Document RpQyEvaG16L0OBj1vgj6ar3Ln

FILE NAME Marbletite PMM DATE 1987 Dec 15 DOC PMM002 DOCUMENT DESCRIPTION Legal - Deposition of John Cowie IN RE Twenty Attached Schedule Ge 22 Asbestos Cases Listed on ) Reported by Christine Sammaro RPR CM December 15 1987 SUDSUDSUD Sclafani Williams Court Reporters Inc. Registered Professional / ReportCeertirfised Videotape Specialists Post Office Box 215 201 E. Kuned Blvd. / Suite 921 Lakeland Florida 33802 Tampa Horida 33602 Lakeland Phone 813 688-5000 Tanpa Mime 813 223-7321 EXHIBIT Net 1 APPEARANCES INNOI IN INNOI OI wee , , Counsel for 22 Plaintiffs MR CHARLES P. ERICKSON 3 Motley Loadholt Richard & Poole Post Office Box 365 ; = Barnwell South Carolina 29812 P.A. 5 Counsel for all Dade County Plaintiffs MR ALAN K. PETRINE 6 Colson Hicks & Bidson P.A. 200 South Biscayne Boulevard 7 Miami Florida 33131-2310 3 Counsel for Defendant Wellington . KURT M. SPENGLER 3 Hannah Marsee Beik & Voght P.A. Suite 505. Landmark Center II 10 10 225 East Robinson Street Orlando Florida 32801 11 . i Counsel for Defendant Marbletite 12 MR FRANK D. NEWMAN Nene 13 13 Wallace Engels Pertnoy 330 Biscayne Boulevard & Martin P.A. Miami Florida 33132 : Counsel for Defendant Basic Inc 15 MR HAROLD E. MORLAN II we Baker & Hostetler P.A. Post Office Box 112 . Orlando Florida 32802 17 18 19 h 20 1 Counsel for Defendant American MS CAROLINE EMERY TABAS Energy Knecht & Knecht P.A. Suite 411 2600 Douglas Road Coral Gables Florida 33134 22 22 | | Counsel for Defendant W. R. Grace MS CAROLYN J. HOUSE : Butler & Burnette P.A. Bayport Plaza- Suite 1100 6200 Courtney Campbell Causeway Tampa Florida 33607-1458 PH SW A Fi SW i i I. Sclafani Williams Court Reporters Inc. Sclafani Williams Reporters Reporters Inc. Register Balzsamil Reponers& Lenified Vulnozaju Spastatus Lukiua !, evang Lukiua fee 21 Be lakali mun 813 aakraw aakraw Lumpia Lumpia Bojaka vifar * Enly 2 the 199 199 Kumpa Fisan 811 283-7321 i 1 : IN DE X 2 3 4 {| WITNESS EXAMINATION Called by the Defendant PAGE NO 6 JOHN COWIE 7 Direct Newman ....e005 5 Cross Erickson ...see6. 39 8 Cross Petrine 72 9 10 | Recross Erickson 86 Redirect Newman 88 11 Recross House 88 12 Recross cont'd Erickson 89 13 Recross cont'd Petrine 90 pe 14 Recross cont'd Erickson 91 wer 15 16 Signature Page .euevere 93 17 Notarial Certificate 94 ne eG 18 Lawyer's Notes 19 20 |! 21 INDEX TO EXHIBITS 22 DEFENDANT'S EXHIBITS NOS 1-7 FOR ID Tr P. 33 23 Documents : DEFENDANT'S EXHIBITS NOS 8 Tr P. 79 ar Document 25 oy Computer Assisted Photocopy attached FOR ID Photocopy attached Transcription amen eS _ SW Rise 213 Sclafani Williams Court Inc. TT Reporters Lost Tanpa Reginemi Professional Reponens / Certified Videotape Specialists Lakeland Plane 813 688-5100 Lampa Florida Muz Suite Mikak 813 223-732 a el eet oms em mrmens weer 3 IN RE Twenty 22 Asbestos Cases Listed on | Attached Schedule 10 11 | - {{ 12 VIDEO DEPOSITION OF JOHN COWIE 13 PURSUANT TO NOTICE for the taking of the 14 deposition of JOHN COWIE upon oral examination in the i$ t 15 | styled cause G t 16 || for the purposes of at the instance of the Defendant discovery or use at trial or both 17 pursuant to Florida Rules of Civil Procedure 18 proceedings therefor were held before Christine 19 Sammaro Registered Professional Reporter Certificate 20 of Merit and Notary Public in and for the State of 21. Florida at large at Polk County Courthouse Winter if 22 | 23 2325 ! 