Document X8oEejoBYq98VDNGZMV5BKGmg

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY COMMERCIAL UNION INSURANCE COMPANY, ) Plaintiff, ) ) vs. ) ) ) ROCKWELL INTERNATIONAL CORPORATION, ) ) Civil Action Defendant and Third-Party ) No. C-88-0873-L-J Plaintiff, ) vs. ) ) ) THE HOME INDEMNITY COMPANY, et al., ) Third-Party Defendants. ) ) DEPOSITION OF DONALD A. OLSON Taken on behalf of the Plaintiff May 5, 1993 ! V I;;.: ClcRA' H WALLER REPORTING, INC. 515 OLIVE STREET, SUITE 1506 ST. LOUIS, MO 63101 (314) 621-2571 J HARTOLDMONOOQ8498 1 INDEX OF EXAMINATIONS 2 Direct Examination by Mr. Cassis ............ Cross-Examination by Mr. Goebel ............... 3 Cross-Examination by Mr. Price .................. Redirect Examination by Mr. Cassis ... 4 Recross-Examination by Mr. Goebel .... 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 PAGE 30 34 35 36 LINE 12 6 6 18 3 WALLER REPORTING, INC. HARTOLDMONOOQ8499 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY COMMERCIAL UNION INSURANCE COMPANY, ) Plaintiff, ) ) vs. ) ) ) ROCKWELL INTERNATIONAL CORPORATION, ) ) Civil Action Defendant andThird-Party ) No.C-88-08 Plaintiff, ) vs. ) ) ) THE HOME INDEMNITY COMPANY, et al., ) Third-PartyDefendants. ) ) DEPOSITION OF DONALD A. OLSON, produced, sworn, and examined on behalf of the Plaintiff on May 5, 1993, between the hours of nine o'clock in the forenoon and five o'clock in the afternoon of that day, at the law office of Husch & Eppenberger, 100 North Broadway, Suite 1300, St. Louis, Missouri 63102, before ALICIA A. CARTER, a Registered Professional Reporter and Notary Public within and for the State of Missouri. APPEARANCES The Plaintiff was represented by Mr. Charles S. Cassis of the law firm of Brown, Todd & Heyburn, Sixteenth Floor, Citizens Plaza, Louisville, Kentucky 40202. The Defendant and Third-Party Plaintiff was represented by Mr. J. Anthony Goebel of the law firm of Wyatt, Tarrant & Combs, Citizens Plaza, Louisville, Kentucky 40202, and by Mr. William D. Weinreb of the law firm of Shea & Gardner, 1800 Massachusetts Avenue, N.W., Washington, D.C. 20036. WALLER REPORTING, INC. HARTOLDMON0008500 4 1 The Third-Party Defendant was represented by Mr. Gene F. Price of the law firm of Alagia, Day, 2 Trautwein & Smith, 2000 Waterfront Plaza, 325 West Main Street, Louisville, Kentucky 40202. 3 The Witness and Monsanto were represented by 4 Mr. Gerard H. Davidson, Jr. of the law firm of Smith, Helms, Mulliss & Moore, 300 North Greene Street, 5 Suite 1400, Greensboro, North Carolina 27420. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WALLER REPORTING, INC. HARTOLDMON0008501 5 1 IT IS HEREBY STIPULATED AND AGREED by and 2 between counsel for the Plaintiff and counsel for the 3 Defendants, that this deposition may be taken in 4 shorthand by ALICIA A. CARTER, a Registered Professional 5 Reporter and Notary Public, and afterwards transcribed 6 into typewriting, and to be read and signed by the 7 witness. 8 o-0-o 9 DONALD A. OLSON, 10 of lawful age, being produced, sworn, and examined on 11 the part of the Plaintiff, deposes and says: 12 DIRECT EXAMINATION 13 QUESTIONS BY MR. CASSIS: 14 Q. Mr. Olson, would you please state your full 15 name for the record? 16 A. Donald Albert Olson. 17 Q. And, Mr. Olson, give me your home address 18 and home phone number, please. 19 A. No. 3 Old Colony, St. Louis, Missouri, 20 63131, area 314/822-8289. 21 Q. Where are you currently employed? 22 A. Benchcraft, Inc. 23 Q. Benchcraft? 24 A. Yes. 25 Q. And what type of work is that? WALLER REPORTING, INC. HARTOLDMON0008502 6 1 A. It is a materials storage distributors 2 company. 3 Q. And how long have you been in thatjob? 4 A. Since 1988. 5 Q. All right. Now, you worked for Monsanto, 6 didn't you? 7 A. Yes, I did. 8 Q. When did you start work for Monsanto? 9 A. 1960. 10 Q. And when did you -- Did youretire from 11 Monsanto? 12 A. Yes, in November of 1985. 13 Q. Now, tell the court, if you would, 14 Mr. Olson, your educational background. 15 A. I have a chemical engineering degree from 16 the University of Michigan and a master's in business 17 from Harvard. 18 Q. Okay. Any other postgraduatestudy other 19 than your master's in business from Harvard? 20 A. No, sir. 21 Q. Any otherformal schooling? 22 A. No, sir. 23 Q. Okay. Prior to going to work -- When did 24 you graduate from the University of Michigan? 25 A. February of 1956. WALLER REPORTING, INC. HARTOLDMON0008503 7 1 Q. And you started Monsanto in 1960? 2 A. Yes, sir. 3 Q. What did you do for those four years? 4 A. I worked for an interim period with Midwest 5 Research Institute in Kansas City, and then I was in the 6 Air Force, a second lieutenant in the Air Force, and 7 then I worked for a period of time with Butler 8 Manufacturing in Kansas City. 9 Q. Okay. 10 A. Then I went to graduateschool. 11 Q. And started in 1960? 