Document b5qqkxg106mGNQQrn8Ygw0gZ3

Page 1 Page 3 1 STATE OF ALABAMA IN THE CIRCUIT COURT FOR ETOWAH COUNTY 2 (Transferred from Calhoun County, Alabama) 1 EXHIBITS 2 Plaintiffs' Marked Offered 3 3 One 9 SABRINA ABERNATHY, etal., 4 Plaintiffs, 4 Two 5 Three 53 57 5 CIVIL ACTION NO. 6 Four 71 versus CV-2001-832 6 (Consolidated) MONSANTO COMPANY, et al., 7 Five 8 Six 75 81 7 Defendants. 8 9 / 9 Seven 92 10 11 No other exhibits were marked for DEPOSITION OF JAMES NOLEN SIMS 10 11 The deposition of JAMES NOLEN SIMS was identification, offered or attached as 12 exhibits hereto. 12 taken before Deborah Salers Garrett, Certified 13 13 Shorthand Reporter, Registered Professional 14 Reporter, as Commissioner, commencing at 2:00 15 p.m. on December27, 2001, by the Plaintiffs, 14 15 16 at the law offices of Fite & Miller, Suite 16 17 400, SouthTrust Bank Building, Anniston, 18 Alabama, pursuant to the stipulations set 19 forth herein. 17 18 20 Regional Reporting Service, Inc. 21 755 Walnut Street Gadsden, Alabama 35901-0755 19 20 21 Page 2 Page 4 1 APPEARANCES 2 For the Plaintiffs: 3 1 STIPULATIONS 2 IT IS STIPULATED AND AGREED by the 3 parties, through their respective counsel, HOWARD BRESSLER, Esq. 4 KASOWITZ, BENSON, TORRES & FRIEDMAN, LLP 1633 Broadway 5 New York, New York 10019 4 that the deposition of JAMES NOLEN SIMS may be 5 taken before Deborah Salers Garrett, CSR, RPR, 6 as Commissioner and Notary Public, Alabama at 6 7 For the Defendants: 8 EDWARD M. NEWSOM, Esq. 7 Large, at Anniston, Alabama, on December 27, 8 2001, at 2:00 p.m. LAWRENCE J. MYERS, Esq. 9 IT IS STIPULATED AND AGREED that the 9 SMITH, HELMS, MULLIS & MOORE Suite 750, 1355 Peachtree Street, NE 10 Atlanta, Georgia 30309 10 signature to and reading of the deposition by 11 the witness is waived, the deposition to have 11 12 the same force and effect as if full 12 13 INDEX Page 13 compliance were had with all laws and rules of 14 Court relating to the taking of depositions. 14 15 IT IS STIPULATED AND AGREED that it Stipulations 15 Reporter's Certificate 4 106 16 shall not be necessary for any objections to 17 be made by counsel to any questions except as 16 17 EXAMINATIONS 18 18 to form or leading questions and that counsel 19 may make objections and assign grounds at the 20 time of trial or at the time said deposition Witness: JAMES NOLEN SIMS 19 20 By Mr. Bressler 21 5 Page 21 is offered in evidence or prior thereto. 22 IT IS STIPULATED AND AGREED that notice 23 of filing by the Commissioner is waived. Pages 1 - 4 HARTOLDMONO018925 Page 5 1 STATE OF ALABAMA, ANNISTON, DECEMBER 27, 2001 2 3 JAMES NOLEN SIMS, 4 after having been first duly sworn, was 5 examined and testified as follows: 6 7 EXAMINATION 8 BY MR. BRESSLER 9 Q. Mr. Sims, good afternoon. My name is 10 Howard Bressler. I'm with a law firm in 11 New York called Kasowitz, Benson, 12 Torres, and Friedman. We represent the 13 plaintiffs in this lawsuit against 14 Monsanto. How are you today, sir? 15 A. Fine. You? 16 Q. I'm good. Thank you. 17 What is your full name, sir? 18 A. James Nolen Sims. 19 Q. Mr. Sims, have you been deposed before? 20 A. Yes, sir. 21 Q. I'm sorry? 22 A. Yes, sir. 23 Q. What case was that? Do you recall? 1 2 3 4 5 6 A. 7 Q. 8 A. 9 Q. 10 A. 11 Q. 12 A. 13 14 Q. 15 A. 16 Q. 17 A. 18 19 20 21 Q. 22 23 Page 7 start another question. That also makes it easier for the court reporter to take down everything that we say. Are you on any medication today, sir? Yes. What are you on? Lipitor, Proscar. I'm sorry. Lipitor and what else? Proscar. Anything else? Hytrin. MR. MYERS: Hytrin, H-y-t-r-i-n. Anything else? That's all. What are those medications, sir? Lipitor is for blood pressure. Hytrin is for blood pressure. Excuse me. Lipitor is for cholesterol. Proscar is prostate medication. Do any of the medications you are on have side effects that might affect your ability to answer questions or affect Page 6 Page 8 1 A 1 don't recall. It was taken here. 1 your memory in any way? 2 MR. BRESSLER: Was that also in 2 A. Well, age. No. 1 function fine with 3 the Owens -- 3 it. 4 MR. MYERS: Owens Adams, yes. 4 Q. Okay. By the way, if 1 ask a question 5 Q . I'm going to run through some of the 5 during the course of the deposition that 6 grounds rules of a deposition with you. 6 you don't understand or you are not sure 7 You are probably an expert as a result 7 what the meaning of it is, please let me 8 of the Owens case, but 1 will just run 8 know and 1 will try to rephrase it for 9 through it anyway. 1 will be asking you 9 you. 10 a series of questions. You are under 10 MR. MYERS: And try to speak up a 11 oath as you would be in a court of law. 11 little only because there is 12 And you are therefore obligated to 12 a fan right over your head. 13 answer truthfully, and 1 don't doubt 13 Q. If you need to take a break at any time, 14 that you will. 14 let me know, and 1 will be happy to 15 1 will also ask that you answer 15 accommodate you, sir. 16 audibly. The court reporter cannot 16 A. Okay. 17 record shaking of the head or uh-huh or 17 Q. How long have you been taking these 18 uh-uh. Those things can get confused in 18 medications that you are on? 19 record. 19 A. Hytrin probably ten years; Proscar and 20 Also 1 would just ask that you 20 Lipitor three to four years. 21 wait until 1 finish my questions before 21 Q. Do you have high cholesterol, sir? 22 you start an answer. 1 will try to make 22 A. Yes. 23 sure you finish your answer before 1 23 Q. How high is it? Pages 5 - 8 HARTOLDMONO018926 Page 9 Page 11 1 A. Two hundred. 1 Do you have any documents in your 2 Q. Mr. Sims, I'm going to show you what we 2 possession at home or elsewhere that 3 are going to mark as Sims Exhibit One. 3 might be responsive to that request. 4 (Plaintiffs' Exhibit Number 4 A. No, sir. Excuse me. Were you through? 5 One was marked for 5 Q. That's okay. Look at the second 6 identification.) 6 paragraph, sir. All material safety 7 Q. 1 want to ask you, sir, if you recognize 7 data sheets and/or training materials 8 this document. Have you ever seen it 8 given to you concerning Monsanto's 9 before? 9 Anniston plant and/or PCB and/or any PCB 10 A. 1 have not seen it. 10 remediation work at the Anniston plant. 11 Q. You have not seen it? 11 Do you have any documents in your 12 A. No. 12 possession in your home or elsewhere 13 Q. 1 represent to you this is the notice of 13 that might be training materials or 14 deposition that was issued by our firm 14 safety sheets or anything having to do 15 for your deposition here today. Did you 15 with PCBs or remediation at the Anniston 16 discuss the fact you had been noticed 16 plant? 17 with anyone? 17 A. No, sir. 18 A. No. The only one 1 have talked to is 18 Q. In paragraph three on the next page, 19 Mike Kelly. 19 sir, the request is for all medical 20 Q. And 1 don't want to get into anything 20 reports that relate to you concerning 21 privileged, but did he essentially just 21 PCBs and/or any PCB remediation work at 22 tell you you were going have a 22 the Anniston plant. Do you have any 23 deposition today? 23 medical reports that relate to you 1 A. 2 Q. 3 4 A. 5 Q. 6 7 A. 8 Q. 9 10 11 A. 12 Q. 13 A. 14 15 Q. 16 17 18 19 20 21 22 23 Page 10 Yes. 1 Did he ask you to bring any documents 2 A. with you? 3 Q. No. 4 Did he discuss with you at all any 5 documents that you were to bring? 6 No. 7 When is the first time you spoke with 8 A. Mr. Kelly about the fact you were going 9 Q. to be deposed in this case? 10 A. 1 would say December 22nd, 23rd. 11 Q. Okay. 12 A. 1 told him 1 couldn't do it before 13 Q. Christmas, do it after Christmas. 14 A. If you would, just look at page four of 15 Q. the deposition notice, at the bottom 16 A. where it says requested documents. In 17 Q. paragraph one it says all documents 18 including but not limited to 19 A. correspondence, notes, records, and/or 20 Q. memoranda that refer or relate in any 21 way to Monsanto generally and Monsanto's>22 Anniston plant specifically or to PCBs. 23 A. Page 12 concerning PCBs or any PCB remediation? No, sir. Okay. You can put that one aside. We are finished with that one. I'd like to get some background information on you if that is okay. Where do you live, sir? Address? Yes. 4706 Brandon Mill Circle. What was that? Brandon. Brandon? Mill Circle. Is that here in Anniston? Yes. Where is that -- Well, first of all, how long have you lived at that address? Eleven and a half years. And where is that address in relation to the Monsanto plant, Monsanto property? How far away is that? Approximately eight miles. Pages 9-12 HARTOLDMONO018927 1 Q. 2 A. 3 Q. 4 A. 5 Q. 6 A. 7 Q. 8 A. 9 10 11 Q. 12 13 A. 14 Q. 15 16 A. 17 Q. 18 A. 19 Q. 20 A. 21 Q. 22 A. 23 Q. Page 13 And where did you live before that, sir? 1 A. Logan Martin Lake. 2 And you lived on the lake, sir? 3 Q. Yes. 4 What was your address? Do you recall? 5 A. No, sir. 6 Q. Okay. 7 1 know the name of the subdivision was 8 Shannon Lynn Shores, but as far as my 9 street address, 1 don't remember that. 10 A. And what period of time did you live on 11 Q. Logan Martin Lake? 12 Three and a half years, from '86 to '90. 13 A. And after that you moved to your current 14 Q. address? 15 A. Yes. 16 Q. Were you born in Anniston, sir? 17 No, sir. 18 A. I'm sorry? 19 No, sir. 20 Where were you born? 21 Clay County, Delta. 22 How far is that from here? 23 Q. Page 15 Sixty-eight -- sixty-seven. I'll be sixty-eight in April. And before you lived on Logan Martin where did you live, sir? 116 Patricia Road. I'm sorry. Let me jump back. Your residence on Lake Logan Martin, about how far is that from the Monsanto property? Approximately twenty miles. And your residence on Patricia Road, how far was that from the Monsanto property? Six to eight miles. Sixteen? Six to eight. And what period of time did you live at the Patricia Road residence? You'll have to excuse my memory, now. Let's see. We moved out there probably '62 until we moved to the lake, and that was in '83, '84 -- '86 or '7, 1 believe 1 said. And what about before 1962, sir? Page 14 Page 16 1 A. Thirty miles. 1 A. 518 South Quintard. 2 Q. When did you move to Anniston, sir? 2 Q. And do you remember from when to when 3 A. 1946. 3 you lived there? 4 Q. And why did you move to Anniston? 4 A. From twelve until 1 moved to Saks. 5 A. My dad worked at Monsanto. 5 Q. So the address on South Quintard was the 6 Q. Did he start working at Monsanto in '46 6 place you first lived in Anniston? 7 and that is why the family came over? 7 A. Yes. 8 A. I'm not sure. They could have drove 8 Q. About how far is that from the Monsanto 9 until we did move. But I'm not sure of 9 property? 10 that. 10 A. Four miles. 11 Q. Your previous address is driving 11 Q. Sir, are you married? 12 distance from say where the Monsanto 12 A. Yes. 13 property is? 13 Q. How long have you been married? 14 A. Where 1 was born? 14 A. Fifty years. 15 Q. Well, you said you moved to Anniston in 15 Q. God bless. Fifty years this year? 16 1946. What I'm wondering, the place you 16 A. Yes, sir, February. 17 lived before, that was driving distance 17 Q. You are going to have to do some serious 18 for your dad? 18 shopping. 19 A. Yes, it is like thirty miles. 19 Do you have children, sir? 20 Q. How old were you when you moved to 20 A. Three girls. 21 Anniston? 21 Q. And how old are they? 22 A. Twelve. 22 A. Forty-five, forty, thirty-nine. 23 Q. Excuse me. How old are you now? 23 Q. Were your children born in Anniston? Pages 13-16 HARTOLDMONO018928 Page 17 Page 19 1 A. Yes, sir. 1 children? 2 Q. And have you lived in Anniston since 2 A. Two children, two of my grandchildren. 3 they were born? 3 Q. Okay. Mr. Sims, what is your 4 A. Yes. Just a minute. What do you mean, 4 understanding as to why is it you have 5 since they were born? 5 been called as a witness in this case? 6 Q. Since they were born have you lived 6 MR. MYERS: Object to the form. 7 continuously in Anniston? 7 A. Other than to give a deposition is all 1 8 A. No. 1 lived at the lake. 8 know. 9 Q. Is that not technically Anniston? 9 Q. Do you have any understanding as to what 10 A. Well, it is on Coosa River. It is 10 it is you will be testifying about in 11 probably about thirty miles from here. 11 this trial? 12 Q. Is that within Calhoun County? 12 MR. MYERS: Object to the form. 13 A. Talladega. 13 A. Is he objecting? 14 Q. So after your daughters were born --1 14 MR. BRESSLER: 1 should have made 15 just want to get my dates together. You 15 that clear at the outset. 16 moved to the Logan Martin area in '86, 16 And I'm assuming as in the 17 you said? 17 last deposition that all 18 A. Yes. 18 objections are reserved 19 Q. And what year was your first daughter 19 except as to form. 20 born? She's is forty-five, so that is 20 MR. MYERS: Yes. 21 1955 or so, '55, '56? 21 Q. Your lawyer may be interposing an 22 A. '54, 1 believe. 22 objection to the form of my questions or 23 Q. So from '54 to 1986 you lived at 23 perhaps otherwise in some respects. 1 2 A. 3 Q. 4 5 A. 6 7 A. 8 Q. 9 10 A. 11 12 13 Q. 14 A. 15 Q. 16 A. 17 Q. 18 A. 19 20 Q. 21 22 A. 23 Q. Page 18 Patricia Road? 1 Anniston, yeah. 2 And your daughters were raised at that 3 address? 4 A. Uh-huh (indicating yes). 5 Q. MR. MYERS: You need to say yes. 6 A. Yes. 7 Q. Do your children still live in the 8 Anniston area? 9 One lives in Oxford. One lives in 10 Atlanta. One lives in Panama City, 11 Florida. 12 A. Do you have grandchildren, sir? 13 Q. Yes, sir. 14 How many? 15 Six and one great grandchild. 16 Do any of them live in this area? 17 The daughter in Oxford has two 18 grandchildren. 19 The daughter in Oxford, is that what you 20 said? 21 Yes. She has two grandchildren. 22 She has two grandchildren or two 23 Page 20 Unless he tells you for some reason not to answer, when he is done with his objection, you can go ahead and answer. What 1 say is PCBs. And what about PCBs? What about it? Well, I'm asking you. What is it you -What information you would have about PCBs that you would be asked to testify about in this case? MR. MYERS: Object to the form. 1 worked for Monsanto, 1 guess. Mr. Sims, 1 want to ask you a couple of hypothetical questions. If you were aware of a company, sir, that manufactured a chemical -- and this is all hypothetical. If a company manufactures a chemical in more than one location, would you expect that company to provide the same type of safety equipment or protective clothing in one location as it does in another location? MR. MYERS: Before he answers let Pages 17-20 HARTOLDMONO018929 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Q. 23 A. Page 21 me object to the form of the question in the first instance because this gentleman has not been identified as an expert on any subject matter. The question is otherwise vague, ambiguous, and not limiting time or subject matter. It provides him with insufficient facts from which to answer. And to the extent it is meant to be linked to this case in any way, it omits facts which will be in evidence and includes facts which will not be in evidence. MR. BRESSLER: Is that it? MR. MYERS: Yes. You can answer the question, sir. Repeat the question. 