4 Haven Florida on December 15 1987 commencing at 1:00 p.m. THEREUPON the following proceedings were had and taken f Pa SWSclafuni | Sclafuni Regiured Williams Prufcasional Hepone Reporters Court Cerotici i Vulcanape Reporters Inc. Vulcanape Sjurialsis Lakelandtille Hu 11 laketavi Phuu } ZINK tose .s Tanp~-Intech tu Tanyjsi Tamm 2 22-112 22-112 ve, wet te 2 era represent MR the 3 Manufacturing NEWMAN My name is Frank Newman I defendant Marbletite Company and I will be asking questions examination of Mr. Cowie on direct 4 5 MS TABAS My name is Carolyn Tabas I'm 6 from the Knecht & Knecht law firm and I'm here on 7 behalf of American Energy MR PETRINE My name is Alan Petrine I'm with the law firm of Colson Hicks and Eidson from Miami and I represent the Dade County plaintiffs MR ERICKSON My name is Charles Erickson I represent the twenty plaintiffs in this action I'm from the law firm of Motley Loadholt Richardson enry and Poole in South Carolina andI will be ce 15 ff examining Mr. Cowie ne 16 MR SPENGLER Kurt Spengler from Hannah meee Morlan e 17 Marsee Beik & Voght for the Wellington defendants 18 MR MORLAN I'm Hal of the firm of Baker and Hostetler representing Basic Inc. i JOHN COWIE called as a witness by the Defendant having been first duly sworn testified as follows DIRECT EXAMINATION By Frank Newman Esq Q. Mr. Cowie if - : SW Sclaf Williams ni Wiliams Register VolkssonalReponens Court ReportersReporters Crnified Videmape Inc. 201 off the Lakeland the Lakeland Mune 1980228-3 librat Suxe Tampa Kennedy Tampa Ekulika Vens22,5-7321 @ e 1 A. I'm too old to say anything else 6 e 2 us Q. where Mr. Cowie give us you live please your full name and tell 4 A. Okay My name is John Martin Cowie I live 5 at 112 Patterson Drive Auburndale Florida 6 Q. That's in Polk County Florida right 7 A. In Polk County 8 Q. Could you tell us what your age is : 9 A. Yeah Eighty What 10 Q. type of work are you in these days 11 A. These days 12 Q. Yes 13 A. I'm bringing up kids I go to football . H 14 games and you know -~ + | 15 Q. You're not -- you're not otherwise engaged : 16 in +- | 17 A. No. I'm not engaged in any making | 18 thing I'm personally retired They say it's 19 retired but I don't believe it really Anybody 20 that's i 21fi sorry got I two kids is not retired really should be looking at you I'm | 23 were Q. you That's born all right Eighty years old Where j 24 t | 25 A. Scotland . Q. When did you come to the United States : SW | Sch Williams SW Regar ! Pindesmond / Reporters Cenifad Videocape bpestudiat bpestudiat cee . us a uo, ve @ _.& se To Te 21 tts on os en net renmenene mere pee? * en material they call it Emathelite Emathelite m Q. Okay What was the -- what product was -- A. That is ^ Fuller's Earth And I don't know if anybody's familiar with Fuller's Earth It's a product that's used all over Europe instead of talcum powder on babies _ Q. What is it used for| A. It's used as a ~- for slip for w to 10 alleviate the material to go through a pump 13 Q. And in what products was that Emathelite 12 added to 13| A It was added to anybody that wanted to use a 14 pump material which would be -- I'm talking about 15 stucco now We hadn't developed any other at that 16 17 Q. Well later on -- 18 A. Later -- -- 19 Q. -- did you develop any other new products 20 A. Well in 1970 21 Q. At Marbletite Not Premix Marbletite We 22 made the Snowflake 23 Q. How do you -- tell us what Snowflake was 24 first 25 A. Well Snowflake is a material for use on the Sclafani Williams Sclafani Po Office Buu 213 10 & Kennedy . Suite 1970 interior of ceilings to -- in other words -=- what would we call it 3 Q. First of all is it a stucco 4 A. No. 5 Q. Is it a -- 6 A. No it's a material that we -- the dry wall 7 people were coming into the business and our trade was completely changing And I made two materials but I made for - with asbestos as you say it about two 10 percent Two percent 11 Q. In the Snowflake product 12 A. In the Snowflake products 13 Q. How do you recall the year that the 14 Snowflake was -- 15 | 16 the A. Well -- late '69 that's quite easy We we bought Marbletite only had bought 17 Q. Okay 18 A. I mean Premix 19 Q. Let me stop you right there 20 A. Louie Ferry had bought Premix in the 21 meantime 22 Q. . Now not all these people know the names 1 23 | are familiar with 24 || about the names that you're talking 25 A. Oh they aren't Registers Polowional Kangier 7 Cendiri