Document g22RKb08EnBXgE3wq5oMVkdwV

IN RE: PERSONAL INJURY AND * IN THE WRONGFUL DEATH CIRCUIT COURT ASBESTOS LITIGATION * FOR BALTIMORE CITY * * * kkkkkkkk KEITH K. GREWE, et al.. * April 1996 Group Plaintiffs * Cluster #96112702 vs. ACandS., INC., et al., * JUDGE EDWARD J. ANGELETTI * Defendants * k k k ******** INDEX Date May 20,1996 May 21,1996 Eventa Topics: Jury Voir Dire and Selection Jury Sworn Jury Instruction OPENING STATEMENTS: Page 46 126 127 PAGE By Mr. Ignatowski By Mr. Shellenberger By Ms. Hines By Mr. McGowan By Mr. Williams By Ms. Tostanoski By Mr. Doub 161 198 237 262 291 315 341 May 22,1996 WITNESS: Michael R. Ball - insulator EXAMINATION: DIRECT CROSS By Mr. Shellenberger 347 WITNESS: Dr. Edward Gabrielson EXAMINATION: DIRECT CROSS REDIRECT By Mr. Ignatowski 393 566 By Mr. McGowan 523 By Mr. Williams 538 By Ms. Tostanoski 560 DEPOSITION READ: Ronald W. Hill 582 DEPOSITION READ: Edward C. Ames 615 Plaintiffs Vandergucht - Exhibits MARKED RECEIVED 5 through 24 503 26 414 414 29-A 498 503 1 29-B 29-C Gabrielson 1 Gabrielson 2 Gabrielson 3 Gabrielson 5 Gabrielson 6 Gabrielson 7 Gabrielson 8 Gabrielson 9 Gabrielson 11 Gabrielson 12 500 415 423 427 437 440 448 449 454 461 467 503 503 Defendant's OCF EXHIBIT Vandergucht D-l MARKED RECEIVED 573 2 Plaintiffs' EXHIBITS MARKED RECEIVED 3 O-I 527 and O-I 587 645 OCF 589 647 4 591 649 593 651 5 594 652 5 653 6 601 656 9 658 7 312 658 11 660 8 60 662 608 663 9 1090 664 22 666 10 314 and 609 668 1035 669 11 324 670 68 672 2 May 23,1996 4 WITNESS: Dr. Arnold R. Brody EXAMINATION: D VD C RD RC 5 By Mr. Shellenberger 698/713 806 By Mr. Williams 710 796 815 6 By Mr. McGowan 781 812 7 WITNESS: Richard E. Cunningham EXAMINATION: D C RD RC 8 By Mr. Shellenberger 832 906 By Mr. McGowan 864 9 By Ms. Tostanoski 890 Plaintiffs' 11 EXHIBITS MARKED RECEIVED Brody 1 709 710 12 12 819 15 and 20 823 13 188 826 189 827 14 27 828 1054,1055 and OCF 353 909 15 0-141 911 O-I 30 912 16 26 914 42 916 17 44 920 O-I 43 921 18 1017 924 813 927 May 28,1996 4 WITNESS: Dr. John Edward Steers EXAMINATION: DIRECT CROSS REDIRECT RECROSS 5 By Mr. Shellenberger 935 1007 By Mr. McGowan 983 1009 6 By Ms. Tostanoski 1002 7 DEPOSITION READ: John D. McAllister 1019 3 8 DEPOSITION READ: John Henry Thomas, II 1055 9 WITNESS: Joseph F. Farrell EXAMINATION: DIRECT CROSS 10 By Mr. Shellenberger 1150 By Mr. McGowan 1162 11 By Mr. Bums 1169 12 DEPOSITION READ: John S.M. Waters, Sr. 1174 13 Plaintiffs Vandergucht EXHIBIT MARKED RECEIVED 14 VA 34 942 15 Plaintiffs' EXHIBITS MARKED RECEIVED 16 01-26 1042 01-476 1044 17 01-1065 1047 01-1085 1049 18 OCF319 1201 OCF 659 1203 19 OCF 52 1204 OCF 57 1205 20 OCF 58 1207 OCF 341 1211 21 May 29,1996 4 VIDEOTAPED DEPOSITION PLAYED: Keith Kenneth Grewe, Sr. 1222 DEPOSITION READ: Keith Kenneth Grewe, Sr. 1258 WITNESS: Dr. Jerome Paige 7 EXAMINATION: DIRECT CROSS REDIRECT RECROSS By Mr. Smith 1279 1325 8 By Mr. Williams 1319 9 WITNESS: Charles L. Carter EXAMINATION: DIRECT CROSS REDIRECT RECROSS 10 By Ms. Hines 1327 1368 By Mr. Williams 1357 1369 WITNESS: Elgia Butler 12 EXAMINATION: DIRECT CROSS REDIRECT RECROSS By Ms. Hines 1392 1422 13 By Mr. Williams 1411 1425 14 WITNESS: Nollie P. Wood, Jr. EXAMINATION: DIRECT CROSS REDIRECT RECROSS 15 By Ms. Hines 1427 Defendant's Owens-Illinois 17 EXHIBIT McAllister 1 MARKED RECEIVED 1390 May 30,1996 4 WITNESS: Nollie P. Wood, Jr. EXAMINATION: DIRECT CROSS REDIRECT RECROSS 5 By Ms. Hines 1479 6 WITNESS: Rosanna Goldman Wood EXAMINATION: DIRECT CROSS REDIRECT