1 2 Q. 3 4 5 6 7 8 9 10 11 A. 12 13 Q. 14 15 16 17 18 19 20 21 A. 22 23 Page 23 needed to protect themselves, yes. Here is another hypothetical, sir. If a chemical company releases a toxic chemical into a residential area, do you believe that it should inform the residents of that area that it is releasing that chemical? MR. MYERS: Same objection as to form as to the earlier hypothetical. Possibly, if they had the facts to present to the people. And if a company had those facts and was releasing a toxic chemical into an area where it was getting into a residential area and didn't tell people about it, but had the facts, what would you think about that company? MR. MYERS: Same objection as to form. Well, there again, 1 don't know. Still it would depend on what danger there was to the people or whatever, and 1 don't 1 Q. 2 3 4 5 6 7 8 9 A. 10 Q. 11 A. 12 13 14 Q. 15 16 17 18 19 20 21 A. 22 Q. 23 A. Page 22 Sure. If there is a company that 1 manufactures a certain type of chemical 2 Q. in more than one location, would you 3 expect that the employees working with 4 that chemical in each location would be 5 afforded the same kind of protective 6 equipment, clothing, things like that? 7 MR. MYERS: Same objection. 8 This is a hypothetical? 9 A. Hypothetical question. 10 1 think they should have what they 11 Q. needed to protect themselves, although 12 A. it may not be the same situation. 13 Q. Well, let's add that into the 14 A. hypothetical, that the manufacturing 15 Q. process is essentially the same, the 16 same scenario in each place. Would you 17 expect them to have the same kind of 18 protective equipment? 19 MR. MYERS: Same objection. 20 It is still hypothetical. 21 Yes. 22 A. 1 would think they would need what they 23 Page 24 know what that would be. Well, hypothetically speaking, let's say the chemical was shown in some studies to possibly cause cancer. Would that be something they ought to tell the community out where it was being released into? MR. MYERS: Same objection. 1 don't know. If it could help the people, yes. I'm sorry? If it could help the people, yes. Were you finished with your answer? Yes. If you were living in a community where stuff was being discharged that could cause cancer or might have been shown ir experiments or tests to cause cancer, would that be something you would want to know? MR. MYERS: Same objection. 1 would want to know how it come about. I'd like for them to show me all the Pages 21 - 24 HARTOLDMONO018930 1 2 Q. 3 4 5 6 A. 7 Q. 8 A. 9 Q. 10 A. 11 12 Q. 13 A. 14 Q. 15 16 A. 17 18 Q. 19 20 A. 21 Q. 22 A. 23 Q. Page 25 information. 1 Q. All information, how it came about, do 2 you mean how it got out into the 3 A. environment and what the potential 4 Q. dangers are? 5 A. And how it would affect me. 6 Q. Now, Mr. Sims, you worked for Monsanto? 7 Yes. 8 A. When did you start working for Monsanto? 9 Q. April 1960, 1 think, the best 1 10 A. remember. 11 Q. You believe it was 1960, though? 12 Yes. 13 A. And what did you do? Well, actually how 14 long did you work for Monsanto over all? 15 Twenty-five years, almost twenty-five 16 Q. and a half to be exact. 17 A. So until approximately 1985. Would that 18 Q. be correct? 19 A. Yes. December 1st, 1985. 20 Q. And did you retire in 1985? 21 A. Yes, sir. 22 What was your first position when you 23 A. Page 27 Were you in the Aroclor department from 1960 to 1969? No. You worked in Aroclor for six months? Six months. And then you went to the parathion department? Yes. And you were there until 1969? Yes. Okay. What did you do after you left the parathion department? Went back to the Aroclor department as chief operator for approximately one year. So until 1970 or so? Yes. What did you do after that? Went into the maintenance department. Maintenance? Uh-huh (indicating yes). MR. MYERS: You need to say yes. Yes, sir. Page 26 Page 28 1 went to work for Monsanto, sir? 1 Q. You don't have to say sir to me, but yes 2 A. Chemical operator was the 2 or no. And that maintenance department, 3 classification. 3 was that responsible for maintenance 4 Q. Chemical operator. And how long were 4 throughout the plant? 5 you in that position? 5 A. Yes. 6 A. 1 went to --1 was in the Aroclor 6 Q. And how long were you in the maintenance 7 department approximately six months. 7 department? 8 Q. I'm sorry? You started around April 8 A. About '81. After '81 1 was in - 1 was 9 1960, and you were in the Aroclor 9 still in maintenance, but 1 was 10 department for six months? 10 maintenance foreman at that time. 1 11 A. Yes, sir. Went to the parathion 11 worked in maintenance from about '70 to 12 department probably in '69. 12 '81 and maintenance foreman the last 13 Q. Parathion in 1969? 13 four years. 14 A. Uh-huh (indicating yes). 14 Q. You were maintenance foreman from '81 to 15 Q. Between -- You said you started in 1960 15 '84? 16 and worked in the Aroclor department six 16 A. '81 to '85 when 1 retired. 17 months. What did you do after the 17 Q. Now, what kinds of - Let me go back to 18 Aroclor department? 18 your first experience in the Aroclor 19 A. 1 went to the parathion department after 19 department in 1960. What were you doing 20 six months. 20 in the Aroclor department? 21 MR. MYERS: 1 think he meant to 21 A. We were classified as chemical 22 say until 1969 after those 22 operators. 23 six months. 23 Q. What did that job entail? Pages 25 - 28 HARTOLDMONO018931 Page 29 Page 31 1 A. I'd spend most of my name running 1 went into that process? 2 chlorinators, chlorinating Aroclor. 2 A. We caught samples on it, sent it to the 3 Q. Anything else that you did during that 3 lab. That is basically it, the only 4 six-month period? 4 thing we handled on it. 5 A. Basically trying --1 went on vacation 5 Q. 1 just want to clarify exactly what your 6 relief. That is where the jobs were 6 job nature was. Did you actually 7 that were in vacation relief. That is 7 produce the Aroclor when you were in the 8 the only department 1 worked in. 8 Aroclor department? 9 Q. And then when you went into the 9 A. One step of it, yes. 10 parathion department what did you do in 10 Q. And was that the same thing with the 11 that department? 11 parathion? 12 A. Chemical operator. 12 A. Yes. 13 Q. Pretty much the same job, just a 13 Q. Then you went back to Aroclor as chief 14 different department? 14 operator? 15 A. Yes. 15 A. Yes. 16 Q. And what did you actually do day to day 16 Q. What were your responsibilities? 17 when you were in parathion? 17 A. Just responsible for your shift, had 18 A. We -- There are about five different 18 about six or eight people to the shift. 19 jobs in there, went up the ladder, 19 And you were the chief operator, and the 20 bioacid, condensation reactors, stills, 20 ones under you were chemical operators. 21 chlorinators, that kind of thing. 21 Q. Did the other employees on the shift 22 Q. When you were in the Aroclor department 22 answer to you? 23 and then went to parathion, would you 23 A. Yes. Page 30 Page 32 1 actually handle the chemicals 1 Q. You were kind of like the sergeant. 2 themselves? 2 A. Yeah. There were several officers above 3 A. In the parathion department? 3 me, though. 4 Q. Let's start in the Aroclor department in 4 Q. Kind of like being an associate in a law 5 1960. Did you actually handle the 5 firm. Was your responsibility when you 6 Aroclor -- the chemicals that went into 6 were the shift chief operator in the 7 there? 7 Aroclor department to convey to the 8 A. We caught samples, you know, that kind 8 other employees information about the 9 of thing. 9 process, about how to do it? 10 Q. But did you in fact handle that stuff? 10 A. Only if we had a new employee for 11 A. As far as catching the samples? 11 training purposes, you know. 12 Q. When you say you handled the samples, 12 Q. So you would give on-the-job training to 13 what would you do? Where were the 13 new employees? 14 samples? Were they in a container of 14 A. Yes. 15 some sort? 15 Q. What about safety information? Was that 16 A. They were in a beaker. It is completed 16 conveyed by you to the people that you 17 on a specific gravity. We'd catch a 17 were supervising when you were the chief 18 sample in a beaker and use a hydrometer 18 operator? 19 to check the gravity. 19 A. 1 think that was conveyed by everybody. 20 Q. And what about during the time you were 20 Of course, we had our regular safety 21 in the parathion department? What kind 21 meetings, but safety was a big item. 22 of control -- what kind of interaction 22 Q. When you say it was a big item, what do 23 did you have with the chemicals that 23 you mean by that? Pages 29 - 32 HARTOLDMONO018932 Page 33 Page 35 1 A. Preached. 1 A. 1 was a pipe fitter. 2 Q. Preached by whom? 2 Q. What does a pipe fitter do, sir? 3 A. By me, being a chief operator. All the 3 A. Replace pipe, build -- They work with 4 employees were well aware of safety 4 the welder building the pipeline, 5 procedures. We had departmental safety 5 installing the pipe. 6 meetings with everybody there. And 6 Q. Would these be pipes that ran between 7 then, like on my shift, 1 was 7 the machines or pipes that ran out of 8 responsible if 1 saw anything wrong, 8 the plant? 9 correcting it, whatever. 9 A. Between the vessels, transferring from 10 Q. What kind of information was conveyed to 10 vessels to storage tanks, this kind of 11 these workers at safety meetings? 11 thing. 12 A. Anything pertaining to safety. 12 Q. And did you have those kinds of 13 Q. What was some of that stuff? 13 responsibilities throughout the plant or 14 A. When to wear your goggles, when to wear14 only in particular departments? 15 your face shield, that kind of thing. 15 A. Welding we did in the fab shop. They 16 Q. The use of safety equipment? 16 would send their pipe fitters up there 17 A. Yes. 17 to build what they needed and they put 18 Q. Did you ever discuss in any of these 18 it in. After 1 went in the pipe 19 safety meetings the potential toxicity 19 fitting, all my work was in the 20 of any of the chemicals you were working 20 parathion department. 21 with? 21 Q. The pipe fitting work was in the 22 MR. MYERS: Object to the form. 22 parathion department. 23 A. No, sir. 23 A. After 1 went in pipe fitting. We had a Page 34 Page 36 1 Q. You began in the maintenance department 1 maintenance shop for each area, and 1 2 in 1970, correct? 2 was assigned to the parathion 3 A. Late '69 or '70. 3 maintenance shop. 4 Q. 1 won't tie you down to a specific. It 4 Q. And was that true from the time you 5 was a long time ago. And what would you 5 began in the maintenance department -- 6 do on a day-to-day basis as part of the 6 or from the time you began in pipe 7 maintenance department? 7 fitting, were you only working in the 8 A. 1 started out welding. Most of that was 8 parathion until the end of your tenure? 9 done many the fab shop. 9 Is that exclusively where you worked? 10 Q. Welding? 10 A. After 1 left welding? 11 A. Yes. 11 Q. Yes, after you left welding. 12 Q. What function of the maintenance 12 A. Yes. 13 department is welding? 13 Q. You were only in the parathion 14 A. Welding pipelines to vessels, this kind 14 department in the pipe fitting? 15 of thing. 15 A. Yes. 16 Q. So when you say maintenance, you are not 16 Q. Okay. 17 talking about cleanliness, right? You 17 A. Now, that was until '80, '81, when 1 18 are talking about maintaining the 18 went to the foreman's job. Then 1 was 19 equipment itself? 19 foreman. 20 A. Yes. 20 Q. And you were maintenance foreman? 21 Q. What else besides the welding was 21 A. Yes. 22 involved in your tenure in the 22 Q. I'm sorry. So when you became a foreman 23 maintenance department? 23 then were your responsibilities Pages 33 - 36 HARTOLDMONO018933 Page 37 Page 39 1 exclusively in the parathion department, 1 that is? 2 or were they outside the parathion 2 A. Who? 3 department as well? 3 Q. Emmet Kelly. 4 A. My responsibility was the fab shop where 4 A. The name sounds familiar, but 1 don't 5 we build the pipe. 5 recognize it. 6 Q. When you say fab shop, do you mean 6 Q. Now, Mr. Sims, you started working in 7 fabrication? 7 the Aroclor department in 1960. When 8 A. Yes. 8 you came into the Aroclor department, 9 Q. And when you became foreman that is 9 what if anything were you told about 10 where you were assigned, the fab shop? 10 PCBs? 11 A. Yes. 11 A. Nothing that 1 remember. 12 Q. Was the fab shop set up in a different 12 Q. Were you told anything at that time with 13 area of the plant than where say the 13 regard to the possible health effects of 14 parathion was produced or the Aroclor 14 PCB exposure? 15 was produced? 15 A. 1 don't remember. 16 A. It was sort of the central building. 16 Q. What about with regards to handling 17 Q. Was that a separate building? 17 Aroclors when you started in 1960? Did 18 A. Yes, yes. 18 anyone give you any instructions in how 19 Q. When you worked in the Aroclor 19 to handle chemicals involved in the 20 department beginning in 1960 and when 20 process or things like that? 21 you went back in 1 think you said '69 or 21 A. Just use the safety equipment. 22 '70, who did you report to? 22 Q. What kind of safety equipment did you 23 A. Mark Williams. 23 have? Page 38 Page 40 1 Q. What was Mr. Williams' title? 1 A. Hard hats, face shields, goggles, 2 A. He was foreman, production foreman. 2 gloves, shoes. 3 Q. Anyone else during those periods? 3 Q. You said you had goggles also? 4 A. Barbara Curry, when Mark was out, but my 4 A. Yes. 5 main contact was Mark Williams. 5 Q. Did you ever have any kind of 6 Q. Do you know who Elmer Wheeler was, sir? 6 respirator, self contained breathing 7 A. Who? 7 apparatus? 8 Q. Elmer Wheeler. 