12 A. And wentwith Monsanto directly from 13 graduate school. 14 Q. Why don't you tell us beginning with 1960, 15 in order to save time, your employment history with 16 Monsanto? 17 A. You want dates with it or -- 18 Q. Yeah. 19 A. Okay. I'll try. 20 MR. DAVIDSON: As close as you can. 21 Q. (By Mr. Cassis) As close as you can. 22 A. I started in 1960 at the John F. Queeny 23 plant in St. Louis as a chemical engineer for the plant. 24 I was there roughly -- 25 Q. Excuse me just aminute. As a matter of WALLER REPORTING, INC. HARTOLDMON0008504 8 1 information, you started as a chemical engineer? 2 A. Yes, sir* 3 Q. And did you meet and get to know 4 Mr. Fapageorge during that year? 5 A. Yes, I did. 6 Q. That's just for no other reason than to put 7 it in. Go ahead. 8 A. I was there -- Most of what I did was in 9 the chemicals area, okay, rather than in the 10 area -- After two years I went into the commercial 11 development group on food ingredients, in developing new 12 products. I was there roughly two years and then became 13 a products specialist in food ingredients in the food 14 ingredients and fine chemical area. Then I went to 15 New York again for a year and a half or two years as a 16 regional sales manager in New York City for this same 17 group. 18 Q. What type of food ingredients did you all 19 manufacture? 20 A. Probably most familiar to you would be 21 saccharin, food acids, methyl salicylate. Then the rest 22 of the group was fine chemicals, and probably the 23 largest one was aspirin. 24 Q. Aspirin? 25 A. Yes. Came back in the first of 1968 as WALLER REPORTING, INC. HARTOLDMON0008505 9 1 product manager for food ingredients and fine chemicals. 2 And then in about -- I don't remember the month -- in 3 May or June of '68 I became the director of marketing 4 for functional fluids. 5 Q. Now, let me stop you there. Prior to 1968 6 had you had any kind of dealings with chemicals that 7 contained PCBs? 8 A. No, sir. 9 Q. Okay. Go ahead. 10 A. Okay. I was director of marketing of this 11 group until the fourth quarter, I guess it was, of 1970 12 at which time I became the director of marketing for the 13 food ingredients and fine chemicals group. In 1975 I 14 was appointed director of marketing for petrochemicals 15 and in 1976 director of marketing for the Chemical 16 Intermediates Company which was a company rather than a 17 division. I stayed in that position until 1982, I think 18 it was, when I became business director for fine 19 chemicals and water treatment, and I was in that 20 position roughly three years before I took early 21 retirement over Thanksgiving, went back to work the next 22 day. So you asked if I was retired, I guess, yes, 23 officially, but, no, not functionally. I 24 Q. Let me see if I can help. 25 A. Sure. WALLER REPORTING, INC. HARTOLDMON0008506 10 1 Q. To restrict -- I shouldn't use the word 2 restrict. Let me see i I can help focus down to an 3 area that I think about which I want you to testify, and 4 it will save myself and the other counsel a lot of time. 5 Would it be fair to say that between 1968 -- well, 6 certainly beginning in 1968 and through 1970 would be 7 the only years that you were involved with chemicals 8 that contained PCBs? 9 A. That's correct. 10 Q. Your duties -- And we'll get into that in 11 just a minute with respect to those years. Your duties, 12 however, with respect to other sales directorships with 13 petrochemicals, fine chemicals, and there was one other 14 chemical. 15 A. Chemical intermediates. 16 Q. Chemical intermediates had nothingwhatever 17 to do with products such as Pydraul or Aroclors or 18 anything of that nature? 19 A. That's correct. 20 Q. Okay. 21 A. Yes. 22 Q. Or any chemical containing PCBs? 23 A. Not to my knowledge or to my recollection. 24 Q. Okay. If it did, it was only on a 25 peripheral basis? WALLER REPORTING, INC. HARTOLDMON0008507 11 1 A. Yes. 2 Q. So there is really no need for me to 3 inquire in detail, is there, with respect to -- There is 4 no reason for me to inquire in any detail, Mr. Olson, 5 with respect to those other jobs dealing with matters 6 other than chemicals containing PCBs such as Pydraul and 7 thing things of that nature for purposes of eliciting 8 any information restricted to that area? 9 A. Not in my view. 10 MR. GOEBEL: Or mine. 11 MR. DAVIDSON: Or mine. 12 MR. CASSIS: Off the record. 13 A. I had no involvement before or after with 14 any. 15 Q. (By Mr. Cassis) So the bottom line is you 16 had no involvement before or after, before 1968 and 17 after 1970? 18 A. Yeah. And I think it was around -- I don't 19 remember. It was about October 1st of 197 -- it was in 20 October of 1970 I left the group. 21 MR. CASSIS: Off the record. 22 (Whereupon, a discussion was held off the record.) 