RECROSS 7 By Ms. Hines 1480 By Mr. Williams 1505 8 WITNESS: Joseph Grossblat 9 EXAMINATION: DIRECT CROSS REDIRECT RECROSS By Mr. Smith 1511 1552 10 By Mr. Williams 1537 11 WITNESS: Nancy Lou Grewe EXAMINATION: DIRECT CROSS 12 By Mr. Smith 1609 By Mr. Williams 1637 13 WITNESS: Gulla Vandergucht 14 EXAMINATION: DIRECT CROSS By Mr. Shellenberger 1640 15 By Ms. Tostanoski 1675 16 Plaintiffs' EXHIBITS MARKED RECEIVED 17 NSC-24 1554 IHF-20, 21, 24, 25, 27, 28, 18 33,34,37,41,45,46,48, 49,50,51,72, 87, 98, 99, 19 100,107,108,117 and 186 1564 Ford 1 1568 20 Ford 95 1572 Ford 97 1573 21 Ford 100 and Ford 47 1576 2 Plaintiffs' EXHIBITS 3 FMSI 65 Dartez 30 4 Dartez 32 Ford 83 5 Ford 82 OCF 1286 6 OCF 137 OI-OCF 330 MARKED RECEIVED 1585 1594 1595 1597 1603 1682 1683 1684 5 7 8 Plaintiffs Vandergucht EXHIBITS MARKED RECEIVED 9 VA-32 1656 VA-29 1670 10 VA-35 1674 June 3,1996 DEPOSITION READ: Milton Samuel Greenwood 1977 5 WITNESS: Dr. Samuel P. Hammar EXAMINATION: DIRECT CROSS REDIRECT RECROSS 6 Mr. Ignatowski 1695 1832 Mr. Williams 1810 7 Mr. McGowan Ms. Tostanoski 8 Mr. Doub WITNESS: Dr. Marshall A. Levine 10 EXAMINATION: DIRECT CROSS REDIRECT RECROSS Ms. Hines 1849 1905 11 Mr. Williams 1892 12 WITNESS: Joseph Urps 13 EXAMINATION: DIRECT CROSS REDIRECT RECROSS Mr. Shellenberger 1918 1970 14 Mr. McGowan 1929 1973 Ms. Tostanoski 1945 15 Mr. Doub 1961 17 Plaintiffs Grewe EXHIBITS 18 23-H 24-A 19 24-B 24-C MARKED 1716 1846 1846 1846 RECEIVED June 4,1996 4 WITNESS: Dr. John McCray Dement EXAMINATION: DIRECT VD CROSS REDIRECT RECROSS 5 By Mr. Ignatowski 1991/2017 2280 By Mr. McGowan 2013 2154 2285 6 By Mr. Williams 2016 2212 By Ms. Tostanoski 2248 7 8 DEPOSITION READ: James Howard Neary 2290, 2360 9 6 Plaintiffs' 10 EXHIBITS Dement 1 11 Ford 69 Ford 78 12 0-336 OCF-1300 13 OCF-749 OCF-90 14 OCF-125 OCF-361 15 OCF-495 OCF-1292 16 OCF-766 OCF-1253 17 OCF-133 OCF-1254 18 OCF-499 OCF-139 19 OCF-507 OCF-152 MARKED RECEIVED 2011 2012 2141 2148 2307 2310 2312 2312 2314 2316 2318 2319 2320 2322 2324 2327 2328 2330 2331 2334 1,1996 4 WITNESS: Dr. Douglas Fowler EXAMINATION: DIRECT CROSS REDIRECT 5 By Mr. Hoffman 2345 2417 By Mr. Williams 2399 0 WITNESS: Dr. Lewis J. Rubin 7 EXAMINATION: DIRECT CROSS REDIRECT By Mr. Ignatowski 2444 2583 8 By Mr. McGowan 2533 2584 By Mr. Williams 2575 10 Plaintiffs Wood EXHIBIT MARKED RECEIVED 11 20 2348 2349 12 Plaintiffs Vandergucht EXHIBITS MARKED RECEIVED 13 VA 29-D and VA 29-E 2476 14 Plaintiffs Grewe EXHIBITS MARKED RECEIVED 15 24-D 2493 2533 24-E and 24-F 2498 16 Plaintiffs' 17 EXHIBITS MARKED RECEIVED Ford 100 2423 18 OCF-402 Ford 7 19 Ford 10 386 20 Ford 12 Ford 185 21 Ford 18 2 Plaintiffs' EXHIBITS 3 Rubin 1 Rubin 2 2424 2425 2425 2428 2429 2431 2432 MARKED 2447 2462 June 6,1996 4 WITNESS: Dr. James R. Millette EXAMINATION: DIRECT VD CROSS REDIRECT RECROSS 5 By Mr. Smith 2595/2618 2721 By Mr. Williams 2614 2669 2724 6 WITNESS: Dr. Russell R. DeLucca 7 EXAMINATION: DIRECT CROSS By Mr. Shellenberger 2732 8 By Mr. Williams 2740 9 TRIAL TESTIMONY READ: Dr. Thomas F. Mancuso 2760 10 DEPOSITION READ: Arnold Anderson 2769 12 Plaintiffs' EXHIBITS MARKED RECEIVED 13 Ford 27 2629 2629 Millette 1 through 16 2659 14 Millette 17 2666 Millette 18 2725 15 Ford 197 and Ford 198 2725 Miscellaneous 1 2753 16 Wood 01 through 07, 09, 10, Wood 13 through 15 and 17 Wood Miscellaneous 03 2757 Ford 188 - 193 2780 19 Plaintiffs Grewe EXHIBITS MARKED RECEIVED 20 1 through 13 2730 2730 15 2743 21 17 2743 June 11,1996 8 4 WITNESS: Arnold Anderson EXAMINATION: