:23 96:1 98:7 98:15,23 110:25 111:19,22 112:1 117:3,7 118:5 121:10,22 134:13 162:16 understood 44:12 44:19 45:11,17,22 69:18 72:6 79:16 79:23 126:7 158:6 undertake 94:11 undertaken 64:9 170:17 undertaking 98:11 98:20 132:8 undertook 170:20 underwriters 50:13 united 166:6 168:1 universe 106:3 university 32:17 unlawful 9:8 unreasonable 125:19 unsettled 80:16 use 43:3 47:9 56:11 94:10 104:10 119:2 145:3 147:24 users 69:4,19 70:14 utilizing 54:7 ________V vacuum 53:13 54:7 54:18 92:17,18 93:17,1794:10 vague 23:16,25 26:18 27:1,19 30:18 32:2,13 33:19 34:7 35:1,9 38:9,17 39:14 41:16,1842:10 43:6 44:6,17,25 45:15 46:2,21 47:5 48:8,17 49:4 50:2,16 51:5 54:25 56:23 60:6 60:14,25 63:8 65:5,12 66:15 67:2,15 68:5,18 69:24 70:19 71:10 73:23 75:8 76:7 78:3,13 79:21 80:8 81:7 85:8 93:11,22 97:7,16 98:21 99:20 100:12 101:22 103:2 107:6,14 113:4 118:8 119:3 121:12 132:10 138:14 141:4 142:18 143:7,16 148:14 151:7 155:22 157:13,25 159:9,10,18 160:4 160:8,13,23 162:6 163:6,7,24 166:23 168:15,24 171:17 vaguely 106:6 value 133:24 variety 78:11 136:1 149:17 161:13 various 17:7 24:17 25:22 33:8 39:11 56:8,10 79:13 106:21 135:24 144:5 150:20,23 163:3,12 vehicle 33:15,18,25 34:4,21 35:7,14 35:18,22 36:3,17 55:22 56:1 86:13 94:8 161:19,20 162:9,16 168:8 vehicles 59:14 63:7 64:8 69:5,21 70:14,16 71:7 72:8,20 74:13 76:19 85:17,20 94:9,18 138:13,24 156:7 157:3,5 160:3 161:4,5,6 161:10 162:2,8,17 162:19 163:15 167:20 168:21 169:17 170:10,22 vendor 145:3 ventilation 134:8 verification 108:9 108:15 109:5 verifications 108:24 verified 2:15 18:13 18:16 19:11 20:6 20:13 108:8 verifies 19:23 verify 21:18,21 verifying 109:6 versus 7:4 12:14 43:17 107:24 108:22 119:1 vice 9:5,9,22 19:1 19:12,25 25:2,7 30:2,2 victor 10:5 videographer 6:8 7:2,11,25 8:11 9:18 39:20,23 86:8 87:12,15 109:19,22 123:6,8 129:16,19 139:25 140:3 164:3,6,12 164:15 171:6,9,21 171:23 172:15 videorecorded 87:16 129:20 172:16 videotaped 1:16 2:11 12:9 videotapes 172:17 Aiken Welch Court Reporters T. 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