8 A. We had them there if we needed them. 9 A. No. 9 Q. I'm talking only about 1960, now. 10 Q. What about William Papageorge? 10 A. Yeah. 11 A. 1 know Papageorge, yes, sir. 11 Q. Now, what about the time period when you 12 Q. You know him? 12 went back to the Aroclor department in 13 A. Yeah, yes, sir. 13 '69, '70? What kind of protective 14 Q. Did you interact at all with 14 equipment did you have there? 15 Mr. Papageorge when you were working at 15 A. Basically the same. We had some air 16 the Anniston plant? 16 packs. It had changed a lot when 1 went 17 A. Somewhat, just when we had a meeting or 17 back. 18 something. That is all 1 had with him. 18 Q. You say it had changed a lot? 19 Q. What kind of meetings would you interact 19 A. It had been automated a lot by the time 20 with Mr. Papageorge in? 20 1 went back over there. 21 A. Safety meetings, production meetings, 21 Q. How was it automated, sir? 22 that kind of thing. 22 A. Continuous chlorination, continuous 23 Q. What about Emmet Kelly? Do you know who 23 distillation, this kind of thing. Pages 37 - 40 HARTOLDMONO018934 1 Q. 2 3 4 A. 5 Q. 6 A. 7 Q. 8 9 A. 10 Q. 11 12 13 14 A. 15 16 Q. 17 18 19 20 21 A. 22 Q. 23 Page 41 You have to educate me a little bit about this process. In 1960 is it that the chlorine was added manually? Batches. Batch by batch? Uh-huh (indicating yes). What was different in 1969 or '70? How was it automated? How was it automated? Yeah. You said previously it was batch by batch. You said it was automated when you went back in '69 or '70. How was the process different? Well, it was always done with instrumentation at that time. Was there some kind of feeder or something that went into the pots or however it was cooked up? Was there like a feeder that automatically fed the chlorine in? 1 don't remember. When you were working in the Aroclor department either in 1960 or when you 1 2 3 4 A. 5 Q. 6 A. 7 Q. 8 9 A. 10 11 Q. 12 13 14 15 16 17 18 19 20 A. 21 22 23 Q. Page 43 tell you or the other people you were working with that you could not eat around the process area? Yes. Who told you that? My foreman, Mark Williams. Did he tell you why, why he didn't want you eating around that area? Not specifically that 1 remember. It was just a rule. Now, not limiting it just to back in the '60s when you worked there, but what do you currently know if anything about the potential health hazards of PCB exposure. MR. MYERS: Object to the form. What does he know now? MR. BRESSLER: Yes, what does he know now. 1 know that some of the employees have been tested for it. 1 know from reading in the paper, if you can believe that. When you say that employees were tested Page 42 Page 44 1 went back to the Aroclor department at 1 for it, you mean tested for PCBs, see if 2 the end of the '60s, was anybody allowed 2 they had PCBs in it? 3 to eat in those departments? 3 A. They could request to be tested for it, 4 A. The lunchrooms. 4 the way 1 understood it. 1 wasn't 5 Q. Sir? 5 tested personally. 6 A. The lunchrooms. 6 Q. You mentioned some stuff you see in the 7 Q. Did you have a separate lunch area in 7 paper, if you can believe that. What 8 those departments? 8 kind of stuff have you seen in the paper 9 A. Yes. 9 about PCBs and potential dangers of 10 Q. Was that a closed room? 10 PCBs? 11 A. Yes. 11 A. Well, that's - 12 Q. There was a door that blocked it off and 12 MR. MYERS: Object to the form. 13 stuff? 13 A. 1 don't remember enough of what 1 read 14 A. Uh-huh (indicating yes). 14 to answer your question on that. 15 MR. MYERS: Yes? 15 Q. Mr. Sims, assuming that Monsanto knew 16 THE WITNESS: Yes. 16 some things about the toxicity of PCBs 17 Q. What about around the process area 17 before and during the time you worked 18 itself? Were you allowed to eat in 18 there, is that information you would 19 those areas? 19 expect they would share with you? 20 A. There might have been some, but we had a 20 MR. MYERS: Same objection as with 21 lunchroom to eat in. 21 the earlier hypothetical. 22 Q. But what I'm asking more specifically is 22 A. Well, as 1 said -- as 1 understand it, 23 did any of the supervisors or anything 23 any employee who wanted to be tested Pages 41 - 44 HARTOLDMONO018935 Page 45 Page 47 1 could be tested. 1 Q. Have you ever eaten fish out of 2 Q. But that is not exactly the question I'm 2 Choccolocco Creek? 3 asking. 1 don't mean to cut you off. 3 MR. MYERS: When he was growing 4 Were you finished with your answer? 4 up? 5 A. Yeah. 5 MR. BRESSLER: At any time. 6 Q. What I'm asking is not so much whether 6 A. Rephrase your question a little bit. 7 or not employees could be tested if they 7 Q. Sure. During the time you have been 8 wanted. But assuming hypothetically, 8 living in Anniston, did you ever eat 9 sir, that Monsanto had information about 9 fish that was caught in Choccolocco 10 the toxicity of PCBs or the potential 10 Creek? 11 adverse health effects of PCB exposure 11 A. That is what 1 was --1 lived on Logan 12 before and during the time you worked 12 Martin Lake, which Choccolocco Creek 13 there, would you expect Monsanto to 13 runs into. 14 share that information with you or with 14 Q. So it might be hard to distinguish 15 the other workers who were working in 15 between fish caught over there versus -- 16 the Aroclor department? 16 A. As far as 1 know 1 haven't eaten any 17 MR. MYERS: Same objection? 17 fish out of Choccolocco Creek, but if 18 A. Hypothetically? 18 they come in the river and go either 19 Q. Yes. 19 way -- 20 A. 1 would like -- If what they knew would 20 Q. Mr. Sims, why do you think that ADEM 21 help me, yes. 21 issued a fish advisory for those areas? 22 Q. So if what they knew might help you, you 22 MR. MYERS: Object to the form, 23 would like to know it? 23 calls for speculation. 1 A. 2 Q. 3 4 5 6 7 A. 8 Q. 9 A. 10 Q. 11 A. 12 13 Q. 14 15 A. 16 Q. 17 18 19 20 A. 21 Q. 22 23 A. Page 46 Yes. Are you aware, sir, of the existence of a fish advisory in part of Calhoun County with regards to -- well, that there is a fish advisory in parts of Calhoun County? Yes. How did you first become aware of that? A sign on the river bank. Which river bank are you talking about? Not river. Choccolocco Creek. And 1 also read it in the paper. Do you recall when it was that you first heard about that? No, 1 don't. That's fine. Have you -- During the course of time that you were growing up and living in Anniston, have you eaten locally caught fish? Yes. From what bodies of water did you eat those fish? Logan Martin. 1 A. 2 3 Q. 4 A. 5 6 7 Q. 8 9 10 A. 11 Q. 12 13 14 A. 15 Q. 16 17 A. 18 Q. 19 20 21 A. 22 23 Q. Page 48 The only thing 1 -- that 1 know about is what 1 read in the paper. And what have you read in the paper? Contaminated with PCBs, maybe not contaminated but showed signs of having PCBs in them. Sir, would you eat fish that had above the government recommended limit of PCBs in them? Not if 1 knew it. Your children are adults, but would you have let them eat fish with PCBs in excess of the governmental limits? There again, not if 1 knew it. Would the same be true of your grandchildren, sir? Yes. And why would you not want to eat fish that had PCBs in excess of governmental limits in them? How about common sense? Does that answer your question? It does answer my question, but what do Pages 45 - 48 HARTOLDMONO018936 Page 49 Page 51 1 you mean by just common sense? 1 Q. If you knew. 2 A. Well, with the warnings that has been 2 MR. MYERS: Same objection. 3 out, whether 1 agree with them or not, 1 3 A. I've got a place on Logan Martin Lake, 4 would not let them eat them if 1 knew 4 and 1 don't think that the samples they 5 they were above the limits. 5 take, 1 doubt very seriously, is the 6 Q. So the fact that ADEM issued a health 6 same all over the lake. 7 advisory, did that give you cause for 7 Q. What samples are you talking about, sir? 8 concern enough not to eat fish that had 8 A. PCB samples. 9 above a certain amount of PCBs in them? 9 Q. Well, again, I'm asking a hypothetical. 10 A. Yes. 10 If you knew that water was contaminated 11 Q. Would you eat other types of food 11 with PCBs, would you swim in it? 12 products, meats or even vegetables 1 12 MR. MYERS: Object to the form. 13 imagine that had in excess of government 13 A. If 1 knew it was above the recommended 14 regulated limits of PCBs in them? 14 levels, no, 1 wouldn't swim in it. 15 MR. MYERS: Object to the form. 15 Q. Would you have the same answer with 16 A. There again, not if 1 was aware of it. 16 regards to your children and 17 Q. And again, would you let your children 17 grandchildren if it was above certain 18 or grandchildren eat it if you were 18 levels? 19 aware of it? 19 A. Yes. 20 A. No, no. 20 Q. If it was above certain levels? 21 Q. Did you ever hear, Mr. Sims, anything 21 A. Yes. 22 about Monsanto buying up some hogs that 22 Q. Are you aware, sir, that the government 23 were grazing up near the Monsanto 23 banned the production of PCBs? Page 50 Page 52 1 property? 1 A. Yes. 2 A. No, 1 haven't heard that. 2 Q. Do you know when that was? 3 Q. Mr. Sims, did you ever go swimming in 3 A. 1 know when Monsanto shut down. 1 don't 4 the local waterways of Lake Logan Martin 4 know when they banned it. 5 or Choccolocco Creek or Snow Creek when 5 Q. You don't know what year they banned it? 6 you were a kid? 6 A. No. 7 A. Yes. 7 Q. What year did Monsanto stop producing 8 Q. In which one did you swim? 8 PCBs? 9 A. Both. 9 A. 1 think'70, '71, '69 maybe. 10 Q. Both meaning which ones? I'm sorry. 1 10 Q. Does the fact that the government -- 11 asked three. 11 federal government bans the production 12 A. Choccolocco and Logan Martin. What was 12 of a chemical say anything to you about 13 the other one? 13 the potential adverse health effects of 14 Q. Snow Creek. 14 exposure to that chemical? 15 A. No. 15 MR. MYERS: Object to the form. 16 Q. Choccolocco creek and Lake Logan Martin? 16 A. Would you repeat the question? 17 A. Yes. 17 Q. Yes, sir. The fact that the federal 18 Q. If you knew that certain waterways were 18 government bans the production of a 19 contaminated with PCBs would you swim in 19 chemical, says you can't produce it any 20 them? 20 more, does that say anything to you 21 MR. MYERS: Object to the form. 21 about the potential health effects of 22 A. That is another hypothetical question in 22 exposure to that chemical? 23 my opinion. 23 MR. MYERS: Same objection. Pages 49 - 52 HARTOLDMONO018937 Page 53 Page 55 1 A. That is sort of out of my realm. 1 1 were at Monsanto that animal tests of 2 would want to know why and what. 2 PCB exposure either by high temperature 3 Q. You would want to know why they bannec1 3 exposure or oral ingestion lead to 4 it? 4 systemic toxic effects in this animal 5 A. Yeah. I'd want to see something. 5 study? 6 Q. So would you say that the science that 6 MR. MYERS: Object to the form. 7 supports that decision, that would be 7 A. What does systemic mean? 8 something important for you to know 8 Q. I'll represent to you my understanding 9 before you could draw a conclusion of 9 of the meaning of systemic meaning to 10 the potential health effects? 10 the organ systems of the study animal. 11 A. Yes. 11 MR. MYERS: Well, let me object to 12 Q. If you were going to decide for yourself 12 the form. If you can answer 13 whether something was dangerous or not, 13 him, answer him. If you 14 you would want to have all the 14 can't, tell him that. Go 15 information; is that correct? 15 ahead. 16 A. Yes. 16 A. 1 don't remember that. 17 (Plaintiffs' Exhibit Number 17 Q. Don't remember what? 18 Two was marked for 18 A. The first paragraph. 19 identification.) 19 Q. You don't remember anyone ever telling 20 Q. Mr. Sims, 1 ask you to take a look at a 20 you that tests that were done on animals 21 document we just marked as Exhibit Two 21 with regards to Aroclor exposure led to 22 to your deposition. And just let me 22 toxic effects on those animals? 23 know when you are done reading it, sir. 23 MR. MYERS: Object to the form. Page 54 Page 56 1 Have you read that, sir? 1 A. No, sir. 2 A. No, 1 haven't. 2 Q. Now, you were working with Aroclors. 3 Q. Have you finished reading it now? 3 Would you have liked to have known if 4 A. Yes. 4 animal testing had shown toxic effects 5 Q. Have you ever seen that document before? 5 of those chemicals? 6 A. No, sir. 6 A. We're talking animals to humans. 1 7 Q. Actually do you see the date on the top 7 would like to have known if it affected 8 of the document? 8 a human. 9 A. March -- the top of the document -- 9 Q. Well, would you also have liked to have 10 Q. Not the fax line. 1 mean the October 10 known if it affected an animal in a 11 1937. 11 certain way? 12 A. Uh-huh (indicating yes). 12 MR. MYERS: Object to the form. 13 Q. I'd like to direct your attention to the 13 It is vague and ambiguous. 14 first paragraph of this document. That 14 Q. You can answer the question, sir, if you 15 language says, "Experimental work in 15 can. 16 animals shows that prolonged exposure to 16 A. 1 don't know where you are coming from, 17 Aroclor vapors evolved at high 17 testing animals -- 18 temperatures or by repeated oral 18 Q. Here's what -- 19 ingestion will lead to systemic toxic 19 A. They are testing animals. 20 effects." 20 Q. Yes, sir. 21 My question to you, sir, is did 21 A. And my answer to you was if it affected 22 anyone ever tell you when you went to 22 humans, then 1 would be interested in 23 work for Monsanto or during the time you 23 knowing it. Pages 53 - 56 HARTOLDMONO018938 1 Q. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A. 17 18 19 20 21 22 23 Page 57 I'm just trying to be clear on where you are coming from, sir. Is it your testimony that it wouldn't matter to you if animal testing showed Aroclor exposure showed toxic effects? MR. MYERS: Object to the form to the extent you are mischaracterizing what he just said. MR. BRESSLER: I'm asking if that is what he meant. If that is not what he meant, he can tell me. MR. MYERS: Tell him what you meant. I'm not an animal activist. You can go off a while, and 1 will too. They treat animals -- test animals for everything in the world. I've answered your question to the best of my ability. (Plaintiffs' Exhibit Number Three was marked for identification.) 1 2 3 A. 4 Q. 5 6 7 8 9 10 11 A. 12 Q. 13 14 15 16 17 18 19 20 21 22 23 A. Page 59 September 1947. Do you see where that is on the top of the page? September 1947, yes. I'd like to direct your attention, sir, to the second full paragraph on what is -- this is page three. 