DIRECT CROSS REDIRECT 5 By Mr. Williams 2848 3023 By Mr. Smith 2942 6 By Ms. Hines 2997 7 DEPOSITION READ: Robert Si 3029 Plaintiffs Wood Miscellaneous 9 EXHIBIT MARKED : 13 3006 10 14 and 15 3014 16 3017 11 Defendant's OCF 12 EXHIBITS MARKED OCF-29 2820 13 OCF-84 2826 OCF-116 2828 14 OCF-118 2830 OCF-121 2831 15 OCF-164 2831 OCF-226 2836 16 OCF-229 2838 OCF-230 2840 17 OCF-231 2841 OCF-233 2841 18 OCF-235 2842 OCF-252 2842 19 OCF-270 2844 OCF-285 2846 2 Defendant's Ford EXHIBIT MARKED 3 61 2855 2872 8, 13 and 34 2937 June 12,1996 4 DEPOSITION READ: Robert Silwick 3057 5 WITNESS: Dr. Francis W. Weir EXAMINATION: DIRECT CROSS REDIRECT RECROSS 6 By Mr. Williams 3063 3250 By Mr. Shellenberger 3156 7 By Mr. Hoffman 3214 8 WITNESS: Jerry Lee Helser EXAMINATION: DIRECT CROSS REDIRECT RECROSS 9 By Mr. McGowan 3264 3338 By Mr. Shellenberger 3305 11 Plaintiffs Wood Miscellaneous EXHIBIT MARKED RECEIVED 12 18 3231 13 Defendant's Ford EXHIBITS MARKED RECEIVED 14 52.1 3342 64 3090 15 Defendant's OCF 16 EXHIBITS MARKED RECEIVED OCF-433.1, OCF-433.2, 17 OCF-433.3 and OCF-433.4 3285 OCF 432-A, OCF 432-B and 18 OCF 432-C 3288 OCF 433.5 and OCF 433.6 3288 19 OCF 435-C 3291 OCF 435-D 3289 20 OCF 425 and OCF 426 3293 OCF 429 and OCF 430 3295 June 13,1996 4 WITNESS: Dr. Gerald R. Kerby EXAMINATION: DIRECT VD CROSS REDIRECT 5 By Mr. McGowan 3352/3365 3442 By Mr. Ignatowski 3361 3402 6 WITNESS: Dr. Otto Wong 7 EXAMINATION: DIRECT VD CROSS REDIRECT By Mr. Williams 3450/3472 3617 8 By Mr. Hoffman 3469 3559 By Mr. Smith 3518 10 Defendant's Ford EXHIBIT MARKED RECEIVED 11 65 3468 June 17,1996 5 WITNESS: Dr. Gary Hill EXAMINATION: DIRECT VD CROSS REDIRECT RECROSS 6 By Mr. Hoffman 3632/3647 3736 By Mr. Williams 3646 3698 3740 7 8 Plaintiffs Wood EXHIBIT MARKED RECEIVED 9 18 3632 3632 10 Plaintiffs'Ford EXHIBITS MARKED RECEIVED 11 199 3717 3,20,27, 30, 32 and 33, 12 55,57,60,61,64,68,73, 81,82, 94, 96, 98,106,108, 13 110 through 112, 151, 163,169, 180 and 195 3771 14 Plaintiffs' General/Dartez 15 EXHIBITS MARKED RECEIVED 1,3,7, 8, 14,17,19, 16 33,39,54,73,99,111, 119 through 122, 128, 130, 17 143,144,156, 157, 159, 162 and 163 3770 18 Plaintiffs' IHF 19 EXHIBITS MARKED RECEIVED 6 through 9, 52 and 58 3772 June 18,1996 4 Jury Instructions 3825 5 CLOSING ARGUMENTS: PAGE By Ms. Hines 3875 6 By Mr. Ignatowski 3913 By Mr. Williams 7/ 3954 REBUTTAL ARGUMENTS: PAGE 8 By Ms. Hines 4015 By Mr. Ignatowski 4019 9 10 Plaintiffs Wood Miscellaneous 11 EXHIBIT 18 MARKED RECEIVED 3954 June 19,1996 Jury Verdict Opening remarks re: Ford knowledge: Schellenberger: 17 Do you remember I told you earlier that Ford 18 Motor Company -- that Owens-Illinois, excuse me, was a 19 member of the Industrial Hygiene Foundation? Guess 20 who else was a member? Guess who else was a member? 21 '48 Ford receives an issue of the National 1 Safety News containing an article entitled, 2 Recognition and Control of Fume and Dust Exposure. 3 They had sections on asbestos, and it 4 stated, asbestos used in the formulation of brake 5 lining is a potentially harmful compound. 6 When you are a member of an organization, we 7 all know, you get the publications. They got them. 8 They got them. 1948. We are nine years before Mr. 9 Grewe walks into Foreign Motors. 10 1949 to 1974 they remained a member of the 11 Industrial Hygiene Foundation and early on they would 12 receive an editorial that says asbestos and cancer of 13 the lung. They get those articles early on. 14 In the 1970s, Ford had an industrial 15 hygienist working for them. They are a big company. 