Viletave Simuln~- kuul Meng 43 *** Tampa Nome 834 220 23 oe oo mee eT eS err .Q The name of the company that you went to work for -- A. Was Premix Products Q. 1- was Premix Products A. Yeah Q. Did there come a time after you went to work for them when Premix acquired a company called Marbletite A. Sixty -- the late 1691 Q. And where -- at what facility was the product Snowflake manufactured A. At Marbletite A young chemist and I made we it so you know we developed it together I'm not any genius I don't want to get the idea you know that -- Q. You had some help A. I had some help 18 Q. How was Snowflake applied and to what part 19 of a building would it be applied 20 A. It would be applied on the ceilings and the 21 interior It was developed for the reason that the He 22 it was cheaper 23 Q. Did the Premix company provide any of the 24 equipment used the guns used to apply this -- 29 A. They bought the guns at that time SW Sclafani SW Sclafani WilWillliamis ams Court , Reporters Inc. Inc. Regiaest Polesviral Repo^-ers/ Candied Videotape pasakias Yox 217 Yox Likebis Pline 8 58HI Buenpa Hitu a JCI Stag Suite Suite Bang 19 1kti 1kti 95 12 1 wae 0 see epee ane That is Premix -- 24 2 A. Right 3 Q. ~ acquired another company 4 A. We acquired another company out of 50 California that made the Glover Guns 6 Q. After the Premix product was TH the 7 Snowflake product was introduced to the market what 8 became the top two or three products of Premix | 9 A. Would be still Marblecrete We changed the 10 name of Marblecote to Marbletite and Snowflake 11 Q. Did these products make up the bulk of the 12 sales of the company Nee 13 A. Well I don't know exactly but I know it 14 added quite a bit F the Snowflake went over quite 15 good in the first two years 16 Q. Now did any of the stucco products -- when 17 you went to work for Premix in 1968 did any of the 18 stucco products contain asbestos 19 A. No. To explain the reason why I added the 20 Emathelite I never saw the advantage of using a very 21 ff expensive material asbestos in a stucco material 22 Emathelite which I had used in Europe was under that 23 name the Fuller's Earth it was always called 24 Q. And that is Mw 25 A. And that is the only thing you can use in SW Williams Reporters Inc. Registrand Profesonal Reponens / Cemifinal Vulturaje Spritakos Tukrust Kemudy Sone Kokakuni 17amar Tampa 12,1 2048 SANS Iampa Diane 873 225-792252-792 25 stucco And I also took it down to Miami University to have -- to see if it would strengthen when I used it And I found out it did We didn't have that knowledge in England at that time Q. As a plasterer ~~ as a working plasterer with the tools and as a foreman or supervisor did you ever see -- during the course of your career did you ever see plasterers adding asbestos to a stucco product 10 A. Oh definitely All plasterers make their 11 own idea of what a material should be Everyone -- 12 they definitely have an idea Don't all use 13 asbestos Lots of them put lime more than what they 14 should You know they all want to make it easy You 15 know it slips better with all that lime 16 Q. Going back to the Snowflake product now 17 that had a percentage of asbestos in it did it not 18 A. Yeah I changed it to 19 Q. But initally -- 20 A. Initially it had asbestos in the amount of 21 two percent if it was that amount but I think it 22 approximately came out that way There's thirteen 23 other materials in the Snowflake Q. Did there come a time when you sought to remove the asbestos from these products SW Court Sclafani Williams Reporters awe + 215 Keraxsly 1920 Suite Regassed Palestiinal Reponens / CertiintValvumpe Special u Take^ auTake^ au Pirone KT 11729 Tanigra Plone 813 223-752 26 @ @ A. Well in 1974 the article came up in the stucco manufacturer's bulletin about asbestos At that time I was looking for a new material to substitute I eventually found it in that year 1974 5 I think Yeah