Document bOxL4REZgZGXoQ2yZZ3JOJKDy

THOMAS DICKSON Page 38 Page 40 1 number of local remanufacturers out there that were 2 undercutting our pricing considerably. 3 Q. Were any aftermarket sales made by Dana made 4 exclusively through Dana, or did they have 5 distributors? 6 A. Dana sold part of their products through the 7 OEM and their aftermarket distribution system, and 8 they sold to some independent warehouse distributors. 9 Q. Now, when you say they sold to OEM and their 10 aftermarket distributors, would their aftermarket 11 distributors put their name on the product or would it 12 be sold as a Spicer product? 13 A. In most cases, the sales through the OEM 14 would have the Spicer name on the product. In some 15 cases we were calling -- we were putting on a label 16 like a Ford label so that the box would be a white box 17 with a Ford label on it. 18 Q. And Spicer's name wouldn't appear at all? 19 A. "Spicer" would appear on the clutch, but not 20 on the box. 21 Q. And who were the OEM entities that you sold 22 through their aftermarkets besides Ford? 23 MR. RADCL1FFE: Object to the form. 24 A. We sold all of the major heavy truck 25 manufacturers aftermarket or parts sales. Most of 1 Q. And do you recall when that occurred? 2 A. 1983 maybe,'4. Someplace in there. 3 Q. Do you recall where the trial took place? 4 A. Cincinnati, Ohio. 5 Q. Do you recall the name of the plaintiff? 6 A. Milford. 7 Q. Do you recall the name of the plaintiffs 8 attorney? 9 A. No. 10 Q. Have you been deposed before? 11 A. Yes. 12 Q. How many times would you say you've been 13 deposed? 14 A. Twice. 15 Q. And when was the last occasion? 16 A. 1985. 17 Q. And do you recall where the case was pending 18 that you were deposed in? 19 A. No. 20 Q. Were you deposed in Ohio? 21 A. Yes. 22 Q. Do you recall the names of any of the 23 attorneys involved? 24 A. No. 25 Q. And when was the first time you were deposed? i | Page 39 Page 41 1 those were sold in a Spicer box. Ford, I believe, was 2 the only one that used what we call a "white box 3 concept" and their label. 4 Q. Would it say "Ford" or would it say 5 "Motorcraft"? 6 A. I believe it said "Ford," but I can't say 7 specifically which one it sold under. I believe it 8 was "Ford," "Ford Heavy Truck." 9 Q. Do you know how Dana sold their gasket 10 materials? 11 A. No. 12 Q. Do you know how Dana sold their axle 13 components? 14 A. No. 15 Q. So you don't know if they sold their axle 16 components in the aftermarket? 17 A. I believe their axle components in -- at 18 least in the light-duty, and I believe in the 19 heavy-duty, were sold through the OEMs only. They 20 were not sold through the independent warehouse 21 distributor organization. 22 Q. Have you ever testified at trial? 23 A. Yes. 24 Q. And in what type of case? 25 A. An asbestos case. 1 Was it in 1983 in the Milford case? 2 A. Correct. 3 Q. What was the issue in Milford? 4 A. It was an asbestos case. 5 Q. For a mechanic? 6 A. For a mechanic. 7 Q. Did he work on trucks? 8 A. I believe he did. 9 Q. Is that the same for the case in 1985? 10 A. I don't recall exactly what the 1985 case 11 was. 12 Q. Was the substance of the opinions you offered 13 similar to what you've testified to today? 14 MR. RADCLIFFE: Object to the form. 15 A. I believe so. 16 Q. Are you on a retainer from Dana? 17 A. I'm not on a retainer. I'm being--I'm a 18 consultant that is being paid for the time that I do 19 depositions. 20 Q. Now, at the time that you did the two prior 21 depositions and the trial testimony, you were actually 22 employed by Dana, correct? 23 A. Correct. 24 Q. Is this the first deposition that you've 25 conducted since your retirement? i j Henjum Goucher Reporting Services 1-888-656-DEPO 11 (Pages 38 to 41)