1 want to direct your attention to the second full paragraph there, the one that starts "There is need therefore to give warning." Do you see that? Yes. And the author of this the article goes on to say, "For the toxicity of these compounds has been repeatedly demonstrated, both from the standpoints of their absorption from the inspired air, as well as from their effects in producing a serious and disfiguring dermatitis when allowed to remain in contact with the skin." The title of this document is on the toxicity of Aroclors. Do you see that on top? Yes. Page 58 Page 60 1 Q. 1 apologize for the copy quality. Some 1 Q. In the second full paragraph the author 2 of these documents are old and we didn't 2 of this article relates that the 3 get them in the best quality. And when 3 toxicity of these compounds, the 4 you copy that, you don't get the best 4 Aroclors, have been repeatedly 5 quality. I'll ask you first of all, why 5 demonstrated. Do you see that? 6 don't you take a look at it. I'm 6 A. Yes. 7 actually just going to have a question 7 Q. Did anyone from Monsanto ever tell you 8 on one part of it. If you want to read 8 that the toxicity of Aroclors had been 9 the whole thing, you can read the whole 9 repeatedly demonstrated? 10 thing. 10 MR. MYERS: Before he answers, let 11 MR. MYERS: Is there a pending 11 me object to the form of the 12 question? 12 question. 1 think 1 need to 13 MR. BRESSLER: 1 want him to look 13 state a reason for this one. 14 as it and tell me whether he 14 This is a purported summary 15 has seen it. 15 of an article which appears 16 A. To answer your question, no, 1 haven't 16 in yet another document. 17 seen it. 17 Your question is stated not 18 Q. Look on the first page, sir, and see 18 in the context in which this 19 what the date is there on this document. 19 document was obviously 20 A. '51. 20 written. So 1 object to the 21 Q. And if you could look on the next page, 21 form of the question. 22 sir, it has a reference to the chemist 22 Q. Okay. Do you need me to repeat the 23 analyst, a certain volume, says 23 question, sir? Pages 57 - 60 HARTOLDMONO018939 1 A. 2 Q. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 61 Yes. Okay. In that first full paragraph, at the end of the line, it says, "For the toxicity of these compounds" -- and this is a document referring to Aroclors -"For the toxicity of these compounds has been repeatedly demonstrated." What I'm asking you is, leaving aside this document, whether or not Monsanto, anyone from Monsanto ever told you that the toxicity of Aroclors had been repeatedly demonstrated. MR. MYERS: Let me object to the form. He can't leave the document aside since it is in front of him and you are questioning him about it. Truly, Howard, if you want to question him without the document, that's fine. But you can't question him about it and then say forget about it. So 1 object to the form. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 62 1 Q. Did anyone from Monsanto ever tell you 1 2 that the toxicity of Aroclors had been 2 3 repeatedly demonstrated? 3 4 MR. MYERS: Same objection. And 4 5 it omits the level and 5 6 duration of exposure. 6 7 MR. BRESSLER: I'm going to object 7 8 to that. And 1 object to the 8 9 leading and speaking 9 10 objections that Mr. Newsom 10 11 did in the last deposition 11 12 and the one you just did. 1 12 13 would appreciate it if you 13 14 would stop making speaking 14 15 objections. You have been 15 16 very good, Larry, so far, and 16 17 1 appreciate that. But 1 17 18 don't want you making leading 18 19 and speaking objections. 19 20 MR. MYERS: For the record, you 20 21 are going to question this 21 22 man about a document written 22 23 in 1951, which he has never 23 Page 63 seen, and he has so testified. That is not a speaking objection. You are now questioning him about approximately two and a half sentences of a five-page document written in 1951. that is not a two-page objection. It is what it is. 1 object to the question, as to the form of the question, because it is patently unfair and inappropriate to question this man and really to take snippets out of this lengthy document out of context. And that is not a speaking objection. 1 have not suggested any sort of answer in that. MR. BRESSLER: Excuse me. But when you object on the ground that I'm not specifying the Page 64 levels of exposure or anything else, frankly that is a speaking and a leading objection. And you are free to clarify anything else from this document. You can ask any questions you want about it here or at trial if you think that 1 am asking questions that don't represent the entirety of the document. MR. MYERS: When the first page says it relates only to really bad exposure, 1 have a serious question about your delving deeper into the document. MR. BRESSLER: And you are at liberty to ask whatever you want about that document or bring that out at trial if necessary. Pages 61 - 64 HARTOLDMONO018940 Page 65 Page 67 1 MR. MYERS: 1 think my objection 1 A. Yes, sir. 2 is on the record and your 2 Q. Did you get one every year? 3 concern and your objection is 3 A. Yes. 4 on the record. Do you want 4 Q. Is that true throughout the whole time 5 her to read back the 5 you worked at Monsanto? 6 question, or do you want to 6 A. Yes. 7 ask it again? 7 Q. What did those physicals entail? What 8 MR. BRESSLER: Let me ask it 8 went on in those examinations? 9 again. 9 A. Well, basic physical plus a blood test 10 Q. My question to you, Mr. Sims, is whether 10 and give you a shot ever so often for 11 or not anyone from Monsanto ever told 11 working around waste treatment in the 12 you that toxicity of Aroclors, PCBs, had 12 parathion department. 13 been repeatedly demonstrated. 13 Q. They give you a shot? Is that what you 14 MR. MYERS: Same objection as 14 said? 15 earlier stated. 15 A. Yeah. Same shot you get if you're dog 16 A. Demonstrated for what, dermatitis? 16 bit or something. 17 Q. Well, let me ask the question in a 17 Q. Do you know what those shots were for? 18 broader sense. I'll incorporate more of 18 A. If you worked around the parathion 19 what is written here. Has anyone from 19 department, around the waste basins, you 20 Monsanto ever told you that the toxicity 20 were given a shot for --1 can't think 21 of PCBs have been demonstrated from the 21 of the name of it now. 22 standpoints of their absorption from the 22 Q. Was it for tetanus? 23 inspired air as well as from their 23 A. Yeah. Page 66 Page 68 1 effects in producing a serious and 1 Q. So they give you a booster every now anc 2 disfiguring dermatitis when allowed to 2 then? 3 remain in contact with the skin? Did 3 A. Yes. 4 anyone from Monsanto tell you that? 4 Q. Did you ever have x-rays or anything 5 MR. MYERS: Same objection. 5 like that in connection with these 6 A. 1 have heard about the dermatitis. 1 6 physicals? 7 have never seen any. 1 don't know 7 A. No. 8 whether supervision told me that or the 8 Q. No? 9 company doctor. But 1 had heard that. 9 A. Not that 1 remember. 10 1 don't know that. 10 Q. When you were working in the Aroclor 11 Q. Do you recall what you heard about the 11 department both in 1960 and subsequently 12 dermatitis? 12 later on, were there showers available 13 A. That exposure to it could cause 13 for the workers there? 14 dermatitis. 14 A. At the bathhouse, and we had safety 15 Q. Did anyone from Monsanto ever tell you, 15 showers throughout the department. If 16 sir, that the toxicity of Aroclors had 16 you had something on you, get under 17 been repeatedly demonstrated from the 17 there and wash it off. 18 standpoint of their absorption from the 18 Q. Was there any company policy about 19 inspired air? 19 employees using those showers on a 20 A. No. 20 regular basis as opposed to just if they 21 MR. MYERS: Same objection. 21 happened to spill something on 22 Q. Mr. Sims, were you ever given annual 22 themselves? 23 physicals when you were at Monsanto? 23 A. Are you talking about on a regular basis Pages 65 - 68 HARTOLDMONO018941 Page 69 Page 71 1 just for the heck of it? 1 spent in the shower? 2 Q. 1 guess for hygiene purposes or on a 2 A. No. We went in at seven and got off at 3 regular basis did the company say X 3 three. 4 amount of days or at the end of every 4 Q. And you would shower after you got off 5 day everyone has to take a shower? 5 shift? 6 A. In the bathhouse, but not under the 6 A. Yeah. 7 safety showers. The safety showers were 7 (Plaintiffs' Exhibit Number 8 strictly for spills, splashes, something 8 Four was marked for 9 gets on you. You step under one of 9 identification.) 10 them, wash off. 10 Q. Mr. Sims, 1 ask you to take a look at 11 Q. Were there actually safety showers in 11 what has now been marked as Exhibit Four 12 the production departments? Is that 12 to your deposition. 13 what you are saying? 13 A. I've never seen it before. This is 14 A. Yes. 14 before my time, but 1 didn't see it when 15 Q. So if someone spills something, they 15 1 went through either. 16 could run over and take a shower real 16 Q. If you look on the first page it is 17 fast? 17 dated September 20th, 1955, correct? 18 A. Yes. 18 A. Yes. 19 Q. What exactly was this bathhouse you are 19 Q. On the second page it says R. Emmet 20 talking about? Was that a separate 20 Kelly, M.D. Does that refresh your 21 building? 21 recollection at all as to who Mr. Kelly 22 A. Yes. 22 was? 23 Q. What was that there for? 23 A. No. As 1 say, that was before my time. Page 70 Page 72 1 A. Shower before you left work. 1 Fie might have been still there when 1 2 Q. Was it company policy that people shower 2 went there, but 1 don't know. 3 before they leave work, or was that 3 Q. Okay. If you could look at the last 4 optional? 4 paragraph on the first page of the 5 A. It was policy. Let me rephrase it. It 5 document Mr. Kelly writes, "We know 6 is a policy in the parathion department 6 Aroclors are toxic, but the actual limit 7 because of the products. But Aroclor, 1 7 has not been precisely defined." 8 always did. But now, 1 don't remember 8 My question to you, sir, is did 9 them telling me 1 had to. 9 anyone from Monsanto when you started 10 Q. And when you would shower, you said you 10 working there and were working in the 11 always did before you went home? 11 Aroclor department ever tell you that 12 A. Yes. 12 Monsanto knew that Aroclors were toxic, 13 Q. 1 bet your wife appreciated that? 13 just that they didn't establish the 14 A. See, we had lockers and everything for 14 limit? 15 everybody that worked there. You change 15 MR. MYERS: Let me object to the 16 clothes. You had two lockers. You put 16 form to the extent --1 think 17 your work clothes in one and your street 17 your question assumes these 18 clothes in the other. 18 are Kelly's words. I'm 19 Q. When you were showering, was that during 19 trying not to make a speaking 20 your work day, or was that on your own 20 objection, but 1 think the 21 time after work was over? 21 preceding sentence suggests 22 A. It was after work. 22 that maybe those are somebody 23 Q. Were you paid for that time that you 23 else's words. Pages 69 - 72 HARTOLDMONO018942 Page 73 Page 75 1 Q. Do you see in the top left comer, sir, 1 seems to me, because our main worry is 2 it says Monsanto Chemical Company? 2 what will happen if an individual 3 A. 1 do, yes. 3 develops any type of liver disease and 4 Q. And in the bottom paragraph, the first 4 gives a history of Aroclor exposure." 5 word says MCC. In your mind would that 5 My question to you is did anyone 6 be Monsanto Chemical Company, sir? 6 from Monsanto ever tell you that 7 A. Possibly and probably. 7 exposure to Aroclor can cause liver 8 Q. Okay. With the idea being that is 8 disease? 9 probably Monsanto Chemical Company, the 9 MR. MYERS: Object to the form. 10 first line of that last paragraph says, 10 A. No, sir. 11 "MCC's position can be summarized in 11 Q. If Monsanto knew, sir, or suspected that 12 this fashion," meaning Monsanto's 12 Aroclor exposure could cause liver 13 position can be summarized in this 13 disease, is that something you would 14 fashion. "We know Aroclors are toxic, 14 have wanted to have known? 15 but the actual limit has not been 15 MR. MYERS: Object to the form, 16 precisely defined." 16 same objection. 17 What I'm asking you, sir, is did 17 A. If it could help my well-being, yes. 18 anyone from Monsanto ever indicate to 18 Q. How would knowing that Aroclors can 19 you that Monsanto knew that Aroclors 19 cause liver damage help your well-being? 20 were toxic but just that the actual 20 A. Take precautions. 21 limit had not been precisely defined? 21 (Plaintiffs' Exhibit Number 22 MR. MYERS: Object to the form. 22 Five was marked for 23 A. Yes. 23 identification.) 1 Q. 2 A. 3 Q. 4 A. 5 Q. 6 A. 7 Q. 8 A. 9 10 Q. 11 12 A. 13 14 Q. 15 16 17 A. 18 19 20 Q. 21 22 23 Page 74 Yes, that was told to you? 1 Q. Yes. 2 Who told that to you? 3 Supervision. 4 A. Who in particular? Do you remember? 5 Q. Probably Mark Williams. 6 Sir? 7 A. Probably Mark Williams, who was my 8 Q. immediate supervisor. 9 And what if anything -- What did he tell 10 A. you about the toxicity of Aroclors? 11 Q. To always wear your safety equipment 12 because of that. 13 Did he ever express to you how that 14 toxicity might be manifested, what 15 A. effects it might have? 16 Q. No. It is my understanding that they 17 hadn't decided what it was, just a 18 A. safety precaution. 19 Q. If you look at the next full sentence 20 after the part that says the limit has 21 A. not been precisely defined, it says, "It 22 Q. does not make too much difference, it 23 Page 76 My first question is going to be, sir, do you recognize this document? You can take a look at it if you need to. No, 1 haven't seen it. The date on the front of this document is September 3rd, 1965; is that correct? That's correct. You were already working for Monsanto at that time, correct? Yes. Now, if you'd look at the document, it says Reliance Electric and Engineering Company, Cleveland. Did you ever hear of that company before, sir? No, sir. Do you see on the next page it says the name Elmer Wheeler? 