23 Q. (By Mr. Cassis) All right. Now, let me 24 see if I can get to where we need to be with respect to 25 i 1968. Would you please tell me your duties and WALLER REPORTING, INC. HARTOLDMON0008508 12 1 responsibilities beginning in '78 through 1970. 2 A. '68? 3 MR. GOEBEL: You said '78. 4 Q. (By Mr. Cassis) 1968 and 1970. 5 A. As director of marketing I had the product 6 and the field responsibility, in other words, the 7 customer responsibility through the field organization 8 and also the people who had the product responsibility, 9 the pricing and product planning and the other areas, 10 everything that you would consider as part of sales and 11 marketing. 12 Q. Okay. And during that period of time did 13 you work with William Papageorge? 14 A. Yes. I don't recall when he came into it, 15 sometime during that period, but, yes, I did. 16 Q. Okay. So you were very familiar with him 17 during that period of time? 18 A. Uh-huh. 19 Q. I'm sorry. You'll have to say yes or no. 20 A. I'm sorry. Yes, yes. 21 Q. Mow, what products were you responsible for 22 during that period of time? 23 A. There were basically four groups. 24 Q. Okay. 25 A. One were the industrialhydraulic fluids. WALLER REPORTING, INC. HARTOLDMON0008509 13 1 which was the Pydrauls. Second was the therminols, the 2 heat transfer. The third was the dielectric area which 3 were the Aroclors. And the fourth was the aircraft 4 fire-resistant hydraulic fluid which was Skydraul. 5 Q. Skydraul? 6 A. Skydraul. 7 Q. Was that different thanPydraul? 8 A. Yes. 9 Q. How was that different? 10 A. It was different chemically. It was not 11 I do not believe it was PCB related. There weren't any 12 PCBs in the formulation of Skydraul. 13 Q. Now, who did - 14 THE WITNESS: Am I right? 15 MR. DAVIDSON: Right. 16 Q. (By Mr. Cassis) Who did you report to or 17 who was your boss, if you had a boss? 18 A. Yes, Howard Bergen, who was the business 19 director. 20 Q. And he was also during that period of time 21 Mr. Papageorge's boss? 22 A. I believe he reported to Mr. Papageorge 23 when he came into the group. 24 Q. Okay. Do you remember what Mr. Bergen's 25 title was? WALLER REPORTING, INC. HARTOLDMON0008510 14 1 A. Business director. 2 Q. And what were your -- You told us -- I take 3 it you were responsible for all marketing during that 4 period of time of those four products in your group? 5 A. Yes, marketing and sales. 6 Q. Marketing and sales. What's the difference 7 between marketing and sales? 8 A. In my mind the sales is the direct customer 9 responsibility, and that's part of the organization that 10 goes to the customer and solicits and gains business and 11 serves the customer. The marketing is more of the 12 product function, the pricing, the development of 13 product plans, the forecasting, the advising on 14 advertising. 15 Q. How did you go about carrying out your 16 responsibilities as marketing director and sales 17 director with respect to sales to such companies as 18 Rockwell or companies like that? 19 A. I don't mean to confuse it. During this 20 period I had two organizations. At the beginning I had 21 basically one field organization and then various 22 product groups. Sometime during that I switched to four 23 different groups which each had their own sales people 24 and their own product people in these four areas. 25 Within that I would be responsible for the sales people WALLER REPORTING, INC. HARTOLDMONOOQ8511 15 1 who were calling on any company. 2 Q. Did you have any particular person that -- 3 or a particular salesman that would call on a particular 4 plant or would that person call on a particular group of 5 plants or groups in category? What I'm trying to get 6 at -- 7 A. 8 general. In general, they call on geography, in 9 Q. That's what I'm trying to get at. So if 10 you had a salesman that -- Let's take the Rockwell plant 11 at Russellville, Kentucky. 12 A. Yes, sir. 13 Q. How would that person be designated? How 14 would you designate that person to call on them down 15 there to sell your product? 16 A. Each sales representative would have a 17 geographic territory, and these he would set up, trying 18 to balance the loads and do what seemed practical from a 19 time and travel standpoint, and they would call on 20 everybody in their geography. I don't recall what 21 office -- I don't recall the location this was serviced 22 from. 23 Q. All right. So you don't know who would 24 be -- who would have called on the Russellville plant 25 for Rockwell during the time that you were director of WALLER REPORTING, INC. HARTOLDMON0008512 16 1 sales and marketing? 2 A. No, sir, I don't recall. 3 Q. And you don't know out of which branch that 4 would have come? 5 A. No, I don't. 6 Q. Okay. And I take it your first experience 7 with PCBs was when you went into this job in 1968? 8 A. That's correct. 