Document bna9VGEJp77beE5wX1y84MN6

FILE NAME: General Motors (GM) DATE: 2000 Jan 24 DOC#: GM071 DOCUMENT DESCRIPTION: Legal - Affidavit of Ralph Froehlich Rciwa: 4/18/00 11:10AM; 04 '1S/0C 1 1 :0 5 FAI 214 443 0358 2 1 A 4 4 3 03SB - WATERS&KRAUS; Page 4 STANLEY HANDEL A IOLA - WATERS A KRAUS Ad--1 8 - 0 0 1 0 :4 8 A BEVAN & ECONOMUS " ^4/VI^VV 4 V t **> 4 ' * 330 407 4493 0004 P .04 IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO OVIL DIV1SION BETTY L. TERRY, Plaintiff. vs. C. JAM ES CONRAD, ADMINISTRATOR. BUREAU OF WORKERS* COMPENSATION AND INDUSTRIAL COMM ISSION, c t aL. Defendants. C aseN o.9S-*93 Judge Patrick!. Foley a f f id a v it o f Ra l p h a. FROEHUCH STATE OF OHIO COUNTY OF MONTGOMERY ) ) SS: ) Ralph A. Ftoehltch, being first duly sworn and under oath, deposes and states as follows: 1. I am employed as the President o f Helix Environmental, Inc/, an oeeupBjonal and environmental health consulting company located in Dayton. Ohio. 1 am a certified industrial hygienist. I have maintained my ccmficarioo since 1983 through two rounds o f certification. 2. Since 1984.1have developed experience evaluating asbestos-related health risks through the performance of air sampling to evaluate occupational exposures to airborne asbestos, the evaluation o f opnations w here asbeBtos-comaimng materials become airborne, the inspection TF-155 ceivea: 4/ie/OO ii:iOAM; 04/18/OC 1 1 : 0 5 FAX 214 443 0358 2 1 * 4 * 3 0 3 S 8 - W A T E R S A K R A U S ; P , ,, s JTAXLEYJtANBELt I OLA * WATERS & KRAUS Apr--1 8 -0 0 lO : ASA BEVAN & ECONOMUS 3 3 0 4 7 4-493 0005 P .05 of buildings and work places where asbestos-containing materials may be present, and oversight and air monitoring at asbestos abatement projects- 3. In 1974,1gndianed from Indiana University in Bloomington. Indiana with a bachelor's degree in Chemistry. In 1982,1 obtained my masters degree in environmental Health (Industrial Hygiene and Air Pollution) from (he University o f Cincinnati. 4. During (be course of nay career. I have obtained multiple certifications u an industrial hygienist. My cacoficanans include: a) Certified Industrial Hygienist from dm American B ond o f Industrial Hygiene (CD i No. AP-2631, 1983); b) Certified Safety Professional from the Board o f Certified Safety Professionals `/ " (Certifieation No. 14328); c) Qualified Environmental Professional from the Institute for Professional Environmental Practice (Certification No. 06960100); d) Several certifications from the Ohio Department o f Health, including Asbestos Hazard Evaluation Specialist (Ohio Certification No. 2 J 12), Asbestos Hazard Abatement Specialist (Ohio Certification No. 3074), and Asbestos Abatement Project Designer (Ohio Certification No. 60038); e) Certified by the Illinois Department o f Public Health as an Asbestos Professional Inspector (Certification No. A96330) a id as an Asbestos Inspector (Certification No. A97352); f) Certified by the Kentucky Department for Environmental Protection as an Asbestos Management Planner (Accreditation No. P99-02-0197) and as an Asbestos Project Designer (Accreditation No. D99-02-0198); g) Certified as an Asbestos Inspector by die Virginia Department o f Professional & Occupational Regulation (Certification No. 3303 002366); and h) Certified by the Wisconsin Deiponmaiit of Health Ml. Family Services as an Asbestos Inspector (Certifieation No. AH-04435) and as an Asbestos Project Designer (Certification No. APD-04435). 7- R ceiva: 4/10/00 11:iiAM; 04/18/OC 1 1 :0 5 FAX 214 443 0358 2 1 4 * 4 3 0 3 6 8 - W A T E B S A K R A U S ; p . 0 . 6 _JI^fLEY_KAiiEEL * I OLA -WATERS A KRAUS Apr--1 8 - 0 0 lO : 49A BEVAN & ECONOMICS 330 467 4493 @006 P .0 6 5. Since 1983.1 have served as ao officer, director and committee member m various professional affiliations, including the Air and Waste Management Association, the American Academy o f Industrial Hygiene, die American Chemical Society, and the American Industrial Hygiene Association. 6. Since 1990.1 have n nifjrrt as an expert witness in the area o f industrial hygiene and environmental contamination, both at deposition and trial, in twenty-one (21) eases. Eight (S) o f the eases related specifically to asbestos haaawte, asbestos abasement, air monitoring for asbestos fibers, aod product liability issues relating to asbestos. 