1 see it. And do you recall again who Elmer Wheeler was? No, sir. If you look on the first page, sir, if you look at the first paragraph, Pages 73 - 76 HARTOLDMONO018943 1 2 3 4 5 A. 6 Q. 7 8 9 10 11 12 13 14 15 16 17 18 19 A. 20 Q. 21 22 23 Page 77 Mr. Wheeler says -- and it appears this 1 was something he sent to Mr. Richard 2 Davis. Do you know who Richard Davis 3 was? 4 1 don't. 5 In this letter that he sends to 6 Mr. Davis Mr. Wheeler states in that 7 first paragraph, "As 1 told you on the 8 telephone, Mr. Haredos called me earlier 9 quite disturbed as a result of my letter 10 of August 27." Apparently Mr. Wheeler 11 had gotten a letter from Mr. Haredos. 12 The next sentence relates "This letter 13 apparently alerted him somewhat to the 14 potential toxic hazards of the use of 15 A. Aroclor 1242 at elevated temperatures." 16 Q. Do your see that, sir? That is 17 the next sentence. 18 A. Yes. 19 Q. What I'd like you to do, sir, is skip 20 down to the second paragraph. 21 MR. MYERS: You said Mr. Wheeler 22 got a letter from 23 Page 79 completely unsafe." My question to you, sir, is did anyone from Monsanto ever tell you, sir, that exposure to hot Aroclors could kill somebody with liver or kidney damage? MR. MYERS: Let me object to the form of the question in that, number one, it omits a large part of the letter, and it also misstates the contents of the letter, at least as you read it to him. Go ahead and answer him if you can. 1 don't remember. You don't remember anybody ever telling you that? No. If exposure to Aroclor, hot Aroclor could cause liver or kidney damage, sir, is that something you would have wanted to have known? MR. MYERS: Object to the form. 1 2 3 4 5 6 7 8 Q. 9 10 11 12 13 A. 14 Q. 15 16 17 18 19 20 21 22 23 Page 78 Mr. Haredos. 1 think it is 1 A. the other way around. 2 MR. BRESSLER: I'm sorry. You are 3 Q. right. 1 said Mr. Wheeler 4 received a letter from 5 A. Mr. Haredos. I'm sorry about 6 that. 7 Q. Would you skip down, sir, to the second 8 full paragraph on the first page, and go 9 A. eight lines up from the bottom of that 10 Q. paragraph, the sentence that begins "Mr. 11 Haredos." 12 Okay. 13 A. "Mr. Haredos went on to say that in his 14 Q. own plant Aroclor spills on the floor 15 were common, that his own employees had 16 complained of discomfort. 1 was 17 brutally frank and told him that this 18 A. had to stop before he killed somebody 19 Q. with liver or kidney damage, not because 20 of a single exposure necessarily but 21 only to emphasize that eight-hour daily 22 exposures of this type would be 23 Page 80 Again, if it would have helped my case, yes. And again, when you say if it would help your case, what do you mean by that? If it would have helped prevent it in me, yes, 1 would want to know. Would knowing such information have allowed you to take precautions? Pardon? Would knowing such information have allowed you to take precautions? MR. MYERS: Object to the form. Sure. Mr. Sims, have you ever heard from any source that PCB exposure might be linked to certain types of cancer? MR. MYERS: Object to the form. No, 1 haven't. Never heard that? If during the time you were working for Monsanto studies had been done that showed that PCB exposure was associated with increases in certain types of cancers, is that Pages 77 - 80 HARTOLDMON0018944 1 2 3 4 A. 5 6 Q. 7 8 A. 9 10 11 12 Q. 13 14 15 A. 16 Q. 17 18 A. 19 Q. 20 21 22 23 A. Page 81 something you would have liked to have known? MR. MYERS: Object to the form. This, again, if it would help my situation, yes. It would have been important for you to know that? 1 would like to have known that. (Plaintiffs' Exhibit Number Six was marked for identification.) 1 ask you, sir, if you have ever seen the document that has now been marked as Exhibit Six to your deposition. Not that 1 remember. Have you read the documents in total, sir? Yes. Were you ever informed by anybody at Monsanto that an epidemiological studies -- I'm sorry. Do you know what an epidemiological study is, sir? No. 1 2 A. 3 Q. 4 5 6 A. 7 Q. 8 9 A. 10 Q. 11 12 13 14 15 16 17 18 A. 19 Q. 20 21 A. 22 23 Page 83 about there? Yes. And then the second like down there says identified deaths, all cases, twenty-three? Yes. And of those identified deaths, deaths attributed lung cancer, four? Yes. And the next paragraph down, sir, says, "When compared to the 1968 U.S. male population, this group of twenty-three deaths would be expected to contain one point two four cases attributable to lung cancer." Do you understand what that means, sir? Yes. And this study found four instead of one point two four. Do you understand that? Yes. MR. MYERS: Object to the form to the extent your question Page 82 Page 84 1 Q. Were you ever informed by anybody at 1 assumes this was a, quote, 2 Monsanto that a study was done on the 2 unquote, study. 3 PCB workers at the Krummrich plant as to 3 Q. Your answer was yes, sir? 4 the -- I'll withdraw that question. It 4 A. Yes. 1 see it. 5 is a bad question. 5 Q. So then this observation or study by 6 You see in the first paragraph of 6 Monsanto, sir, indicates lung cancer 7 this document, sir, discusses a group of 7 deaths at three times the rate of what 8 three hundred and eleven present and 8 would have been expected, roughly three 9 former Krummrich plant employees have 9 times the rate; is that correct? 10 been compiled? 10 MR. MYERS: Same objection. And 11 A. Yes. 11 now 1 think you have strayed 12 Q. And then a couple of lines down from 12 into expert witness 13 that, "Information on the cause of death 13 testimony. 14 has been obtained on fifty former 14 Q. I'm just asking that the document says. 15 employees from this group." 15 It says one point two four would be 16 A. Yes. 16 expected and that their study or 17 Q. "Evaluation of death certificates 17 observation reflected four. 18 attribute six of those deaths to lung 18 MR. MYERS: Same objection. 19 cancer." Do you see that? 19 Q. Shows three times the amount of lung 20 A. Yes. 20 cancer than what was expected; is that 21 Q. There in the middle of the page are 21 correct? 22 indented entries here, total number of 22 MR. MYERS: Object to the form. 23 employees. Do you see what I'm talking 23 A. 1 see it, yes. Pages 81 - 84 HARTOLDMONO018945 Page 85 Page 87 1 Q. Let me ask you, sir. Were you ever 1 it. 2 informed of a study on the Krummrich 2 MR. BRESSLER: 1 think what 1 3 workers that showed they had more than 3 asked him was a yes or no 4 three times the rate of lung cancer than 4 question, would it be 5 what would have been expected in the 5 important to him. 6 population? 6 MR. MYERS: You can still explain 7 MR. MYERS: Object to the form, 7 your answer if you need to. 8 especially as it relates to 8 I'm not suggesting you do or 9 the word "study." 9 you don't. But if you need 10 Q. Were you ever told that, sir? 10 to, please do so. If not, 11 A. Are you asking about the Anniston 11 let's go on. 12 Monsanto plant or the Krummrich plant? 12 A. No two apples are alike, you know. This 13 Q. I'm asking you if you were ever told 13 could be a completely different 14 about the results of the study that are 14 situation at the Anniston plant. 15 reflected in this document. 15 Q. You don't know whether it was or wasn't, 16 MR. MYERS: Object to the form. 16 do you? 17 A. 1 have never seen any figures on the 17 A. No. But you haven't shown me any 18 Anniston plant. I'm not aware of this. 18 figures on the Anniston plant either. 19 Q. You were never told this, the results of 19 Q. Do you know if Monsanto ever studied the 20 this study? 20 Anniston workers to determine whether or 21 A. Not that 1 remember. 21 not in fact there was an increase in 22 MR. MYERS: Same objection. 22 incidences of lung cancer in the 23 Q. If a study of the Krummrich PCB 23 Anniston plant as there was in the Page 86 Page 88 1 employees showed that they experienced 1 Krummrich plant? 2 three times the lung cancer than what 2 A. 1 don't know. 3 was expected, is that something you 3 MR. MYERS: Object to the form. 4 would have liked to have known? 4 A. 1 don't know that. 5 MR. MYERS: Object to the form. 5 Q. You don't know whether they did or not? 6 A. There again, if you are talking oranges 6 A. No. 7 and apples, you are talking Krummrich 7 Q. Certainly no one has ever shown you a 8 versus Anniston. 1 don't see the 8 study of the Anniston workers evaluating 9 figures on Anniston. 9 whether or not their lung cancer rates 10 Q. What I'm asking is if the people at 10 were higher than what would be expected? 11 Krummrich who worked with PCBs were 11 A. 1 would want to know that, yes, before 1 12 shown in this study to have more than 12 would be worried about this report. 13 three times the lung cancer than would 13 Q. The PCB manufacturing process, sir, at 14 be expected, is that something you would 14 the Anniston plant, is that a set 15 have liked to have known? 15 process that would change when you were 16 MR. MYERS: Object to the form. 16 going to work every day, or was it 17 A. Not necessarily. 17 pretty much the same kind of thing? 18 Q. Had no importance to you? 18 MR. MYERS: Let's me just object. 19 A. No. Do you want me to elaborate on that 19 When he worked in that area 20 a little bit? 20 or any time he was in the 21 Q. No. 21 plant? 22 MR. MYERS: If you need to explain 22 MR. BRESSLER: I'm asking when he 23 your answer, you can explain 23 worked in that area. Thank Pages 85 - 88 HARTOLDMONO018946 Page 89 Page 91 1 you. 1 the process at Krummrich were the same 2 A. Basically the same. We might change -- 2 or substantially similar to what 3 We might go from 1221 to 1242 for a day 3 happened in Anniston and what went on in 4 or something like that, but the 4 Anniston, if you knew that to be the 5 procedure is the same. 5 case, would it have been important to 6 Q. Well, assuming hypothetically, sir, the 6 you to know the results of this study 7 procedure was the same in the Krummrich 7 showing the increase in incidences of 8 plant, would the fact that people who 8 lung cancer? 9 were working in that department over in 9 MR. MYERS: Same objection. 10 Krummrich had over three times the 10 A. If it was exactly the same, 1 would like 11 incidences of lung cancer than what 11 to have known. 12 would be expected, would that then be 12 Q. Would you have liked to have known if it 13 important for you to know? 13 wasn't exactly the same but 14 MR. MYERS: Object to the form of 14 substantially similar? 15 the hypothetical question on 15 MR. MYERS: Same objection. 16 same lengthy basis 1 stated 16 A. Same answer. 17 earlier in the deposition. 17 Q. I'm sorry. What was the same answer? 18 But if you can answer, go 18 A. If it was exactly the same -- You could 19 ahead. 19 read anything in that. If it was 20 A. There again, 1 have never been to the 20 exactly the same and their lung cancer 21 Krummrich plant. 1 have been to the 21 rate was four, I'd like to know it. But 22 Anniston plant. And 1 know at the time 22 like 1 say, I've never been to 23 our chlorinators were outside. Maybe 23 Krummrich. 1 don't know a thing in the Page 90 Page 92 1 theirs was inside. Our stills were in 1 world about Krummrich. 1 understand 2 an open, second floor building. 1 don't 2 what you are saying about similar, but 3 know how Krummrich was set up. 1 don't 3 it is different circumstances. 4 know. 4 (Plaintiffs' Exhibit Number 5 Q. What I'm asking you, sir, is to assume 5 Seven was marked for 6 for the purposes of my hypothetical that 6 identification.) 7 the processes are, if not the same, 7 Q. Sir, I'd ask you if you recognize this 8 largely similar. With that hypothetical 8 document. You can feel free to take a 9 in mind, would it then be important for 9 look at it if you want to. 10 you to know that a study of the 10 A. 1 don't remember seeing but recognize 11 Krummrich workers showed more than three 11 the signature. 12 times the incidences of lung cancer than 12 Q. You do recognize it? 13 what would have been expected? 13 A. Papageorge, yes. 14 MR. MYERS: Same objection as 14 MR. MYERS: He said he recognized 15 earlier stated as to both the 15 the signature, not the 16 hypothetical and the, quote, 16 letter. 17 study, unquote. 17 Q. If you look at the next page, it is 18 A. 1 can't answer your hypothetical 18 March 18, 1975, to Mr. Dan Albert at 19 question because I'm not at all familiar 19 Westinghouse Electric Corporation. Do 20 with what happened at Krummrich. 20 you see that? 21 Q. Maybe I'm not being clear, sir. Perhaps 21 A. Yes. 22 it is my fault. What I'm asking you is 22 Q. If you look in the first paragraph of 23 assuming what went on at Krummrich -- 23 the letter after the "Dear Mr. Albert," Pages 89 - 92 HARTOLDMONO018947 Page 93 Page 95 1 it says, 'Attached are responses to the 1 Q. Let me ask you, sir, to skip down to the 2 questions listed in your letter dated 2 paragraph, one, two, three, four, "The 3 February 3, 1975." 3 potential toxic effects." Do you see 4 A. Yes. 4 that? 5 Q. I'd like you to take a look at the next 5 A. Uh-huh (indicating yes). 6 page, sir, where it says item one, 6 Q. That was yes? 7 "Question: Does Inerteen have permanent 7 A. Yes. 8 effects on the human body? If so, what 8 Q. "The potential toxic effects in humans 9 type of permanent damage and how long a 9 from excessive exposure to 10 period of time does it take for this to 10 polychlorinated biphenyls include injury 11 develop? If not, explain why, if 11 to the liver and chloracne." 12 possible." 12 Do you see that, sir? 13 And the response immediately 13 A. Yes. 14 following is, "The polychlorinated 14 Q. Did anyone from Monsanto ever tell you 15 biphenyls in Inerteen can have permanent 15 that excessive exposure to 16 effects on the human body." 16 polychlorinated biphenyls include injury 17 My question to you, sir, is were 17 to -- can cause injury to the liver? 18 you ever told by anybody at Monsanto 18 MR. MYERS: Object to the form. 19 that PCBs can have permanent effects on 19 A. Not that 1 remember. 20 the human body? 20 Q. If in fact exposure to PCBs can cause 21 MR. MYERS: Object to the form. 21 injury to the liver, is that something 22 A. My question to you is what is Inerteen? 22 you would have liked to have known? 23 Q. 1 can't answer exactly what Inerteen 23 MR. MYERS: Same objection? Page 94 Page 96 1 was. But if the response to the 1 A. Same answer as before. If it would help 2 question about Inerteen having permanent 2 my situation, yes. 3 effects is that the polychlorinated 3 Q. Something you would have liked to have 4 biphenyls in Inerteen can have permanent 4 known? 