Document e7nBzdyK8de3e8QBgRE6Ka6wy

' GARY AUSTIN Page 10 Page 12 1 1 A I have a letter from- or to J.D. Buescher regarding 1 Q From who? 1 2 Detroit Diesel warning labels, dated December 18, 2 A From John Feldmann. 3 1980-- I'm sorry, December 12,1984. 3 Q Okay. Is it a long letter, short letter? 4 Q And is that a long letter or short letter? 4 A Short. 5 A A very short letter. 5 Q What's the date of that letter, please? 6 Q Can you just read it to me very quickly? 6 A August 23, 1985. 7 A "To J.D. Buescher, I have approached DDAD Purchasing 7 Q If you can, just read that letter to me quickly, I'd 8 with our proposed warning label for asbestos 9 containing parts. The label was reviewed with their 8 appreciate it? 9 A "Confirming phone of 8/22, please be sure that all | 10 Hazardous Material Committee and I have been advised 10 asbestos product shipped Mack, Production and Service 11 we may start labeling DDAD product whenever we want. 11 is properly labeled with our asbestos warning 12 Will you please implement this if that is the 12 labels. 13 Division policy?" It's signed John Feldmann. 13 Gary Austin: Please take appropriate 14 Q Mr. Feldmann was an employee ofVictor at the time, 14 action for Chicago plant. 15 ofDana Victor? 15 Mack is the target of an asbestos liability 16 A Yes, he was. 16 suit, and these warning labels are a must." Signed 17 Q Whafs DDAD, I'm sorry? 17 John Feldmann. 18 A Detroit Diesel Allison Division. 18 BY MR. VALLAS: 19 Q Thank you. Okay. Is there a proposed warning label 19 Q So you were copied on this letter? 20 attached to that letter or included in that letter? 20 A Yes, I was. 21 A No, there is not. 21 Q All right. Does a copy of the warning label 22 Q All right. 22 accompany that letter that they're talking about? 23 MR. VALLAS: Let's go and mark that as the 23 A Yes, there is a copy of a warning label on here. 24 next exhibit ifwe can. 24. Q Okay. Just one? 25 (Exhibit No. 3 was marked.) 25 A Yes. Page 11 Page 13 1 BY MR. VALLAS: 2 Q Mr. Austin, do you know when it was that, the first 3 date that Dana started- Dana considered putting some 4 type of asbestos warning label in or on its asbestos 5 containing products or started the process of 6 drafting a label, something along those lines? In 7 other words, I'm not asking-- I'm trying not to ask 8 when is the first date that such a warning label 9 started accompanying the product, but when was it 10 that Dana first started thinking about the fact that 11 they may need to include one in their products? 12 MR. CELBA: Object to form. 13 THE WITNESS: I have no knowledge of that. 14 BY MR. VALLAS: 15 Q Do you have any information to the effect that it was 16 at any time prior to December of 1984, the month and 17 year of this letter that we've just marked as an 18 exhibit? 19 MR. CELBA: Object to form. 20 THE WITNESS: No, I do not. 21 BY MR. VALLAS: 22 Q Let's go ahead and talk about the next item that you 23 have. 24 A It's a letter, subject matter being Mack Truck. It's 25 addressed to Galora Bailey and Bill Oliver. 1 Q And what does it say? 2 A Well, it's very reduced, and it's in four languages. 3 It appears to say, Caution- If I may, Pm going to 4 try to read it off this other copy here where it 5 appears bigger. Caution, may contain-- I'm sorry, I j 6 can't make it out off of this copy. 7 Q Can you make out the word either cancer are 8 mesothelioma off the copies that you do have? 9 MR. CELBA: Object to form. 10 THE WITNESS: No, I really can't. 11 BY MR. VALLAS: 12 Q Okay. Can you make out any words off the copy that 13 you have? 14 A The caution at the top. 15 Q Okay. 16 A I can make out the word asbestos. 17 Q Okay. j 18 A And that's about it. 19 Q All right. I appreciate it. That--When we attach 20 that letter from Mr. Feldmann to Bailey and Oliver, 21 was that label attached with it as an exhibit, or is 22 that label contained in that letter? Tm just trying 23 to figure out if I need to mark that as a separate 24 exhibit or if we already did. 25 A It's-- The label appears to be identical to the Henjum Goucher Reporting Services 1-888-656-DEPO 4 (Pages 10 to 13)