16 An industrial hygienist is somebody who is supposed to 17 make sure that the workplace is safe, right? 18 What does Ford's industrial hygienist do? 19 Recommends not blowing asbestos dust with compressed 20 air hose at its brake research center to reduce 21 exposure. 1 Their own people are recommending that. Do 2 you know what is going on in 1970? Mr. Grewe is 3 getting exposed. Mr. Grewe is breathing that dust. 4 March of 70 industrial hygiene supervisor 5 described the dust containing 25 percent asbestos as 6 toxic. 7 Mr. Grewe is getting exposed. 8 1971 industrial hygiene recommends that 9 compressed air not be used. Mr. Grewe is getting 10 exposed. 11 Do they tell him? Do you know when Ford 12 first puts a warning on their box? 1980, ladies and 13 gentlemen, 1980. 14 Look at all of this time that Mr. Grewe is 15 breathing that dust. The medical evidence will show 16 each and every occupational exposure. Each and every 17 occupational exposure is a substantial contributing 18 factor. . 19 1975, Ford receives NIOSH letters stating 20 that scientific literature has reported four 21 mesotheliomas in brake service mechanics. 1 All these studies, ladies and gentlemen. 2 Mr. Grewe gets exposed. 3 This case is about knowledge. That is what 4 it comes down to. First, with respect to Mr. Wood, it is 18 undisputed that Ford Motor Company manufactured 19 trucks, that Ford knew that those trucks that it 20 manufactured, that Mr. Wood worked around, contained 21 asbestos brakes, both at the time that it left the 1 factory originally and also during any replacement by 2 Ford Motor Company of any brakes. 3 Ford also knew that any replacement brakes 4 would contain asbestos, and that is so throughout the 5 1920s, the 1930s, the 1940s, the 1950s, the 1960s, 6 any replacement brakes whether they were Ford or any 7 other brakes contained asbestos. 8 Ford also knew from their -- Ford also had 9 what is called an instruction book -- and this is 10 blown up and it is in evidence for you -- that was 11 with the Model A cars and trucks. 12 And this case is only applicable to the 13 model trucks because that is the truck Mr. Wood worked 14 around, and this is a 1931 instruction booklet. 15 And in that booklet, we know that Ford Motor 16 Company recommended that when repairs or replacements 17 were necessary, it was important that you get, and 18 they recommended that you get, genuine Ford parts to 19 replace them, and that would include the Ford asbestos 20 parts that would go in this truck. 21 There were also -- if I can get Mr. 1 Hoffman's help with the overhead -- there was also 2 another instruction book that is in evidence, and that 3 is from a 1928 Model A instruction book, and within 4 that it also virtually says the same thing, that Ford 5 recommended that with respect to the Model A trucks 6 and cars that you use Ford replacement parts. 7 In the foreword of that instruction book, it 8 basically says the same thing, that Ford recommended 9 that when repairs are necessary, that you use genuine 10 Ford replacement parts. 11 The evidence also showed us not only did 12 Ford use and have instruction books, but they also had 13 what was called technical service manuals. 14 And those technical service manuals are put 15 out basically monthly, I believe Mr. Anderson told us, 16 and within that monthly service manual, Ford also 17 recommended that grinding be done, all linings should 18 be ground after assembling to show ~ so as to secure 19 a uniform braking surface. 