9 Q. Had you ever had any other experience 10 dealing with PCBs prior to that time? 11 A. No, I hadn't. 12 Q. Did you ever have any experience with 13 disposal of PCBs? 14 A. I did not. 15 Q. Were you ever involved at all with 16 containing any spills and cleanups of PCBs? 17 A. No, I wasn't. 18 Q. You had nothing to do with the 19 manufacturing end of PCBs, did you? 20 A. No, I didn't. 21 Q. Tell us what dealings you had with 22 Mr. William Papageorge during that period of time. 23 A. He was -- I believe he had been one of 24 the -- I don't recall -- I believe was at one of the 25 plants, and he came into head -- WALLER REPORTING, INC. HARTOLDMONOOQ8513 17 1 Q. January of 1970? 2 A. Is that when it was? 3 Q. Yeah. 4 A. He came into basically be the focal point, 5 in my understanding, for all -- pulling together all of 6 the PCB activities. 7 Q. And I takeit you - 8 A. At -- 9 Q. I'm sorry. Go ahead. 10 A. Go ahead. 11 Q. I didn't meant to interrupt. You go ahead. 12 A. Go ahead. 13 Q. I take it you communicated with him 14 regarding developments with respect to PCBs on a 15 periodic basis? 16 A. Yes. 17 Q. Okay. Did you, yourself, ever 18 familiarize -- I mean did you ever familiarize yourself 19 with studies about the impact of PCBs on the 20 environment? 21 A. Just reading in general and sitting in 22 meetings, but that's about the extent. 23 Q. You relied on Mr. Papageorge for that? 24 A. And others, yes. 25 Q. Who else besides him? WALLER REPORTING, INC. HARTOLDMONOOQ8514 18 1 A. Bill Richard. 2 Q. Okay. Mr. Papageorge was the head of that 3 unit, though, wasn't he? 4 A. That was his -- I don't know if it was a 5 formal unit or not, but that was his responsibility, 6 yes. 7 Q. Okay. When did you first become aware of 8 the presence of PCBs in the environment? 9 A. When I first heard of the article in the 10 San Francisco Chronicle. 11 Q. Do you remember when that was? 12 A. It was early '69. 13 Q. And what was that article about? 14 A. It was about the peregrine falcon. It was 15 a study which basically said that the falcon was eating 16 the fish, and then the falcon was having dead egg 17 shells, and the new eggs were dying. Now, that's a 18 layman's view, I'm afraid. 19 Q. I have probably asked you this question in 20 a different way, but let me just specifically ask you, 21 the information that -- Strike the question. When you 22 needed specific information to provide to customers 23 concerning PCBs and PCBs in the environment, did you go 24 to Mr. Papageorge for that information? 25 A. Probably. WALLER REPORTING, INC. HARTOLDMONOOQ8515 19 1 Q. And in addition to Mr. Papageorge, you 2 would attend meetings where this matter was discussed? 3 A. Yes. 4 Q. And itwas discussed in some detail in 5 various sales meetings; is that correct? 6 A. I don't recall that so much as in meetings 7 with the -- with research and manufacturing, just 8 general communication meetings between functions. 9 Q. And I take it you wanted to know about that 10 so you could advise your customers? 11 A. Yes. 12 Q. Now,during the period of time that you 13 were director of marketing and sales did Monsanto notify 14 its customers of concerns with respect to the presence 15 of PCBs in the environment? 16 A. Yes 17 Q. How did Monsanto go about notifying its 18 customers of information regarding PCBs? 19 A. Through letters to the customers. 20 Q. What about personal contact from your sales 21 people? 22 A. Well, I'm sure -- Yes, there was, but I 23 cannot be specific, a particular plan or when it was, 24 but, yes. 25 Q. Can you tell us how? Did you all have WALLER REPORTING, INC. HARTOLDMON0008516 20 1 meetings, and how was that discussed in the meetings 2 that that would be conveyed personally to the various 3 customers? 4 A. We -- First we had -- As far as meetings, 5 we would have an annual sales meeting, and I'm sure that 6 if -- this would be conveyed that that would be part of 7 it. Plus, none of these groups were so large that they 8 couldn't communicate pretty quickly to each other. 9 There aren't that many people in any one of them. 10 Q. I'm not following that. You mean the 11 groups within Monsanto? 12 A. The groups within -- No. I'm saying like, 13 for instance, the industrial fluids group or the 14 therminol group. These were all relatively small 15 groups, and there was good communication within them. 16 Q. Did you ever make any trips to any of 17 Monsanto's customers to specifically discuss PCBs with 18 them? 19 A. No, I did not. 20 Q. Okay. That would have been done through 21 your salesmen? 22 A. Yes. 23 Q. And letters orcorrespondence? 24 A. Yes. 25 MR. CASSIS: Off the record. WALLER REPORTING, INC. HARTOLDMONOOQ8517 21 1 (Whereupon, a discussion was held off the record.) 2 Q. (By Mr.Cassis) How would youdefine your 3 role in notifying customers of the effects of PCBs in 4 the environment? 5 A. I'm not sure exactly what you mean. 6 Q. You stated earlier that you sent out 7 correspondence? 