5 effects on the human body, my question 5 A. Yes. 6 is did anyone ever tell you that 6 MR. BRESSLER: Let's go off the 7 polychlorinated biphenyls have can 7 record for a minute. 8 permanent effects on the human body? 8 (A break was taken.) 9 MR. MYERS: Let me object to the 9 Q. Mr. Sims, are you aware of any human 10 form of the question because 10 studies of PCB exposure that show an 11 you mischaracterized what the 11 association between PCBs and different 12 letter says. 12 types of cancer? 13 Q. Okay. You can answer. 13 MR. MYERS: Object to the form. 14 A. I've never heard --1 don't know what 14 A. No, other than what 1 read right here. 15 Inerteen is. Maybe -- Do 15 Q. If there are in fact studies that have 16 polychlorinated biphenyls interact with 16 been done on humans that show an 17 Inerteen and cause it to cause that? 1 17 association between PCBs and different 18 haven't seen that letter, and 1 don't 18 types of cancer, is that something you 19 know. 1 don't understand what you are 19 would want to know? 20 making the polychlorinated --1 don't 20 MR. MYERS: Object to the form. 21 understand what you are making the 21 A. 1 would want to know how much they were 22 polychlorinated biphenyls and the 22 exposed. I'll soon be sixty-eight years 23 Inerteen. 23 old. As far as 1 know I'm in good Pages 93 - 96 HARTOLDMONO018948 1 2 Q. 3 A. 4 5 6 7 Q. 8 9 A. 10 Q. 11 12 A. 13 Q. 14 A. 15 Q. 16 17 18 19 A. 20 21 22 23 Q. Page 97 health. 1 I'm sorry. 1 didn't hear you. 2 1 said I'll soon be sixty-eight years 3 A. old. I'd like to know how long exposure 4 Q. and this kind of thing. I'd want to 5 know that. 6 So you would want to know the details 7 about what went into that study? 8 Yes. 9 A. Sir, do you know what your blood PCB 10 Q. level is? 11 Should 1 know? 12 A. Do you know? 13 No, 1 don't. 14 Q. If your blood PCB level is above what 15 the background level is for people 16 generally in this country, would that 17 cause you any concern? 18 Generally in this country? Maybe you 19 are talking about two or three. Mine 20 A. might be ten. No. That wouldn't bother 21 Q. me. 22 Wouldn't bother you at all? 23 Page 99 ever hear from anyone that smoking can cause cancer? Yes. Do you think that that means -- if in fact science is correct that cigarette smoking causes cancer, does that mean in your mind that everybody that smokes is going to get cancer? No. Some people that smoke might never get cancer? No. That's true. 1 wouldn't think that everybody that smokes gets cancer. Now, if in fact scientific studies have shown, human, animal, whatever, if those studies show that PCBs are associated with cancer it doesn't mean that every single person will get cancer, right? MR. MYERS: Object to the form. 1 wouldn't think so. And even though you worked with it and you haven't gotten cancer, that doesn't mean that somebody else who worked with Page 98 Page 100 1 A. Uh-uh (indicating no). 1 it wasn't going to get cancer, right? 2 Q. If there are studies, Mr. Sims, assuming 2 MR. MYERS: Object to the form. 3 hypothetically there are human studies 3 A. Possibly. 4 that show that increased levels of PCBs 4 Q. Now, I'm assuming based on what you said 5 are associated with different human 5 before that you have never been 6 health maladies, would the fact that 6 diagnosed with cancer. 7 your PCB blood level is higher than 7 A. No. 8 would normally be expected, would that 8 Q. Has any of your immediate family been 9 give you any cause for concern? 9 diagnosed with cancer? 10 MR. MYERS: Same objection as to 10 A. My mother had colon cancer. 11 the earlier hypothetical 11 Q. Do you recall how long ago that was? 12 without restating it. 12 A. Four years. 13 A. If mine was out of bounds, yes. 13 Q. Forty years? 14 MR. MYERS: Were you finished? 14 A. Four years. 15 A. But there again, 1 worked in it. My dad 15 Q. Is your mother still living, sir? 16 worked out there thirty-five years. He 16 A. Yes. 17 is now eighty-nine years old, no 17 Q. Mr. Sims, when you were working in the 18 problems, other than age problems. But 18 Aroclor department back in '60 and then 19 neither one of us have ever had a 19 subsequently back in '69 and '70, were 20 problem with any of the things they 20 you involved at all with the disposal of 21 mention in these. So I'm not 21 waste from that process? 22 essentially worried about it. 22 A. No, sir, other than cleaning it up. We 23 Q. Let me ask you this question: Did you 23 had to clean it up in shipping. Pages 97-100 HARTOLDMONO018949 Page 101 Page 103 1 Q. Clean what up? 1 for your deposition today? 2 A. Any spills, spatters, anything. 2 A. No, sir. 3 Q. How would you clean up that stuff? 3 Q. What about before your deposition in the 4 A. Mostly sand. 4 Owens case? Were you shown any 5 Q. Sand? 5 documents or review any documents in 6 A. Uh-huh (indicating yes). 6 preparation for that? 7 Q. What, did you spread some sand and get 7 A. No, sir. 8 it absorbed and then shovel up the sand? 8 Q. Did you meet with anybody to discuss 9 A. Yes. 9 your testimony today? 10 Q. What would you do with the sand once you 10 A. About five minutes out in the anteroom. 11 shoveled it up? 11 Q. Right before we started? 12 A. Shipping would dispose of it. 12 A. With these two gentlemen, yes, sir. 13 Q. Pardon? 13 Q. What about with regard to the other 14 A. Shipping, shipping department disposed 14 deposition in the Owens case? Were you 15 of it. 15 prepared or did you prepare with anybody 16 Q. There was a department within the plant 16 with regard to that one? 17 that was responsible for disposal? 17 A. No, sir. 1 just met them up here and 18 A. The shipping department, they did the 18 had a deposition. 19 shipping and that kind of such. 19 Q. Do you get a pension from Monsanto, sir? 20 Material handling they call it. 20 A. Yes. 21 Q. Did you ever observe waste materials 21 Q. How long have you been getting that 22 being deposited in the landfills around 22 pension? 23 Monsanto property? 23 A. Sixteen years. 1 2 3 4 5 A. 6 Q. 7 8 9 A. 10 Q. 11 12 A. 13 Q. 14 A. 15 Q. 16 17 18 19 A. 20 Q. 21 22 A. 23 Q. Page 102 MR. MYERS: Object to the form. At what point in time? MR. BRESSLER: At any point in time. I've never been to the landfill. Do you know if there was ever an incinerator located on the Monsanto property? Yes. Do you know what that incinerator was for? It was for the parathion department. Was it for the parathion waste? Yes. 1 have seen some references in some depositions and stuff to a tepee-like incinerator. Is that what you are talking about, people called it a tepee. This was a furnace with a stack. Is that the only incinerator you are aware of on the Monsanto property? It's the only one I'm familiar with. Mr. Sims, did you review any documents 1 Q. 2 3 4 A. 5 Q. 6 A. 7 8 9 Q. 10 11 A. 12 Q. 13 14 15 A. 16 17 Q. 18 A. 19 Q. 20 21 22 23 A. Page 104 And do you still get benefits through your association with Monsanto, medical benefits? Yes. Is that for the same period of time? Solutia now. 1 retired under Monsanto, but Solutia as you know took it over later. Who pays your pension, Monsanto or Solutia? Solutia. Do you have any family or friends who are still working for either Monsanto or Solutia, sir? No family. 1 still know some people that work at Monsanto. Are you socially friendly with them? No. I'll ask you this question. As 1 said in the last deposition, 1 mean you know offense, but have you ever been convicted of a crime, sir? No. Pages 101 -104 HARTOLDMONO018950 Page 105 1 Q. Have you ever been arrested? 2 A. Running a stop light, never been 3 arrested. 4 MR. BRESSLER: Mr. Sims, as far as 5 I'm concerned you are a free 6 man. 7 8 9 (The depositionconcluded at 10 4:05 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 106 1 1 do hereby certify that the witness 2 whose attached deposition was taken before me 3 was by me first duly cautioned and sworn to 4 tell nothing but the truth in the cause 5 aforesaid; that the testimony contained herein 6 was by me reduced to writing in the presence 7 of said witnesses by means of stenography and 8 afterwards transcribed by means of computer 9 aided transcription. The foregoing is a true 10 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 Ido further certify that 1 am not 13 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 1 am not an employee of any of them, nor 16 interested in the matter of controversy. 17 IN WITNESS WHEREOF, 1 have hereunto set 18 my hand and affixed my notarial seal at 19 Gadsden, Alabama, County of Etowah, this 6th 20 day of January 2002. 21 Deborah Salers Garrett 22 Certified Shorthand Reporter Registered Professional Reporter 23 Notary Public, Alabama-at-Large My Commission expires: 3-6-05 Pages 105-106 HARTOLDMONO018951 [& - aided] Transcript Word Index & & 1:16 2:4,9 1 10019 2:5 106 2:15 116 15:5 1221 89:3 1242 77:16 89:3 1355 2:9 1633 2:4 18 92:18 1937 54:11 1946 14:3,16 1947 59:1,3 1951 62:23 63:7 1955 17:21 71:17 1960 25:10,12 26:9,15 27:2 28:19 30:5 37:20 39:7,17 40:9 41:2,23 68:11 1962 15:23 1965 76:6 1968 83:11 1969 26:13,22 27:2,9 41:7 1970 27:16 34:2 1975 92:18 93:3 1985 25:18,20,21 1986 17:23 1st 25:20 2 2:00 1:144:8 2001 1:154:85:1 2001-832 1:5 2002 106:20 20th 71:17 22nd 10:11 23rd 10:11 27 1:154:7 5:1 77:11 3 3 93:3 30309 2:10 35901-0755 1:21 3-6-05 106:23 3rd 76:6 4 4 2:14 4:05 105:10 400 1:17 46 14:6 4706 12:10 5 5 2:20 51 58:20 518 16:1 53 3:4 54 17:22,23 55 17:21 56 17:21 57 3:5 6 60 100:18 60s 42:2 43:12 62 15:20 69 26:12 34:3 37:21 40:13 41:12 52:9 100:19 6th 106:19 7 7 15:21 70 28:11 34:3 37:22 40:13 41:7,12 52:9 100:19 71 3:6 52:9 75 3:7 750 2:9 755 1:21 8 80 36:17 81 3:8 28:8,8,12,14,16 36:17 83 15:21 84 15:21 28:15 85 28:16 86 13:13 15:21 17:16 9 9 3:3 90 13:13 92 3:9 a abernathy 1:3 ability 7:23 57:20 absorbed 101:8 absorption 59:16 65:22 66:18 accommodate 8:15 accurate 106:10 action 1:5 activist 57:16 actual 72:6 73:15,20 adams 6:4 add 22:14 added 41:3 address 12:8,18,20 13:5,10,15 14:11 16:5 18:4 adem 47:20 49:6 adults 48:11 adverse 45:11 52:13 advisory 46:3,5 47:21 49:7 affect 7:22,23 25:6 affixed 106:18 afforded 22:6 aforesaid 106:5,11 afternoon 5:9 age 8:2 98:18 agents 106:14 ago 34:5 100:11 agree 49:3 agreed 4:2,9,15,22 ahead 20:3 55:15 79:13 89:19 aided 106:9 HARTOLDMONO018952 [air - blood] air apologize associate bans 40:15 59:17 65:23 66:19 58:1 32:4 52:11,18 al apparatus associated barbara 1:3,6 40:7 80:22 98:5 99:16 38:4 alabama apparently association based 1:1,2,18,21 4:6,7 5:1 77:11,14 96:11,17 104:2 100:4 106:19,23 appears assume basic albert 60:15 77:1 90:5 67:9 92:18,23 apples assumes basically alerted 86:7 87:12 72:17 84:1 29:5 31:3 40:15 89:2 77:14 appreciate assuming basins alike 62:13,17 19:16 44:15 45:8 89:6 67:19 87:12 appreciated 90:23 98:2 100:4 basis allowed 70:13 atlanta 34:6 68:20,23 69:3 89:16 42:2,18 59:19 66:2 80:8,11 approximately 2:10 18:11 batch ambiguous 12:23 15:10 25:18 26:7 attached 41:5,5,10,11 21:8 56:13 27:14 63:5 3:11 93:1 106:2 batches amount april attention 41:4 49:9 69:4 84:19 15:2 25:10 26:8 54:13 59:4,7 bathhouse analyst area attorneys 68:14 69:6,19 58:23 17:16 18:9,17 23:4,6,14,16 106:14 beaker animal 36:1 37:13 42:7,17 43:3,8 attributable 30:16,18 55:1,4,10 56:4,10 57:4,16 88:19,23 83:14 began 99:15 areas attribute 34:1 36:5,6 animals 42:19 47:21 82:18 beginning 54:16 55:20,22 56:6,17,19 aroclor attributed 37:20 57:18,18 26:6,9,16,18 27:1,4,13 83:8 begins anniston 28:18,20 29:2,22 30:4,6 audibly 78:11 1:174:7 5:1 10:23 11:9,10 31:7,8,13 32:7 37:14,19 6:16 believe 11:15,22 12:15 13:17 14:2 39:7,8 40:12 41:22 42:1 august 15:21 17:22 23:5 25:12 14:4,15,21 16:6,23 17:2,7,9 45:16 54:17 55:21 57:4 77:11 43:22 44:7 18:2,9 38:16 46:18 47:8 68:10 70:7 72:11 75:4,7,12 author benefits 85:11,18 86:8,9 87:14,18 77:16 78:15 79:19,19 59:12 60:1 104:1,3 87:20,23 88:8,14 89:22 100:18 automated benson 91:3,4 aroclors 40:19,21 41:8,9,11 2:4 5:11 annual 39:17 56:2 59:22 60:4,8 automatically best 66:22 61:5,11 62:2 65:12 66:16 41:19 25:10 57:20 58:3,4 answer 72:6,12 73:14,19 74:11 available bet 6:13,15,22,23 7:23 20:2,3 75:18 79:4 68:12 70:13 21:12,22 24:13 31:22 44:14 arrested aware big 45:4 48:22,23 51:15 55:12 105:1,3 20:15 33:4 46:2,8 49:16,19 32:21,22 55:13 56:14,21 58:16 63:19 article 51:22 85:18 96:9 102:21 bioacid 79:13 84:3 86:23 87:7 59:12 60:2,15 b 89:18 90:18 91:16,17 93:23 aside 94:13 96:1 12:3 61:8,15 answered asked back 15:6 27:1328:1731:13 37:21 40:12,17,20 41:12 57:19 20:9 50:11 87:3 42:1 43:11 65:5 100:18,19 answers 20:23 60:10 asking 6:9 20:7 42:22 45:3,6 51:9 background 12:5 97:16 anteroom 103:10 anybody 57:10 61:8 64:9 73:17 84:14 85:11,13 86:10 88:22 90:5,22 bad 64:15 bank 82:5 42:2 79:16 81:19 82:1 93:18 103:8,15 assign 4:19 117 46 9 10 banned anyway assigned 51:23 52:4,5 53:3 6:9 36:2 37:10 29:20 biphenyls 93:15 94:4,7,16,22 95:10 95:16 bit 41:1 47:6 67:16 86:20 bless 16:15 blocked 42:12 blood 7:17,18 67:9 97:10,15 98:7 106:13 HARTOLDMONO018953 [bodies - connection] bodies 46:21 body 93:8,16,20 94:5,8 booster 68:1 born 13:17,21 14:14 16:23 17:3 17:5,6,14,20 bother 97:21,23 bottom 10:16 73:4 78:10 bounds 98:13 brandon 12:10,12,13 break 8:13 96:8 breathing 40:6 bressler 2:3,20 5:8,10 6:2 19:14 21:20 43:18 47:5 57:10 58:13 62:7 63:21 64:19 65:8 78:3 87:2 88:22 96:6 102:3 105:4 bring 10:2,6 64:22 broader 65:18 broadway 2:4 brutally 78:18 build 35:3,17 37:5 building 1:17 35:4 37:16,17 69:21 90:2 buying 49:22 c calhoun 1:2 17:12 46:3,6 call 101:20 called 5:11 19:5 77:9 102:18 calls 47:23 cancer 24:4,17,18 80:16 82:19 83:8'l5 84:6,20 85:4 86:2 86:13 87:22 88:9 89:11 90:12 91:8,20 96:12,18 cancer (cont.) chief clothes 99:2,6,8,11,13,17,18,22 27:14 31:13,19 32:6,17 70:16,17,18 100:1,6,9,10 33:3 clothing cancers children 20:21 22:7 80:23 16:19,23 18:8 19:1,2 48:11 colon case 49:1751:16 100:10 5:23 6:8 10:10 19:5 20:10 chloracne coming 21:15 80:1,4 91:5 103:4,14 95:11 56:16 57:2 cases chlorinating commencing 83:4,14 29:2 1:14 catch chlorination commission 30:17 40:22 106:23 catching chlorinators commissioner 30:11 29:2,21 89:23 1:14 4:6,23 caught chlorine common 30:8 31:2 46:19 47:9,15 41:3,20 48:21 49:1 78:16 cause choccolocco community 24:4,17,18 49:7 66:13 75:7 46:11 47:2,9,12,17 50:5,12 24:6,15 75:12,19 79:20 82:13 94:17 50:16 company 94:17 95:17,20 97:18 98:9 cholesterol 1:6 20:15,17,19 22:1 23:3 99:2 106:4 7:19 8:21 23:13,18 66:9 68:18 69:3 causes Christmas 70:2 73:2,6,9 76:13,14 99:6 10:14,14 compared cautioned cigarette 83:11 106:3 99:5 compiled central circle 82:10 37:16 12:10,14 complained certain