7. I have reviewed die following documents in this ease: ' ' a. s Hubert Terry's work history set forth in a document entitled "Hubert Terry Work History/Asbestos Exposure" (tb* "Twry Work History"). A one and accurate copy o f the Terry Work History is attached hereto as Exhibit 1. b. A report prepared by David A . Gtoth, MJD-, one of Plaintiff's expert witnesses, as well as Dr. G ioth's deposition transcript; and e. Several letters prapmad by Robert P. Baughman, M.D.. Plaintiff's other expert witness, as well as Dr. Baughman's deposition transcript 8. 1 cm familier with the well-accepted. published scientific and medical literature regarding die working conditions o f and exposure to asbestos by auto mechanics during the 1960's and 1970's. It is well-accepted in the literature that the composition o f automotive brake linings included chrysotile asbestos fiber which comprised approximately 50% o f the friction m aterial. -3- 04 / 18/OC 11:05 FAZ 214 443 035 2 1 * * * 3 0 3 S B -> W A T E R S A K R A U S ;: Rag* 7 STANLEY MANDEL A IOjLlAa .* Wwaters a kraus Apr-- 1 8 -0 0 10 : 49 A BEVAN & ECONOMUS 330 467 4493 12)007 P . 07 9. During (be 1960`s and 1970's, the standard process by which brake linings were inspected and repaired involved an auto mechanic removing die wheel from the axle and blowing compressed air into the drum and back platea to remove loose dust. This process, as described in the i-- end medical literature, is consistent with the information contained in the Tern.Work History. 10. It is well*occepted in the scientific and medical literature that the asbestos fibers lhai wore blown into the air during the process o f using compressed air to clean the drum and back plates were o f respirable size. In addition, the scientific and medical literature establishes that the concentrations o f asbestos fibers in die breathing zone o f the mechanic operating the compressed air hose were substantially higher than acceptable air quality standards for asbestos, and that mechanics working within an area as large as up to 20 meters from the air blowing operation also sustained significant exposures to asbestos. 11. Baaed on my education, training and experience as a board-certified industrial Hygienist, and my review o f the Terry Work History and Dr. Grotfa's report and deposition transcript, it is my opinion that Hubert Tarry was exposed to asbestos as he removed old brake linings, used compressed air to clean foe drum end bade plates and replaced brakes on en average of two c a n per day as an auto mechanic at Truesddl Service Station from 1959 through 1972. 12. Based on my education, training and experience as a board-certified industrial hygienist, and my review o f the Terry Work History and Dr. Gzoth's report and deposition transcript. I agree with the opinions expressed by PlaistiiTs expert. Dr. David Groth. that Hubert Terry's exposure to asbearas while he worked as en earn mechanic at TruesdeU Service Station was both significant and injurious. -4. Rciva: 4/18/00 11:11AM; 0 4 / 1 8 / 0 0 1 1 :0 6 FAX 214 443 0358 2 1 A 4 4 3 0 3 5 6 - WATERSAKRAUS; -STANLEY HANDEL A IO)LLA A -wWjATERS A KRAUS Apr--1U8J/-U0/0.-VV1 0I:J4- M9 A *S-E- VAN----&-----ECONOMUS 330 487 4493 12)008 P . 08 13. Assuming the Teny Work History is accurate, meaning Mr. Terry was exposed to asbestos on aregular basis untile he worked as a welder at A.1C. Steel Corporation for approximately seventeen (17) yean, 1would also agree with Dr. Gcoth's opinion that such exposure would have been both significant and usurious. 14. Based on my education, training and experience as a board-certified industrial hygienist, and my review of the Terry W otk History, Dr. Gioth's report and deposition transcript, and Dr. Baughman's lenem end deposition transcript. I agree with the opinions expressed by both Drs. Oroth and Baughman, that Hubert Terry's exposures to asbestos at GM, TrucrdeU and A.K. Steel were cumulative and usurious. FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC -5-