8 A. Yes. 9 Q. And your salesmen talked to them directly? 10 A. Yes. 11 Q. How would you as the director ofmarketing 12 and sales be involved in that? 13 A. I signed the major letter that went out to 14 customers, and I was -- I don't recall the specifics, 15 but, you know, I was somehow involved in the developing 16 of that. 17 Q. Okay. When you said "the letter," are you 18 talking about the December 9, 1970, letter? 19 A. No. They were in January to February. 20 Q. February 9, 1970? 21 A. I said "the letter." There were two 22 letters at that time within a short period of each other 23 that went to different customers bases. 24 Q. You say they were two letters that went to 25 two different customer bases? WALLER REPORTING, INC. HARTOLDMON0008518 22 1 A. Yes. They were similar letters, but one 2 went to a number of customer bases, and the second one, 3 which was very similar, had something added to it, 4 specifically for the dielectric industry. 5 Q. Now, you sent - 6 MR. DAVIDSON: Off the record. 7 (Whereupon, a discussion was held off the record.) 8 Q. (By Mr. Cassis) You sent out two letters, 9 one to the dielectric group? 10 A. Yes. 11 Q. And the other to what other group? 12 A. The one you werereferencing dated first 13 went to the -- it was aimed to the industrial hydraulic 14 fluid customers, to the Therminol customers, and I 15 believe to the industrial users of Aroclor as a product. 16 Q. All right. Now, did you -- Let me have you 17 refer to Exhibit No. 1, if you would. Itake it that 18 you had a -- Mr. Papageorge has already testified, 19 Mr. Olson. I'm just going to kind of get to some of 20 that, that you all kept a list of the customers that 21 used hydraulic -- that you sold hydraulic fluids, mainly 22 Pydraul to, and any kind of information which you would 23 send to these people you would take from that master 24 list. Is that correct or not? 25 A. I believe so, yes. WALLER REPORTING, INC. HARTOLDMON0008519 23 1 Q. Okay. Let me have you look at Exhibit 2 No. 1 and ask you to take a look at the front page, as 3 well as the rest of the pages. 4 A. Yes, sir. 5 Q. The front page ofthat exhibit shows that 6 that letter was sent to Rockwell at three locations. 7 Would you please read that into the record. 8 A. Would I? 9 Q. Yes, please. 10 A. I don't know what you want me to do. 11 Q. On the very front page of that where it 12 says Exhibit 1 - 13 A. Yes, sir. 14 Q. --it shows that that letter was sent to 15 three Rockwell locations, and I'd like for you to read 16 into the record to which locations that letter was sent 17 to. 18 A. You want me to readthese names? 19 Q. Please. 20 A. Because I have no personal they were sent, 21 but I'll read them. 22 Q. Okay. 23 A. Okay. Director of purchases, Rockwell I 24 Manufacturing Company, Pittsburgh Du Bois Division, Du 25 Bois, Pennsylvania. WALLER REPORTING, INC. HARTOLDMON0008520 24 1 Q. How about the one to Russellville/ 2 Kentucky? 3 A. "Director of purchases/ Rockwell 4 Manufacturing Company/ Russellville/ Kentucky." 5 Q. All right. Now, that first page of that 6 Exhibit 1, is that a redacted list? By that I mean 7 there were other customers' names on this page, but for 8 purposes of producing it to us, I take it those 9 customers names were eliminated? And this is also 10 directed to your attorney, if he might help you. 11 MR. DAVIDSON: That is what happened, and 12 how this page was made up, yes. I'm not sure that 13 Mr. Olson had anything to do with it or knows how it was 14 made up. 15 Q. (By Mr. Cassis) So you - 16 A. I go by him. I don't recall the actual 17 list or -- and I can't remember. 18 Q. You do recall that Rockwell in 19 Russellville, Kentucky, was a customer of yours, do you 20 not? 21 A. I don't at this date have any personal 22 knowledge -- recollection of it, no. 23 Q. Okay. Is there any doubt in your mind that 24 the letter which you sent out on February 9, 1970, was 25 not sent to the Russellville location for Rockwell? WALLER REPORTING, INC. HARTOLDMON0008521 25 1 MR. GOEBEL: I'm going to object. He's 2 already said he doesn't have any personal memory -- or 3 personal knowledge it was sent and no memory of it being 4 sent. 5 Q. (By Mr. Cassis) Answer the question. 6 Don't pay any attention to his objection. Just answer 7 the question. 8 A. I would -- I can only assume that it was 9 sent there. 10 Q. And how do you make that assumption? 11 A. Because my -- All I do recall, I recall 12 that we did as diligent a job as we could of making sure 13 that we notified every possible customer because that 14 was very important for us to do. 15 Q. And did you work with -- I'm sorry. Go 16 ahead. 17 A. Go ahead. 18 Q. Did you work with Mr. Papageorge in 19 developing this letter? 20 A. I can't recall how -- I do not recall how 21 it was actually put together. 