because I refreshed my memory on 6 that 7 that " and a It's called Hedmen fiber And it's approved - I had I can tell you it approved by OSHA letter to that effect from a gentleman up in Atlanta Gentry I think his name is I'm not sure 10 I'm not good on names I sort of forget 11 Q. So you ~-- 12 A. And I changed it and I put that in all the ont 13 spray materials that were used in the interior Now 14 we also had the material PVL I forgot that we had 15 that when I first went to Premix And that was a .16 spray material made for the plasterer only 17 Q. Okay 18 A But that was a lime product so that -~ 19 Q. Did that have any asbestos in it A. No. There's no need to put ~~ lime is a 20 21 material that slides if you -- you know slips 222 anywhere so it's a -~ most of it was lime and the aggregate could be -~ comes out of the ground 24 Q. Gypsum 25 A. No. no Perlite Perlite It's a Sclafani Sclafani Williams Williams Court , Reporters Inc. Regiseval Regiseval Padesiminal Rejsiness & Comitied Volosaje Navisipas CCiiee Bax Pet 214 lakeun Honda jalabad Plyon 811 GNS NAMES i KKeenedny nedy Mraz Tamja Lanju Thomat Blvd. SSuu^^""icic 1199771 1 1615 2'47521 2'47521 27 mineral That's put in there not so much for anything but to give you a texture on the ceiling that everybody likes a little something -- I'm sorry I'm looking around The guy warned me Q. By what year were -- was asbestos removed from ~~ .6 A. Well as I said I developed another material You know I had other chemists come into -- I'm not a chemist But I had other chemists that came 10 in there and they changed a lot of products around 11 during that period But in the meantime I had a 12 position where I was quite free of anybody and I 13 decided to investigate what I wanted to put in there 14 So when I got all the chemists out and everything 15 there and that was 1974 Q. At the time that you changed the formulas in 1974 can you tell me what kind of inventories the . 18 company was carrying at that time Do you happen 19 to -~- 20 A. Well on those products we didn't Keri that 21 very much of a product I was making it up in the 22 Orlando plant And at that time I went up there to 23 change that plant all around because in our business 24 cement and plaster products in the air can have a 25 tendency to set up some of the other products and SW SW SclafScalanfaini WiWilllilamis amsCoCurtourt ReportersReporters Reporters Inc. Regis^iodStufessional Stufesional Reponen / Genified Videotape Specialrav lroeaktite eakun TampaKrusserly F. Krusserly bed. S Suuee 19 Lakelan~-Visum 123 2820 320 | Tanys Mone 1813 223-7321 ' a re mee tees eo | ee ee 28 * teens tee ate contaminate So we changed everything that was in cement and down to the Miami plant and brought everything up to Orlando And there we made Snowflake and everything else so we made a material that's called One Coat Veneer And that's a substitute for dry wall It's put on another type of dry wall board gives a thin coat of plaster about an eighth -~ Q. Did that product have any asbestos in it A. No. There's no reason to use asbestos 10 It's not going to burn It doesn't burn That's 11 about you can use asbestos for 12 Q. Now I came up and visited with you in 13 October of this year is that correct 14 A- Yes Q. And at that time I asked you to look for any 16 letters or files or anything you may have ~~ 17 A. hum 18 Q. -~ relative to the subject of this asbestos 19 litigation and you did that for me 20 A. Yeah I gave you a few Q. Okay I'm going to ask you simply to 22 identify each of these documents for that purpose 23 identification only and just tell us briefly what 24 they are and how they got in your files and how long 25 they've been there SW SW Sclafani Williams Sclafani Regraried Professional WilliamsProfesional Reponess Court Reporters Inc. / Cunified Videurape Speviabus takefanel T l kolabtwwe can rak8.5455 rak8.5455 Tampa PharelaViag Janjia Hune 1234 224 1