circuit 78:17 22:2 49:9 50:18 51:17,20 1:1 completed 56:11 58:23 80:16,23 circumstances 30:16 certainly 92:3 completely 88:7 city 79:1 87:13 certificate 18:11 compliance 2:15 civil 4:13 certificates 1:5 compounds 82:17 clarify 59:14 60:3 61:4,6 certified 31:5 64:5 computer 1:12 106:22 classification 106:8 certify 26:3 concern 106:1,12 classified 49:8 65:3 97:18 98:9 change 28:21 concerned 70:15 88:15 89:2 clay 105:5 changed 13:22 concerning 40:16,18 clean 11:8,20 12:1 check 100:23 101:1,3 concluded 30:19 cleaning 105:9 chemical 100:22 conclusion 20:16,18 22:2,5 23:3,4,7,14 cleanliness 53:9 24:3 26:2,4 28:21 29:12 34:17 condensation 31:20 52:12,14,19,22 73:2 clear 29:20 73:6,9 19:15 57:1 90:21 confused chemicals Cleveland 6:18 30:1,6,23 33:20 39:19 56:5 76:13 connected chemist closed 106:13 58:22 42:10 connection 68:5 HARTOLDMON0018954 [consolidated - document] consolidated 1:6 contact 38:5 59:20 66:3 contain 83:13 contained 40:6 106:5 container 30:14 contaminated 48:4,5 50:19 51:10 contents 79:10 context 60:18 63:16 continuous 40:22,22 continuously 17:7 control 30:22 controversy 106:16 convey 32:7 conveyed 32:16,19 33:10 convicted 104:22 cooked 41:18 coosa 17:10 copy 58:1,4 corner 73:1 corporation 92:19 correct 25:19 34:2 53:15 71:17 76:6,7,9 84:9,21 99:5 correcting 33:9 correspondence 10:20 counsel 4:3,17,18 country 97:17,19 county 1:1,2 13:22 17:1246:4,6 106:19 couple 20:13 82:12 course dear depositions 8:5 32:20 46:17 92:23 4:14 102:16 court death dermatitis 1:1 4:146:11,167:2 82:13,17 59:19 65:16 66:2,6,12,14 creek deaths details 46:11 47:2,10,12,17 50:5,5 82:18 83:4,7,7,13 84:7 97:7 50:14,16 deborah determine crime 1:124:5 106:21 87:20 104:22 december develop csr 1:154:7 5:1 10:11 25:20 93:11 4:5 decide develops current 53:12 75:3 13:14 decided diagnosed currently 74:18 100:6,9 43:13 decision difference curry 53:7 74:23 38:4 deeper different cut 64:17 29:14,1837:1241:7,13 45:3 defendants 87:13 92:3 96:11,17 98:5 cv 1:7 2:7 direct 1:5 defined 54:13 59:4,6 d 72:7 73:16,21 74:22 discharged delta 24:16 14:5,18 98:15 13:22 discomfort daily 78:22 damage delving 64:17 demonstrated 78:17 discuss 9:16 10:5 33:18 103:8 75:19 78:20 79:5,20 93:9 dan 59:15 60:5,9 61:7,12 62:3 discusses 65:13,16,21 66:17 82:7 9218 department disease danger 2322 dangerous 5313 26:7,10,12,16,18,19 27:1,7 75:3,8,13 27:12,13,19 28:2,7,19,20 disfiguring 29:8,10,11,14,22 30:3,4,21 59:18 66:2 31:8 32:7 34:1,7,13,23 disposal dangers 35:20,22 36:5,14 37:1,3,20 100:20 101:17 25 5 44 9 39:7,8 40:12 41:23 42:1 dispose data 117 45:1667:12,1968:11,15 101:12 70:6 72:11 89:9 100:18 disposed date 547 58 19 76 5 dated 101:14,16,18 102:12 departmental 33:5 101:14 distance 14:12,17 71 17 93 2 dates 1715 departments 35:14 42:3,8 69:12 depend distillation 40:23 distinguish daughter 17:19 18:18,20 23:22 deposed 47:14 disturbed daughters 5:19 10:10 77:10 1714 183 davis deposited 101:22 doctor 66:9 77:3,3,7 day 29:16,16 34:6,6 69:5 70:20 deposition 1:9,11 4:4,10,11,20 6:6 8:5 9:14,15,23 10:16 19:7,17 document 9:8 53:21 54:5,8,9,14 58:19 59:21 60:16,19 61:5,9,15 8816 89 3 106 20 days 53:22 62:11 71:1281:14 61:20 62:22 63:7,16 64:6 89:17 103:1,3,14,18 104:20 64:12,18,21 72:5 76:2,5,11 69:4 105:9 106:2 81:13 82:7 84:14 85:15 92:8 HARTOLDMONO018955 [documents - filing] documents electric 10:2,6,17,18 11:1,11 58:2 76:12 92:19 81:16 102:23 103:5,5 elevated dog 77:16 67:15 eleven doing 12:19 82:8 28:19 elmer door 38:6,8 76:17,19 42:12 else's doubt 72:23 6:13 51:5 emmet draw 38:23 39:3 71:19 53:9 emphasize driving 78:22 14:11,17 employee drove 32:10 44:23 106:15 14:8 employees duly 22:4 31:21 32:8,13 33:4 5:4 106:3 43:20,23 45:7 68:19 78:16 duration 82:9,15,23 86:1 62:6 engineering e 76:12 earlier 23:9 44:21 65:15 77:9 entail 28:23 67:7 89:17 90:15 98:11 easier 7:2 entirety 64:11 entries eat 42:3,18,21 43:2 46:21 47:8 82:22 environment 48:7,12,18 49:4,8,11,18 25:4 eaten 46:1847:1,16 eating 43:8 educate epidemiological 81:20,22 equipment 20:21 22:7,19 33:16 34:19 39:21,22 40:14 74:12 41:1 edward 2:8 effect 4:12 effects especially 85:8 esq 2:3,8,8 essentially 9:21 22:16 98:22 7:22 39:13 45:11 52:13,21 53:10 54:20 55:4,22 56:4 57:5 59:17 66:1 74:16 93:8 93:16,19 94:3,5,8 95:3,8 eight establish 72:13 et 1:3,6 etowah 12:23 15:1,2,13,1531:18 1:1 106:19 78:10,22 96:22 97:3 eighty evaluating 88:8 98:17 either 41:2347:1855:2 71:15 evaluation 82:17 everybody 87:18 104:13 elaborate 32:19 33:6 70:15 99:7,13 evidence 86:19 4:21 21:17,19 evolved exposure (cont.) 54:17 95:9,15,20 96:10 97:4 exact exposures 25:17 78:23 exactly express 31:5 45:2 69:1991:10,13 74:14 91:18,20 93:23 extent examination 21:13 57:7 72:16 83:23 5:7 f examinations fab 67:8 34:9 35:15 37:4,6,10,12 examined 5:5 excess 48:13,19 49:13 excessive fabrication 37:7 face 33:15 40:1 fact 95:9,15 9:16 10:9 30:10 49:6 52:10 exclusively 36:9 37:1 52:17 87:21 89:8 95:20 96:15 98:6 99:5,14 excuse 7:18 11:4 14:23 15:18 63:21 facts 21:11,16,1723:11,13,17 familiar exhibit 9:3,4 53:17,21 57:21 71:7 39:4 90:19 102:22 family 71:11 75:21 81:9,14 92:4 exhibits 3:11,12 14:7 100:8 104:12,15 fan 8:12 existence 46:2 far 12:22 13:9,23 15:8,12 16:8 expect 30:11 47:16 62:16 96:23 20:19 22:4,18 44:19 45:13 expected 83:13 84:8,16,20 85:5 86:3 86:14 88:10 89:12 90:13 98:8 105:4 fashion 73:12,14 fast 69:17 experience fault 28:18 experienced 86:1 experimental 54:15 90:22 fax 54:10 february 16:16 93:3 experiments 24:18 expert 6:7 21:5 84:12 expires fed 41:19 federal 52:11,17 feeder 106:23 41:16,19 explain 86:22,23 87:6 93:11 feel 92:8 exposed 96:22 exposure fifty 16:14,15 82:14 figures 39:14 54:16 43:15 45:11 52:14,22 55:2,3,21 57:5 62:6 85:17 filing 86:9 87:18 64:1,15 66:13 75:4,7,12 4:23 78:21 79:4,19 80:15,22 HARTOLDMONO018956 [fine - higher] fine form (cont.) georgia growing 5:15 8:2 46:16 61:20 56:12 57:6 60:11,21 61:14 2:10 46:17 47:3 finish 61:23 63:11 72:16 73:22 getting guess 6:21,23 75:9,15 79:7,23 80:12,17 23:15 103:21 20:12 69:2_______________ finished 81:3 83:22 84:22 85:7,16 girls h 12:4 24:13 45:4 54:3 98:14 firm 5:10 9:14 32:5 first 5:4 10:8 12:17 16:6 17:19 86:5,16 88:3 89:14 93:21 16:20 94:10 95:18 96:13,20 99:19 give 100:2 102:1 19:7 32:12 39:18 49:7 59:9 former 67:10,13 68:1 98:9 82:9,14 given half 12:19 13:1325:1763:5 hand 106:18 handle 21:2 25:23 28:18 46:8,13 forth 11:8 66:22 67:20 106:11 30:1,5,10 39:19 54:14 55:18 58:5,18 61:2 64:13 71:16 72:4 73:4,10 76:1,22,23 77:8 78:9 82:6 92:22 106:3 fish 1:19 forty 16:22,22 17:20 100:13 found 83:19 gives 75:4 gloves 40:2 go handled 30:12 31:4 handling 39:16 101:20 happen 46:3,5,19,22 47:1,9,15,17 four 20:3 28:17 47:18 50:3 75:2 47:21 48:7,12,18 49:8 fite 3:6 8:20 10:15 16:1028:13 55:14 57:16 78:9 79:13 71:8,11 83:8,14,19,20 87:11 89:3,18 96:6 happened 68:21 90:20 91:3 1:16 fitter 35:1,2 84:15,17 91:21 95:2 100:12 god 100:14 16:15 frank goes happy 8:14 hard fitters 35:16 78:18 frankly 59:12 goggles 40:1 47:14 haredos fitting 35:19,21,23 36:7,14 five 64:2 free 64:4 92:8 105:5 33:14 40:1,3 going 6:5 9:2,3,22 10:9 16:17 77:9,12 78:1,6,12,14 hats 40:1 3:7 16:22 17:20 25:16,16 friedman 29:18 63:6 75:22 98:16 2:4 5:12 53:12 58:7 62:7,21 76:1 88:16 99:8 100:1 hazards 43:14 77:15 103:10 friendly good head floor 78:15 90:2 florida 18:12 following 104:17 friends 104:12 front 61:16 76:5 5:9,16 62:16 96:23 gotten 77:12 99:22 government 48:8 49:13 51:22 52:10,11 6:178:12 health 39:13 43:14 45:11 49:6 52:13,21 53:10 97:1 98:6 hear 93:14 full 52:18 49:21 76:13 97:2 99:1 follows 5:5 food 49:11 force 4:12 5:17 59:5,7 60:1 61:2 74:20 78:9 function 8:2 34:12 furnace governmental 48:13,19 grandchild 18:16 grandchildren heard 46:14 50:2 66:6,9,11 80:14 80:19 94:14 heck 69:1 4:12 foregoing 106:9 foreman 28:10,12,14 36:19,20,22 102:19 further 106:12 gadsden g 18:13,19,22,23 19:2 48:16 49:1851:17 gravity 30:17,19 grazing helms 2:9 help 24:9,12 45:21,22 75:17,19 80:3 81:4 96:1 37:9 38:2,2 43:6 foreman's 36:18 1:21 106:19 garrett 1:124:5 106:21 49:23 great 18:16 helped 80:1,5 hereto forget 61:22 form generally 10:22 97:17,19 gentleman ground 63:22 grounds 3:12 hereunto 106:17 4:18 19:6,12,19,22 20:11 21:1 23:9,20 33:22 43:16 21:4 gentlemen 4:19 6:6 group high 8:21,23 54:17 55:2 44:12 47:22 49:15 50:21 103:12 82:7,15 83:12 higher 51:12 52:15 55:6,12,23 88:10 98:7 HARTOLDMONO018957 [history - laws] history incidences instrumentation knew 75:4 87:22 89:11 90:12 91:7 41:15 44:15 45:20,22 48:10,14 hogs incinerator insufficient 49:4 50:1851:1,10,13 49:22 102:7,10,17,20 21:11 72:12 73:19 75:11 91:4 home include interact know 11:2,1270:11 95:10,16 38:14,19 94:16 8:8,14 13:8 19:8 23:21 24:1 hot includes interaction 24:9,20,22 30:8 32:11 38:6 79:4,19 21:17 30:22 38:11,12,23 43:13,17,19,20 hour including interested 43:21 45:23 47:16 48:1 78:22 10:19 56:22 106:16 52:2,3,4,5 53:2,3,8,23 howard incorporate interposing 56:16 66:7,10 67:17 72:2,5 2:3 5:1061:18 65:18 19:21 73:14 77:3 80:6 81:7,21 huh increase involved 87:12,15,19 88:2,4,5,11 6:17 18:5 26:14 27:21 41:6 87:21 91:7 34:22 39:19 100:20 89:13,22 90:3,4,10 91:6,21 42:14 54:12 95:5 101:6 increased issued 91:23 94:14,19 96:19,21,23 human 98:4 9:14 47:21 49:6 97:4,6,7,10,12,13 102:6,10 56:8 93:8,16,20 94:5,8 96:9 increases item 104:7,15,20 98:3,5 99:15 80:22 32:21,22 93:6____________ knowing humans 56:6,22 95:8 96:16 hundred 9:1 82:8 hydrometer 30:18 hygiene 69:2 hypothetical 20:14,17 22:9,10,15,21 23:2,10 44:21 50:22 51:9 89:15 90:6,8,16,18 98:11 hypothetically 24:2 45:8,18 89:6 98:3 hytrin 7:12,13,17 8:19 idea 73:8 identification 3:11 9:6 53:19 57:23 71:9 75:23 81:11 92:6 identified 21:5 83:4,7 imagine 49:13 immediate 74:9 100:8 immediately 93:13 importance 86:18 important 53:8 81:6 87:5 89:13 90:9 91:5 inappropriate 63:13 indented j 56:23 75:18 80:7,10 82:22 indicate 73:18 indicates 84:6 james 1:9,11 2:18 4:4 5:3,18 january 106:20 job known 56:3,7,10 75:14 79:22 81:2 81:8 86:4,15 91:11,12 95:22 96:4 krummrich indicating 18:5 26:14 27:21 41:6 42:14 54:12 95:5 98:1 28:23 29:13 31:6 32:12 36:18 jobs 82:3,9 85:2,12,23 86:7,11 88:1 89:7,10,21 90:3,11,20 90:23 91:1,23 92:1________ 101:6 individual 29:6,19 jump I lab 75:2 15:6_____________________ 31:3 inerteen 93:7,15,22,23 94:2,4,15,17 94:23 inform 23:5 information 12:6 20:8 25:1,2 32:8,15 33:10 44:18 45:9,14 53:15 80:7,10 82:13 informed 81:19 82:1 85:2 ingestion 54:19 55:3 injury 95:10,16,17,21 inside 90:1 inspired 59:16 65:23 66:19 installing 35:5 instance 21:3 instructions 39:18 k kasowitz 2:4 5:11 kelly 9:19 10:9 38:23 39:3 71:20 71:21 72:5 kelly's 72:18 kid 50:6 kidney 78:20 79:5,20 kill 79:4 killed 78:19 kind 22:6,18 29:21 30:8,21,22 32:1,4 33:10,15 34:14 35:10 38:19,22 39:22 40:5 40:13,23 41:16 44:8 88:17 97:5 101:19 kinds 28:17 35:12 ladder 29:19 lake 13:2,3,12 15:7,20 17:8 47:12 50:4,16 51:3,6 landfill 102:5 landfills 101:22 language 54:15 large 4:7 79:8 106:23 largely 90:8 larry 62:16 late 34:3 law 1:165:106:11 32:4 lawrence 2:8 laws 4:13 HARTOLDMONO018958 [lawsuit - misstates] lawsuit live (cont.) main meaning 5:13 18:17 38:5 75:1 8:7 50:10 55:9,9 73:12 lawyer lived maintaining means 19:21 12:18 13:3 14:17 15:3 16:3 34:18 83:16 99:4 106:7,8 lead 16:6 17:2,6,8,23 47:11 maintenance meant 54:19 55:3 liver 27:19,20 28:2,3,6,9,10,11 21:1426:21 57:11,12,15 leading 75:3,7,12,19 78:20 79:5,20 28:12,14 34:1,7,12,16,23 meats 4:18 62:9,18 64:3 95:11,17,21 36:1,3,5,20 49:12 leave lives making medical 61:14 70:3 18:10,10,11 62:14,18 94:20,21 11:19,23 104:2 leaving living maladies medication 61:8 24:15 46:18 47:8 100:15 98:6 7:4,20 led 55:21 Up 2:4 male 83:11 medications 7:16,21 8:18 left local man meet 27:11 36:10,11 70:1 73:1 50:4 62:22 63:14 105:6 103:8 lengthy locally manifested meeting 63:15 89:16 46:19 74:15 38:17 letter located manually meetings 77:6,10,12,13,23 78:5 79:9 102:7 41:3 32:21 33:6,11,19 38:19,21 79:11 92:16,23 93:2 94:12 location manufactured 38:21 94:18 20:19,22,22 22:3,5 20:16 memoranda level lockers manufactures 10:21 62:5 97:11,15,16 98:7 70:14,16 20:18 22:2 memory levels logan manufacturing 8:1 15:18 51:14,18,20 64:1 98:4 13:2,12 15:3,7 17:16 46:23 22:15 88:13 mention liberty 47:11 50:4,12,16 51:3 march 98:21 64:20 long 54:9 92:18 mentioned light 8:17 12:18 16:1325:15 mark 44:6 105:2 26:4 28:6 34:5 93:9 97:4 9:3 37:23 38:4,5 43:6 74:6 met liked 100:11 103:21 74:8 103:17 56:3,9 81:1 86:4,15 91:12 look marked middle 95:22 96:3 10:15 11:5 53:20 58:6,13 3:2,11 9:5 53:18,21 57:22 82:21 limit 58:18,21 71:10,16 72:3 71:8,11 75:22 81:10,13 mike 48:8 72:6,14 73:15,21 74:20 76:3,11,22,23 92:9 92:5 9:19 74:21 92:17,22 93:5 marriage miles limited lot 106:13 12:23 14:1,19 15:10,13 10:19 40:16,18,19 married 16:10 17:11 limiting lunch 16:11,13 mill 21:8 43:11 42:7 martin 12:10,14 limits lunchroom 13:2,12 15:3,7 17:16 46:23 miller 48:13,20 49:5,14 42:21 47:12 50:4,12,16 51:3 1:16 line lunchrooms material mind 54:1061:3 73:10 42:4,6 11:6 101:20 73:5 90:9 99:7 lines lung materials mine 78:10 82:12 82:18 83:8,15 84:6,19 85:4 11:7,13 101:21 97:20 98:13 linked 86:2,13 87:22 88:9 89:11 matter minute 21:1480:15 90:12 91:8,20 21:6,9 57:3 106:16 17:4 96:7 lipitor lynn mcc minutes 7:8,9,17,19 8:20 13:9 73:5 103:10 listed 93:2 little 8:11 41:1 47:6 86:20 live 12:7 13:1,11 15:4,16 18:8 m.d. 71 '20 machines 35:7 m mcc's 73:11 mean 17:4 25:3 32:23 37:6 44:1 45:3 49:1 54:10 55:7 80:4 99:6,17,23 104:20 mischaracterized 94:11 mischaracterizing 57:8 misstates 79:10 HARTOLDMONO018959 [monsanto - patently] monsanto near objection (cont.) oranges 1:6 5:14 10:22 12:21,21 49:23 52:23 62:4 63:3,9,18 64:4 86:6 14:5,6,12 15:8,12 16:8 necessarily 65:1,3,14 66:5,21 72:20 organ 20:12 25:7,9,15 26:1 44:15 78:21 86:17 75:16 84:10,18 85:22 90:14 55:10 45:9,13 49:22,23 52:3,7 necessary 91:9,15 95:23 98:10 ought 54:23 55:1 60:7 61:9,10 4:16 64:23 objections 24:5 62:1 65:11,20 66:4,15,23 need 4:16,19 19:1862:10,15,19 outset 67:5 72:9,12 73:2,6,9,18,19 8:13 18:6 22:23 27:22 59:9 obligated 19:15 75:6,11 76:8 79:3 80:20 60:12,22 76:3 86:22 87:7,9 6:12 outside 81:20 82:2 84:6 85:12 needed observation 37:2 89:23 87:19 93:18 95:14 101:23 22:12 23:1 35:17 40:8 84:5,17 owens 102:7,21 103:19 104:2,6,9 neither observe 6:3,4,8 103:4,14 104:13,16 98:19 101:21 oxford monsanto's new obtained 18:10,18,20______________ 10:22 11:8 73:12 2:5,5 5:11 32:10,13 82:14 P month newsom obviously p.m. 29:4 2:8 62:10 60:19 1:154:8 105:10 months 26:7,10,17,20,23 27:4,5 nine 16:22 98:17 October 54:10 packs 40:16 moore 2:9 mother nolen 1:9,11 2:184:45:3,18 normally offense 104:21 offered page 2:13,18 10:15 11:1858:18 58:21 59:2,6 63:6,8 64:13 