22 Q. Okay. Was this letter sent out as part of 23 a custom and practice of Monsanto to keep your customers 24 informed? 25 A. Yes. And I know I personally felt very. WALLER REPORTING, INC. HARTOLDMON0008522 26 1 very strongly of keeping customers informed of any 2 happenings. 3 Q. Is that your signature up there? 4 A. Yes, it is. 5 Q. And you signed this letter? 6 A. Yes, I did. 7 Q. And you participated in the preparation of 8 that letter with Mr. Papageorge? 9 A. I'm sure I played a role, but I can't tell 10 you what it was, and I don't know who else did. 11 Q. But you have no doubt that you did send a 12 letter to your customers? 13 A. That is correct. 14 Q. Okay. I think you told us you never 15 visited any of the Rockwell facilities, did you? 16 A. No, I did not. 17 Q. Did you ever speak with anyone from any of 18 the Rockwell facilities yourself? 19 A. Not to my knowledge. 20 Q. Okay. Do you have any reason to believe 21 that this letter was not sent out to the Rockwell 22 facilities listed on the front? 23 A. No, I do not. 24 Q. Okay. The actual sending of the letter and 25 putting it in the mail and all that, you would have WALLER REPORTING, INC. HARTOLDMON0008523 27 1 directed to someone in your office to do, wouldn't you? 2 A. Yes. 3 Q. Okay. Was the first time you heard the 4 Rockwell Russellville facility after you took over that 5 job in 1968? Was that the first time you'd ever heard 6 of the Rockwell facility? 7 A. Oh, I'm sure I had not heard of it before 8 that. 9 MR. DAVIDSON: Off the record. 10 (Whereupon, a discussion was held off the record.) 11 Q. (By Mr. Cassis) Can you tell us whether or 12 not the attachment referred to in your letter in the 13 last paragraph -- 14 A. Okay. 15 Q. -- was this the -- where it says, "Chemical 16 Week, October 29, 1969," was that included with that 17 letter which you sent out? 18 A. Yes. 19 Q. Now, you sent theletter out on February 9, 20 1970. Did you sign it that same day? 21 A. I don't recall that exactly, what day it 22 was signed. 23 Q. Did you participate indrafting or 24 reviewing any other documents or correspondence that 25 were disseminated to Monsanto's customers about PCBs WALLER REPORTING, INC. HARTOLDMONOOQ8524 28 1 during that period of time from 1968 to 1970? 2 MR* GOEBEL: Besides the dielectric letter 3 he's already told us about? 4 Q. (By Mr. Cassis) No. I'm talking about 5 besides that dielectric letter, yeah. 6 A. I believe that I did -- that there was one 7 letter which I signed which went specifically to the 8 industrial users, the people who bought Aroclor, per se. 9 Q. So that would not have been Rockwell? 10 A. No. It was for people who bought -- In 11 fact, the product was called Aroclor for industrial 12 uses, and it told them of some reformulation activities. 13 Q. So for those customers who purchased 14 Pydraul containing PCBs, the letter of February 1970 15 would be the only one in which you were involved in 16 sending to the customers concerning PCBs? 17 A. That's correct. 18 Q. Was that sent out in the regular course of 19 Monsanto's business? 20 A. Yes. 21 Q. Were you involved in any recommendations 22 oncerning the disposal of PCB materials by any of your 23 ustomers? 24 A. Not that I recall specifically. 25 Q. Did you know that Monsanto had an WALLER REPORTING, INC. HARTOLDMON0008525 29 1 incinerator for PCBs? 2 A. I don't believe they did at that time. I 3 don't believe. 4 Q. You don't know when they had that? 5 A. No. 6 Q. Were you involved in 1970 in any way with 7 respect to labeling the -- or putting an additional 8 label on the Pydraul which was sold to customers? 9 A. Not directly that I recall. 10 Q. That would all be Mr. Papageorge, wouldn't 11 it? 12 A. Yeah -- I can't speculate. He certainly 13 would have been a key person with it. 14 Q. Were youfamiliar withwhat these labels 15 said? 16 A. No. 17 Q. So I think it'sfair to say inconcluding 18 my direct questioning of you that the letter of 19 February 9, 1970, which was sent to director of 20 purchases, Rockwell Manufacturing, Russellville, 21 Kentucky, and the other two Rockwell locations would 22 have been the only time that you were involved in 23 writing to Rockwell with respect to PCBs in the 24 environment? 25 MR. GOEBEL: I'm going to object to the WALLER REPORTING, INC. HARTOLDMON0008526 30 1 form. Your question assumes facts not in evidence* 2 Q. (By Mr. Cassis) That'sfine. Go ahead and 3 answer the question. 4 A. Yes. 5 MR. CASSIS: That's all I have. 6 CROSS-EXAMINATION 7 QUESTIONS BY MR. GOEBEL: 8 Q. Mr. Olson, my name is Tony Goebel. I 9 represent Rockwell International, along with 10 Mr. Weinreb. Just a few questions. 11 A. Sure. 12 Q. What did you do to prepare for this 13 deposition? 14 A. I did two things. I -- Over the weekend I 15 read through past depositions that I've given, and then 16 I met for a period yesterday with this fine gentleman. 