20 We know grinding was expected to be done 21 because they had a special grinder for Ford shoes. 1 This is the exhibit Mr. Anderson identified 13 2 when I talked to him about it on cross-examination, 3 but in addition to the Ford owner's manual, the Ford 4 technical service manual, Ford also had what is called 5 a service manual, and we have that for 1946 cars and 6 trucks. 7 Within that, there is a section pertaining 8 to servicing brakes which basically deals with 9 removal, removing the wheel and drum assembly. 10 And there is a note. When removing rear 11 brake shoes, it will be necessary to remove the 12 retainers and washers with hold and hand brake linkage 13 and remove the linkage, nothing further or any 14 warnings of any type. 15 Ford Motor Company knew that on the 16 installation of brakes as well as when removal of 17 brakes, that they would create dust and as a result of 18 that they had a duty to warn about the dangers of 19 asbestos. 20 What I would like to do is also on the 21 overhead and also as a board in case it is easier to 1 read on the board, is what the Judge has given you in 2 his instruction verbatim, should be verbatim to what 3 he has given you with respect to the duty of a 4 manufacturer to warn. 5 What this basically says is if despite 6 exercising reasonable care in the design, 7 manufacturing, testing, and inspection of the product, 8 and in this case the asbestos-containing truck, the 9 product still cannot be made safe for its reasonably 10 foreseeable use, and the manufacturer knows or through 11 the use of reasonable care should know that the 12 dangerous condition is not obvious to the user of the 13 product, is not obvious to Mr. Grewe or to Mr. Wood, 14 the user of the product, then that manufacturer Ford 15 Motor Company has a duty to give an adequate warning 16 of the danger. And a failure to fulfill that duty is 17 what the law calls negligence. 18 And we know that in the technical bulletin 19 by Ford that I showed Mr. Anderson that they did have 20 some warnings in there. 21 These are the warnings that they had in the 1 technical bulletin. 2 I have highlighted it. Before washing the 3 car, pull the hand brake lever all the way back. This 4 prevents water getting between the brake lining and 5 drum. 6 The second warning was when greasing the 7 chassis, do not overlook the lubricator fitting on 8 both rear brake camshafts. It is located at the rear 9 of the brake camshaft bracket just above the radius 10 rod. 11 That is what they thought a warning should 12 be. There was nothing within the technical service 13 manual or the owner's manual of any warning as to 14 asbestos brakes. 15 The Ford trucks at the post office where Mr. 16 Wood worked were all asbestos-containing products. 17 Just like if you have a loaf of bread and it 18 is made with yeast, that is a yeast product. 19 It has ingredients in it that make up that 20 particular product, and at all times when Ford first 21 manufactured their trucks and during the entire life 1 of the truck, all the brakes contained asbestos, 2 whether they were Ford or any replacement brakes 3 therein, and Ford should have -- excuse me, they all 4 contained asbestos, and they all should have been used 5 on the truck. 6 Basically, Ford had the duty as the 7 manufacturer to warn individuals such as Mr. Wood and 8 Mr. Grewe of the hazards of asbestos. 9 Indeed Ford recommended, as you have seen on 10 the overhead, that grinding be done.