100:10,15 move 98:8 notarial 3:2,11 4:21 officers 71:16,19 72:4 76:16,22 78:9 82:21 92:17 93:6 14:2,4,9 moved 13:14 14:15,20 15:19,20 106:18 notary 4:6 106:23 32:2 offices 1:16 paid 70:23 panama 16:4 17:16 mullis notes 10:20 okay 8:4,16 10:12 11:5 12:3,6 18:11 papageorge 2:9 notice 13:7 19:3 27:11 36:16 38:10,11,15,20 92:13 myers 2:8 6:4 7:13 8:10 18:6 19:6 19:12,20 20:11,23 21:21 22:8,20 23:8,19 24:8,21 26:21 27:22 33:22 42:15 4:22 9:13 10:16 noticed 9:16 number 9:4 53:17 57:21 71:7 75:21 60:22 61:2 72:3 73:8 78:13 94:13 old 14:20,23 16:21 58:2 96:23 97:4 98:17 paper 43:22 44:7,8 46:12 48:2,3 paragraph 10:18 11:6,1854:1455:18 59:5,8 60:1 61:2 72:4 73:4 43:16 44:12,20 45:17 47:3 79:8 81:9 82:22 92:4 omits 73:10 76:23 77:8,21 78:9 47:22 49:15 50:21 51:2,12 o 52:15,23 55:6,11,23 56:12 57:6,1458:11 60:1061:13 62:4,20 64:13 65:1,14 66:5 66:21 72:15 73:22 75:9,15 oath 6:11 object 19:6,12 20:11 21:1 33:22 21:15 62:5 79:8 once 101:10 ones 31:20 50:10 78:11 82:6 83:10 92:22 95:2 parathion 26:11,13,1927:6,1229:10 29:17,23 30:3,21 31:11 77:22 79:6,23 80:12,17 81:3 83:22 84:10,18,22 85:7,16,22 86:5,16,22 87:6 88:3,18 89:14 90:14 91:9 91:15 92:14 93:21 94:9 43:16 44:12 47:22 49:15 50:21 51:12 52:15 55:6,11 55:23 56:12 57:6 60:11,20 61:13,23 62:7,8 63:10,22 72:15 73:22 75:9,15 79:6 open 90:2 operator 26:2,4 27:14 29:12 31:14 31:19 32:6,18 33:3 35:20,22 36:2,8,13 37:1,2 37:14 67:12,18 70:6 102:12 102:13 pardon 80:9 101:13 95:18,23 96:13,20 98:10,14 79:23 80:12,17 81:3 83:22 operators part 99:19 100:2 102:1 n 84:22 85:7,16 86:5,16 88:3 88:18 89:14 93:21 94:9 28:22 31:20 opinion 34:6 46:3 58:8 74:21 79:9 particular name 5:9,17 13:8 29:1 76:17 39:4 67:21 95:18 96:13,20 99:19 100:2 102:1 objecting 50:23 opposed 68:20 35:14 74:5 parties 4:3 106:14 nature 31:6 19:13 objection optional 70:4 parts 46:5 ne 19:22 20:3 22:8,20 23:8,19 oral patently 2:9 24:8,21 44:20 45:17 51:2 54:18 55:3 63:12 HARTOLDMONO018960 [patricia - reactors] patricia plaintiffs (cont.) pressure protective 15:5,11,17 18:1 53:17 57:21 71:7 75:21 7:17,18 20:21 22:6,19 40:13 pays 81:9 92:4 pretty provide 104:9 plant 29:13 88:17 20:20 pcb 10:23 11:9,10,16,22 12:21 prevent provides 11:9,9,21 12:1 39:1443:14 28:4 35:8,13 37:13 38:16 80:5 21:10 45:11 51:8 55:2 80:15,21 78:15 82:3,9 85:12,12,18 previous public 82:3 85:23 88:13 96:10 87:14,18,23 88:1,14,21 14:11 4:6 106:23 97:10,15 98:7 89:8,21,22 101:16 previously purported pcbs please 41:10 60:14 10:23 11:15,21 12:1 20:4,5 8:7 87:10 prior purposes 20:9 39:10 44:1,2,9,10,16 plus 4:21 32:11 69:2 90:6 45:10 48:4,6,8,12,19 49:9 67:9 privileged pursuant 49:14 50:19 51:11,23 52:8 point 9:21 1:18 65:12,21 86:11 93:19 95:20 83:14,20 84:15 102:2,3 probably put 96:11,17 98:4 99:16 policy 6:7 8:19 15:19 17:11 26:12 12:3 35:17 70:16 peachtree 68:18 70:2,5,6 73:7,9 74:6,8 q 2:9 pending polychlorinated 93:14 94:3,7,16,20,22 problem 98:20 quality 58:1,3,5 58:11 pension 103:19,22 104:9 95:10,16 population 83:12 85:6 problems 98:18,18 procedure question 7:1 8:4 21:2,7,22,23 22:10 44:14 45:2 47:6 48:22,23 people position 23:12,16,23 24:10,12 31:18 25:23 26:5 73:11,13 89:5,7 procedures 50:22 52:16 54:21 56:14 57:20 58:7,12,16 60:12,17 32:16 43:1 70:2 86:10 89:8 possession 97:16 99:10 102:18 104:15 11:2,12 period possible 33:5 process 22:16 31:1 32:9 39:20 41:2 60:21,23 61:19,21 62:21 63:10,11,1364:1665:6,10 65:17 72:8,17 75:5 76:1 13:11 15:1629:440:11 93:10 104:5 39:13 93:12 possibly 41:1342:1743:3 88:13,15 91:1 100:21 79:2,7 82:4,5 83:23 87:4 89:15 90:19 93:7,17,22 periods 23:11 24:4 73:7 100:3 processes 94:2,5,10 98:23 104:19 38:3 permanent 93:7,9,15,19 94:2,4,8 person 99:18 potential 90:7 25:4 33:19 43:14 44:9 produce 45:10 52:13,21 53:10 77:15 31:7 52:19 95:3,8 produced pots 37:14,15 questioning 61:17 63:4 questions 4:17,18 6:10,21 7:23 19:22 20:14 64:7,10 93:2 personally 41:17 producing quintard 44:5 pertaining 33:12 preached 33:1,2 precaution 52:7 59:18 66:1 production 38:2,21 51:23 52:11,18 16:1,5 quite 7710 physical 67:9 74:19 precautions 69:12 products quote 84:1 90:16 physicals 75:20 80:8,11 49:12 70:7 66:23 67:7 68:6 preceding professional r pipe 72:21 1:13 106:22 raised 35:1,2,3,5,16,18,21,23 36:6 precisely prolonged 18:3 36:14 37:5 72:7 73:16,21 74:22 54:16 ran pipeline preparation property 35:6,7 35:4 103:6 12:21 14:13 15:9,12 16:9 rate pipelines prepare 50:1 101:23 102:8,21 84:7,9 85:4 91:21 34:14 103:15 proscar rates pipes prepared 7:8,10,198:19 88:9 35:6,7 103:15 prostate rays place presence 7:20 68:4 14:16 16:6 22:1751:3 106:6 protect reactors plaintiffs present 22:12 23:1 29:20 1:4,15 2:2 3:2 5:13 9:4 23:12 82:8 HARTOLDMONO018961 [read - seen] read 44:13 46:12 48:2,3 54:1 58:8,9 65:5 79:12 81:16 91:1996:14 reading 4:10 43:21 53:23 54:3 real 69:16 really 63:14 64:15 realm 53:1 reason 20:1 60:13 recall 5:23 6:1 13:5 46:13 66:11 76:19 100:11 received 78:5 recognize 9:7 39:5 76:2 92:7,10,12 recognized 92:14 recollection 71:21 recommended 48:8 51:13 record 6:17,19 62:20 65:2,4 96:7 records 10:20 reduced 106:6 refer 10:21 reference 58:22 references 102:15 referring 61:5 reflected 84:17 85:15 refresh 71:20 regard 39:13 103:13,16 regards 39:16 46:4 51:16 55:21 regional 1:20 registered 1:13 106:22 regular 32:20 68:20,23 69:3 regulated requested 49:14 10:17 relate reserved 10:21 11:20,23 19:18 relates residence 60:2 64:14 77:13 85:8 15:7,11,17 relating residential 4:14 23:4,15 relation residents 12:20 23:6 released respective 24:7 4:3 releases respects 23:3 19:23 releasing respirator 23:7,14 40:6 reliance response 76:12 93:13 94:1 relief responses 29:6,7 93:1 remain responsibilities 59:19 66:3 31:16 35:13 36:23 remediation responsibility 11:10,15,21 12:1 32:5 37:4 remember responsible 13:10 16:2 25:11 39:11,15 28:331:1733:8 101:17 41:21 43:9 44:13 55:16,17 responsive 55:19 68:9 70:8 74:5 79:15 11:3 79:16 81:15 85:21 92:10 restating 95:19 98:12 repeat result 21:23 52:16 60:22 6:7 77:10 repeated results 54:18 85:14,19 91:6 repeatedly retire 59:14 60:4,9 61:7,12 62:3 25:21 65:13 66:17 retired rephrase 28:16 104:6 8:8 47:6 70:5 review replace 102:23 103:5 35:3 richard report 77:2,3 37:22 88:12 right reporter 8:12 34:17 78:4 96:14 1:13,14 6:16 7:2 106:22,22 99:18 100:1 103:11 reporter's river 2:15 17:1046:9,10,11 47:18 reporting road 1:20 15:5,11,17 18:1 reports room 11:20,23 42:10 represent roughly 5:129:1355:8 64:11 84:8 request rpr 11:3,1944:3 4:5 rule 43:10 rules 4:13 6:6 run 6:5,8 69:16 running 29:1 105:2 runs 47:13____________________ s sabrina 1:3 safety 11:6,14 20:20 32:15,20,21 33:4,5,11,12,16,19 38:21 39:21,22 68:14 69:7,7,11 74:12,19 saks 16:4 salers 1:124:5 106:21 sample 30:18 samples 30:8,11,12,14 31:2 51:4,7,8 sand 101:4,5,7,8,10 saw 33:8 saying 69:13 92:2 says 10:17,18 52:19 54:15 58:23 61:3 64:14 71:19 73:2,5,10 74:21,22 76:12,16 77:1 83:3,10 84:14,15 93:1,6 94:12 scenario 22:17 science 53:6 99:5 scientific 99:14 seal 106:18 second 11:5 59:5,7 60:1 71:19 77:21 78:8 83:3 90:2 seeing 92:10 seen 9:8,10,11 44:8 54:5 58:15 58:17 63:1 66:7 71:13 76:4 81:12 85:17 94:18 102:15 HARTOLDMONO018962 [self - state] self shores sir (cont.) sorry (cont.) 40:6 13:9 15:4,23 16:11,16,19 17:1 81:21 91:17 97:2 send shorthand 18:13,14 20:15 21:22 23:2 sort 35:16 1:13 106:22 25:22 26:1,11 27:23 28:1 30:15 37:16 53:1 63:19 sends shot 33:23 35:2 38:6,11,13 sounds 77:6 67:10,13,15,20 40:21 42:5 45:9 46:2 48:7 39:4 sense shots 48:16 51:7,22 52:17 53:23 source 48:21 49:1 65:18 67:17 54:1,6,21 56:1,14,20 57:2 80:15 sent shovel 58:18,22 59:4 60:23 66:16 south 31:2 77:2 101:8 67:1 72:8 73:1,6,17 74:7 16:1,5 sentence shoveled 75:10,11 76:1,14,15,21,22 southtrust 72:21 74:20 77:13,18 78:11 101:11 77:17,20 78:8 79:2,3,20 1:17 sentences show 81:12,17,22 82:7 83:10,17 spatters 63:6 9:2 24:23 96:10,16 98:4 84:3,6 85:1,10 88:13 89:6 101:2 separate 99:16 90:5,21 92:7 93:6,17 95:1 speak 37:17 42:7 69:20 showed 95:12 97:10 100:15,22 8:10 September 48:5 57:4,5 80:21 85:3 86:1 103:2,7,12,17,19 104:14,22 speaking 59:1,3 71:17 76:6 90:11 situation 24:2 62:9,14,19 63:3,17 sergeant shower 22:13 81:5 87:14 96:2 64:3 72:19 32:1 69:5,16 70:1,2,10 71:1,4 six specific series showering 3:8 15:13,15 18:1626:7,10 30:17 34:4 6:10 70:19 26:16,20,23 27:4,5 29:4 specifically serious showers 31:1881:10,14 82:18 10:23 42:22 43:9 16:17 59:18 64:16 66:1 68:12,15,19 69:7,7,11 sixteen specifying seriously showing 15:14 103:23 63:23 51:5 91:7 sixty speculation service shown 15:1,1,2 96:22 97:3 47:23 1:20 24:3,17 56:4 86:12 87:17 skin spend set 88:7 99:15 103:4 59:20 66:3 29:1 1:18 37:12 88:14 90:3 shows skip spent 106:17 54:16 84:19 77:20 78:8 95:1 71:1 seven shut smith spill 3:9 15:1 71:2 92:5 52:3 2:9 68:21 shaking side smoke spills 6:17 7:22 99:10 69:8,15 78:15 101:2 shannon sign smokes splashes 13:9 46:9 99:7,13 69:8 share signature smoking spoke 44:19 45:14 4:1092:11,15 99:1,6 10:8 sheets signs snippets spread 11:7,14 48:5 63:15 101:7 shield similar snow stack 33:15 90:8 91:2,14 92:2 50:5,14 102:19 shields sims socially standpoint 40:1 1:9,11 2:18 4:4 5:3,9,18,19 104:17 66:18 shift 9:2,3 19:3 20:13 25:7 39:6 solutia standpoints 31:17,18,21 32:6 33:7 71:5 44:15 47:20 49:21 50:3 104:6,7,10,11,14 59:15 65:22 shipping 53:20 65:10 66:22 71:10 somebody start 100:23 101:12,14,14,18,19 80:14 96:9 98:2 100:17 72:22 78:19 79:5 99:23 6:22 7:1 14:6 25:9 30:4 shoes 102:23 105:4 somewhat started 40:2 single 38:17 77:14 26:8,15 34:8 39:6,17 72:9 shop 78:21 99:18 soon 103:11 34:9 35:15 36:1,3 37:4,6,10 sir 96:22 97:3 starts 37:12 5:14,17,20,22 7:5,16 8:15 sorry 59:8 shopping 8:21 9:7 11:4,6,17,19 12:2 5:21 7:9 13:19 15:6 24:11 state 16:18 12:7 13:1,3,6,17,18,20 14:2 26:8 36:22 50:10 78:3,6 1:1 5:1 60:13 HARTOLDMONO018963 [stated - truly] stated 60:17 65:15 89:16 90:15 states 77:7 stenography 106:7 step 31:9 69:9 stills 29:20 90:1 stipulated 4:2,9,15,22 stipulations 1:182:14 stop 52:7 62:14 78:19 105:2 storage 35:10 strayed 84:11 street 1:21 2:9 13:10 70:17 strictly 69:8 studied 87:19 studies 24:3 80:20 81:21 96:10,15 98:2,3 99:14,16 study 55:5,10 81:22 82:2 83:19 84:2,5,16 85:2,9,14,20,23 86:12 88:8 90:10,17 91:6 97:8 stuff 24:16 30:10 33:13 42:13 44:6,8 101:3 102:16 subdivision 13:8 subject 21:6,9 subsequently 68:11 100:19 substantially 91:2,14 suggested 63:19 suggesting 87:8 suggests 72:21 suite 1:162:9 summarized 73:11,13 summary temperatures time 60:14 54:18 77:16 4:20,20 8:13 10:8 13:11 supervising ten 15:16 21:9 28:10 30:20 32:17 8:19 97:21 34:5 36:4,6 39:12 40:11,19 supervision tenure 41:1544:1745:1246:17 66:8 74:4 34:22 36:8 47:5,7 54:23 67:4 70:21,23 supervisor tepee 71:14,23 76:9 80:19 88:20 74:9 102:16,18 89:22 93:10 102:2,4 104:5 supervisors test times 42:23 57:18 67:9 84:7,9,19 85:4 86:2,13 supports tested 89:10 90:12 53:7 43:21,23 44:1,3,5,23 45:1,7 title sure testified 38:1 59:20 6:23 8:6 14:8,9 22:1 47:7 5:5 63:2 today 80:13 testify 5:14 7:4 9:15,23 103:1,9 suspected 20:9 told 75:11 testifying 10:1339:9,1243:5 61:10 swim 19:10 65:11,20 66:8 74:1,3 77:8 50:8,1951:11,14 testimony 78:18 85:10,13,19 93:18 swimming 57:3 84:13 103:9 106:5,11 top 50:3 testing 54:7,9 59:2,22 73:1 sworn 56:4,17,19 57:4 torres 5:4 106:3 tests 2:4 5:12 systemic 24:18 55:1,20 total 54:19 55:4,7,9 tetanus 81:16 82:22 systems 67:22 toxic 55:10____________________ thank 23:3,14 54:19 55:4,22 56:4 t 5:16 88:23 57:5 72:6,12 73:14,20 taken theirs 77:15 95:3,8 1:12 4:5 6:1 96:8 106:2 90:1 toxicity talked 9:18 talking 34:17,18 40:9 46:10 51:7 56:6 68:23 69:20 82:23 thereto 4:21 thing 29:21 30:9 31:4,10 33:15 34:15 35:11 38:22 40:23 33:19 44:16 45:10 59:13,21 60:3,8 61:4,6,11 62:2 65:12 65:20 66:16 74:11,15 training 11:7,13 32:11,12 86:6,7 97:20 102:18 48:1 58:9,10 88:17 91:23 transcribed talladega 17:13 tanks 35:10 technically 97:5 things 6:18 22:7 39:20 44:16 98:20 think 106:8 transcript 106:10 transcription 106:9 17:9 telephone 77:9 tell 9:22 23:16 24:5 43:1,7 22:11,23 23:17 25:10 26:21 transferred 32:19 37:21 47:20 51:4 1:2 52:9 60:12 64:9 65:1 67:20 transferring 72:16,20 78:1 84:11 87:2 35:9 99:4,12,20 treat 54:22 55:14 57:13,14 58:14 60:7 62:1 66:4,15 72:11 74:10 75:6 79:3 94:6 95:14 thirty 14:1,19 three 16:22 17:11 98:16 57:17 treatment 67:11 106:4 telling 55:19 70:9 79:16 tells 20:1 3:5 8:20 11:18 13:13 16:20 trial 50:11 57:22 59:6 71:3 82:8 4:20 19:11 64:8,22 83:5,12 84:7,8,19 85:4 86:2 true 86:13 89:10 90:11 95:2 36:4 48:15 67:4 99:12 97:20 106:9 temperature tie truly 55:2 34:4 61:18 HARTOLDMONO018964 [truth - york] truth w withdraw years 106:4 wait 82:4 8:19,20 12:19 13:13 16:14 truthfully 6:21 witness 16:15 25:16 28:13 96:22 6:13 waived 2:184:11 19:5 42:16 84:12 97:3 98:16,17 100:12,13,14 try 4:11,23 106:1,11,17 103:23 6:22 8:8,10 walnut witnesses york trying 1:21 106:7 2:5,5 5:11 29:5 57:1 72:19 want wondering twelve 9:7,20 17:15 20:13 24:19 14:16 14:22 16:4 24:22 31:5 43:7 48:18 53:2 word twenty 53:3,5,14 58:8,13 59:6 73:5 85:9 15:1025:16,1683:5,12 61:18 62:18 64:7,21 65:4,6 words type 80:6 86:19 88:11 92:9 72:18,23 20:20 22:2 75:3 78:23 93:9 96:19,21 97:5,7 work types wanted 11:10,21 25:15 26:1 35:3 49:11 80:16,23 96:12,18 44:23 45:8 75:14 79:21 35:19,21 54:15,23 70:1,3 u warning 70:17,20,21,22 88:16 u.s. 83:11 uh 6:17,18,18 18:5 26:14 27:21 41:6 42:14 54:12 95:5 98:1,1 101:6 understand 59:10 warnings 49:2 wash 68:17 69:10 waste 67:11,19 100:21 101:21 104:16 worked 14:5 20:12 25:7 26:16 27:4 28:11 29:8 36:9 37:19 43:12 44:17 45:12 67:5,18 70:15 86:11 88:19,23 98:15 98:16 99:21,23 8:6 44:22 83:16,20 92:1 102:13 workers 94:19,21 water 33:11 45:15 68:13 82:3 understanding 19:4,9 55:8 74:17 understood 46:21 51:10 waterways 50:4,18 85:3 87:20 88:8 90:11 working 14:6 22:4 25:9 33:20 36:7 44:4 wear 38:15 39:6 41:22 43:2 unfair 33:14,14 74:12 45:15 56:2 67:11 68:10 63:12 unquote 84:2 90:17 unsafe 79:1 use 30:18 33:16 39:21 77:15 v vacation welder 72:10,10 76:8 80:20 89:9 35:4 100:17 104:13 welding world 34:8,10,13,14,21 35:15 57:19 92:1 36:10,11 worried went 88:12 98:22 26:1,6,11,1927:6,13,19 worry 29:5,9,19,23 30:6 31:1,13 75:1 35:18,23 36:18 37:21 40:12 writes 40:16,20 41:12,17 42:1 72:5 29:5,7 54:22 67:8 70:11 71:2,15 writing vague 72:2 78:14 90:23 91:3 97:8 106:6 21:7 56:13 westinghouse written vapors 92:19 60:20 62:22 63:7 65:19 54:17 wheeler wrong vegetables 38:6,8 76:17,20 77:1,7,11 33:8_____________________ 49:12 77:22 78:4 y versus 1:5 47:15 86:8 vessels 34:14 35:9,10 volume 58:23 whereof 106:17 wife 70:13 william 38:10 yeah 18:2 32:2 38:13 40:10 41:10 45:5 53:5 67:15,23 71:6 year 16:15 17:19 27:15 52:5,7 williams 67:2 37:23 38:1,5 43:6 74:6,8 HARTOLDMONO018965