17 That's the extent of it. 18 Q. Did you review any documents? 19 A. Yes. 20 Q. Did you reviewDeposition Exhibit No. 1? 21 A. Yes. 22 Q. Did you review any others? 23 A. Yes. 24 Q. Do you recall what they were? 25 I A. I reviewed this whole packet -- or saw this WALLER REPORTING, INC. HARTOLDMON0008527 31 1 whole packet, didn't really review it, because it was 2 after I was long gone, but I saw this whole packet, and 3 there were a couple of other documents that were 4 Monsanto documents. 5 Q. Other than Exhibit 1, your name doesn't 6 appear on any of the other documents you've reviewed; is 7 that right? 8 A. That's right. 9 Q. And you really have no personal knowledge 10 of the matters contained in those other documents? 11 A. That's correct. 12 Q. Are the Monsanto documents he showed you 13 the sales records documents? 14 A. Yes. 15 Q. He's agreed to produce those to us. So I 16 won't ask you any more about it. 17 A. Okay. 18 Q. You never visited Russellville, and you 19 don't know who in the sales and marketing staff actually 20 visited the Russellville site; is that right? 21 A. That's correct. 22 Q. And although you generally told your sales 23 reps to notify customers orally about the presence of 24 PCBs, sitting here today you can't tell us if that was 25 done with respect to Russellville? WALLER REPORTING, INC. HARTOLDMON0008528 32 1 A. I cannot. 2 Q. Or who would have done it? 3 A. That's correct. 4 Q. And there would be no record of that 5 communication, is that right, to your knowledge? 6 A. To my knowledge. 7 Q. Do you know if there were any written 8 records of the annual meetings that you described 9 earlier? 10 A. I'm referring to our sales meetings. No, 11 I'm sure there would not be any. 12 Q. If I understand your testimony correctly 13 with respect to Exhibit 1, other than the fact that 14 there is a cover page on there with three addresses for 15 Rockwell's -- three of Rockwell's plants, you have no 16 other information regarding that letter being sent to 17 Rockwell? 18 A. That's correct. 19 Q. And I think you said you have no personal 20 knowledge that this letter was actually sent to those 21 addressees; is that right? 22 A. That is correct. 23 Q. And you have no memory of that letter in 24 Exhibit 1 being sent to those three sites? 25 A. I do not have a memory, period. Excuse me. WALLER REPORTING, INC. HARTOLDMON0008529 33 1 Q. And you actually have no recollection of 2 the Russellville site even being a purchaser of Pydraul 3 fluid; is that correct? 4 MR. CASSIS: Objection. He didn't say 5 that. 6 Q. (By Mr. Goebel) Well, that's a question. 7 Do you? 8 MR. DAVIDSON: Go ahead. 9 A. The only recollection I have is the numbers 10 I saw, is the sales statistics I saw yesterday. 11 Q. (By Mr. Goebel) The only knowledge you 12 have is after reviewing some sales records? 13 A. That's correct. 14 Q. And do you recall the types of Pydraul 15 formulas that Russellville purchased? 16 A. Only from what -- I recall only from 17 yesterday. Beyond that, I do not. 18 Q. All right. Do you know if any of the 19 Pydraul fluids on or after 1970, say January 1, 1970, 20 had an environmental warning label on them? 21 A. I don't recall. 22 Q. You don't know when PCBs were released into 23 the environment at the Russellville site, if at all, do 24 you? 25 A. I have no knowledge. WALLER REPORTING, INC. HARTOLDMON0008530 34 1 Q. And you don't know when Rockwell discovered 2 any releases of PCBs into the environment, do you? 3 A. No, I do not. 4 MR. GOEBEL: I think that's all. Thank 5 you. 6 CROSS-EXAMINATION 7 QUESTIONS BY MR. PRICE: 8 Q. Mr. Olson, my name is Gene Price. I 9 represent Home Insurance Company, a third-party 10 defendant in this case. In 1970, February of 1970 you 11 were director of sales, functional fluids group? 12 A. (The witness nods in the affirmative.) 13 Q. As part of your duties - 14 A. Yes. 15 Q. Thank you. As part of your duties and 16 responsibilities were you required to take letters and 17 deliver them to the postal service for delivery? 18 A. No. I do need to do that in my job now, 19 but not then. 20 Q. Was that was someone in your staff or 21 someone at Monsanto responsible for that? 22 A. There were just mail pickups. I have no 23 idea who did. 24 Q. In the ordinary course of your business 25; when you signed a letter, did you find that it went out, WALLER REPORTING, INC. HARTOLDMONOOQ8531 35 1 that people received your letters? 2 A. Yes. 3 Q. Okay. Do you know of any instance where 4 any of -- Well, do you have any reason to believe this 5 letter was not sent to the addresses listed on the 6 front? 7 A. I have no -- 8 MR. CASSIS: Let him finish. 9 MR. GOEBEL: Let me object. I'll object 10 because he's already said he has no personal knowledge 11 of that letter ever being sent to the addressees. 12 MR. CASSIS: Read back the question. Let 13 him answer. 14 (Whereupon, the reporter read back the last question.) 15 A. I have no reason to believe it was not 16 received. 17 MR. PRICE: Okay. That's all I've got. 18 REDIRECT EXAMINATION 19 QUESTIONS BY MR. CASSIS: 20 Q. I have one last question. That is, as 21 director of sales, was this letter prepared by you in 22 the ordinary course of your work and duties as director 23 of sales? 24 A. Yes. 25 MR. CASSIS: That's all. WALLER REPORTING, INC. HARTOLDMON0008532 36 1 MR* WBINRBBi Hold on one second. 2 (Whereupon, a discussion was held off the record.) 3 RECROSS-EXAMINATION 4 QUESTIONS BY MR. GOEBEL: 5 Q. Do you recall if there were any prior 6 drafts of this letter in Exhibit 1? 7 A. I just don't have any recollection. 8 Q. You didn't review any prior drafts? 9 A. I just don't recall whether there were one, 10 two. I have no idea. I just don't remember. 11 MR. GOEBEL: All right. That's all. Thank 12 you 13 MR. CASSIS: Thank you, Mr. Olson. 14 15 DONALD A. OLSON 16 Subscribed and sworn to before me this *7 day 17 of Hif ________________, 1993. 18 My Commission expires: 19 JOHN YO'M "1 Notary K;biN - Ntt-.ry S~-i! j 20 STATE OF OF;! \ St. Lewis Cc.jrly 3 21 tty Commistan Ltu.rz'i: j.,.s 5, ic.57 ] ___ Jk/ysA IJnLj[Notary Public] 22 JOHN G. YOCH 23 Notary Publiq ORIGINALNotary Seal 24 STATE OF MISSOURI 25 AAC Commercial Union vs. Rockwell International, et al. WALLER REPORTING, INC. HARTOLDMONOOQ8533 STATE OF MISSOURI ) ) COUNTY OF ST. LOUIS ) I, ALICIA A. CARTER, a Registered Professional Reporter and a duly commissioned Notary Public within and for the State of Missouri, do hereby certify that pursuant to Notice there came before me at the law office of Husch & Eppenberger, 100 North Broadway, Suite 1300, St. Louis, Missouri 63102, DONALD A. OLSON, who was by me first duly sworn to testify to the truth and nothing but the truth of all knowledge touching and concerning the matters in this cause; that the witness was thereupon examined under oath and said examination was reduced to writing by me; and to be read and signed by the witness; and that this deposition is a true and correct record of the testimony given by the witness. I further certify that I am neither counsel for nor related nor employed by any of the parties to the action in which this deposition is taken; further that I am not a relative or employee of any attorney or counsel employed by the parties hereto financially interested in this action. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal May 18, 1993. ALICIA A. CARTER Notary Public, within and for the State of Missouri WALLER REPORTING, INC. HARTOLDMONOOQ8534 PAGE 1 OP ___1 Donald A. Olson NAME OF WITNESS DEPOSITION CORRECTIION SHEET Page 13 Line 5 Should read: SKYDROL Reason for change: MISSPELLED Page Line Should read: 13 6 SAME AS ABOVE Reason for change: Page 13 Line 12 Should read: SAME AS ABOVE Reason for change: Page 18 Line 16 Should read: THIN Tather than DEAD Reason for change: Transcribed incorrectly. Page 23 Line 20 Should read: Personal KNOWLEDGE Reason for change: Transcribed incorrectly Page 25 Line 23 Should read: CUSTOMER rather than CUSTOM AND Reason for change: Transcribed incorrectly Page Line Should read: Reason for change: ~ WITNESS WALLER REPORTING, INC. HARTOLDMONOOQ8535 PI I'O ' ; ;i 36 1 MR. WEINREB: Hold on one second. 2 (Whereupon, a discussion was held off the record.) 3 RECROSS-EXAMINATION 4 QUESTIONS BY MR. GOEBEL: 5 Q. Do you recall if there were any prior 6 drafts of this letter in Exhibit 1? 7 A. I just don't have any recollection. 8 Q. You didn't review any prior drafts? 9 A. I just don't recall whether there were one, 10 two. I have no idea. I just don't remember. 11 MR. GOEBEL: All right. That's all. Thank 12 you, 13 MR. CASSIS: Thank you, Mr. Olson. 14 15 DONALD A. OLSON 16 Subscribed and sworn to before me this 17 of AUy., 1993. *7 day 18 My Commission expires:. 19 JOHN <;. YGFM Horary HubiJ. 20 STATE OF PiNYOJiO | 3b Lc.c'a Coj'Yy !< 21 tty Commisaian \f,:n | A [Notary Public] 22 JOHN G. YOCH 23 Notary Publiq ORIGINALNotary Seal 24 STATE OF MISSOURI 25 AAC Commercial Union vs. Rockwell International, et al WALLER REPORTING, INC. HARTOLDMONOOQ8536 PAGE 1 OF 1 Donald A. Olson NAME OF WITNESS DEPOSITION CORRECTIION SHEET Page 13 Line 5 Should read: SKYDROL Reason for change: MISSPELLED Page Line Should read: 13 6 SAME AS ABOVE Reason for change: Page 13 Line 12 Should read: SAME AS ABOVE Reason for change: Page 18 Line 16 Should read: THIN father than DEAD Reason for change: Transcribed incorrectly. Page 23 Line 20 Should read: Personal KNOWLEDGE Reason for change: Transcribed incorrectly Page 25 Line 23 Should read: CUSTOMER rather than CUSTOM AND Reason for change: Transcribed incorrectly Page Line Should read: Reason for change: SIGNATURE OF WITNESS WALLER REPORTING, INC. HARTOLDMONOOQ8537