Document gEg9JvDy4JkR85MeVLGeRpmzq

FILE NAME: Westinghouse (WH) DATE: 2007 Oct 30 DOC#: WH511 DOCUMENT DESCRIPTION: Legal - Excerpts from Douglas Ware 0001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0002 1 2 3 4 5 Ware, Doug 10-30-07 MDL CAUSE NO. 2006-12130 LOIS STROMBERG, IN THE DISTRICT COURT OF Individually and as Personal Representative of HARRIS COUNTY, TEXAS the Hei rs and Estate of RAYMOND STROMBERG, llTH JUDICIAL DISTRICT Plaintiff, vs. AMETEK, INC., et al., Defendants. Transferred from: LOIS STROMBERG, IN THE DISTRICT COURT OF Individually and as Personal Representative of GALVESTON COUNTY, TEXAS the Hei rs and Estate of RAYMOND STROMBERG, ' Plaintiff, 122ND j u d i c i a l d i s t r i c t DEPOSITION TRANSCRIPT OF: vs. AMETEK,. INC. , et al . , . Defendants. DOUGLAS WARE VIDEOTAPE DEPOSITION DATE October 30, 2007 Tuesday, 10:08 a.m. PARTY TAKING DEPOSITION: Pi ai nti ff COUNSEL OF RECORD FOR THIS PARTY: ' Troy D. Chandler, Esq. WILLIAMS KHERKHER 8441 Gulf Freeway Suite 600 Houston, TX 77017-5051 REPORTED BY: Catherine C. Leverty VIDEOTAPE DEPOSITION OF DOUGLAS WARE, a witness, called by the Plaintiff for examination, in accordance with the Texas Rules of civil Procedure, taken by and before Catherine C. Leverty, a court Reporter arid Notary Public in and for the commonwealth of Pennsylvania, at the offices of Eckert Seamans cherin & Mellott, 44th Floor, US Steel Tower, Pittsburgh, Pennsylvania, on Tuesday, October 30, 2007, commencing at 10:08 a.m. 6 APPEARANCES: 7 FOR THE PLAINTIFF: 8 Troy D. Chandler, Esq. WILLIAMS KHERKHER 9 8441 Gulf Freeway . Suite 600 10 Houston, TX 77017-5051 713-230-2200 11 12 13 FOR THE DEFENDANT CBS WESTINGHOUSE: Michael Hendryx, Esq. Page 1 CASTLEMAN 0001 1 of 4 Ware, Doug 10-30-07 14 STRONG PIPKIN BISSELL & LEDYARD, LLP 1301 McKinney, suite 2100 15 Houston, TX 77010 713-651-1900 ' 17 18 19 20 21 22 23 24 25 0003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 William. D. Harvard, Esq. EVERT WEATHERSBY HOUFF P.O, BOX 1787 Athens, GA 30603 706-389-7307 FOR THE DEFENDANT INTERNATIONAL Donald A. Powell, Esq. HANNA CAMPBELL & POWELL, LLP P.O. BOX 5521 3737 Embassy Parkway Akron, OH 44334 330-670-7328 PAPER: APPEARANCES: (Continued)' FOR THE DEFENDANT COOPER CAMERON: Dames Hall, Esq. MCGINNIS LOCHRIDGE & KILGORE, LLP 1221 McKinney Street One Houston Center, suite 3200 Houston, TX 77010 713-615-8500 . FOR THE DEFENDANT THAN: Natalie M. Kreter, Esq. DAVIES MCFARLAND & CARROLL, PC one Gateway Center, 10th Floor Pittsburgh, PA 15222 412-338-4723 FOR THE DEFENDANT GUARD Matthew P. Lachaussee, Esq. DOGAN & WILKINSON, PLLC 734 Delmas Avenue P.O. Box 1618 Pascagoula, MS 39568-1618 228-762-2272 LINE: FOR THE DEFENDANT ASTEN JOHNSON, DNC: Todd D. ogden, Esq. FORMAN PERRY WATKINS KRUTZ & ^.A n n v TARDY, LLP 2001 Bryan street Suite 1300 Dallas, TX 75201-3008 214-678-5546 ' FOR THE DEFENDANT FOSTER WHEELER Dennis F. Wolford,.Esq. REED LUCE TOSH WOLFORD & DOUGLASS 804 Turnpike Street Beaver, PA 15009 724-774-9220 CORP.: Page 2 ` CASTLEM A N _ 00 01 2 of 4 Ware, Doug 10-30-07 20 generator without properly ventilating and 2221 Q. checking that there's air safety. 5o -- anc| westinghouse put warnings about not 2234 entering spaces without checking the air on their generators in the 1950s; true? 025151 MR. HENDRYX: Object to the form of 12 A. the question. , ,, On the hydrogen-cooled generators, correct. 43 Q. A. And how was that warning on the generator.'' It was on a plate that was on the -- the access 65 Q. plate. Was it a sticker? 78 A. No it was actually a metal plate that was bolted to the access door. 109 Q- A. Couldn't be taken off by anybody; right? It could be unscrewed. , 1121 Q. Right, but I mean the warning wouldn t wear off, -- 1134 AQ.. --"^"it was actually forged in the metal? 1156 AQ.. It was stamped in the metal. , That's not anything that took any kind ot 1178 . technical superiority, is it, the warning stamped into the metal? , x -p 1290 MR. HENDRYX: the question. object to the form of .. . 2221 AQ.. It's like a nameplate you put on something. Riqht. It didn't require any kind of special 2234 technical knowledge, is my point, other than knowing that CO 2 could kill you; right. 205152 MR. HENDRYX: object to the form of 12 A. the question. 43 Q. What did you ever see on a turbine that would have warned workers about the asbestos they 65 miqht have been removing on, say, a blanket. y MR. HENDRYX: object to the form of 78 A. the question. I don't recall seeing any. 109 Q- And were t h e r e any a f t e r m a r k e t e f r o r t s by Westinghouse to recall asbestos-containing 1121 b l a n k e t s off t h e i r t u r b i n e s ? MR.' HENDRYX: object to the form of 1134 A the question. Not to my knowledge. . 1156 Q A Do you know what a product recall is.-' Yes, I do. . 1178 QA What's That's a product recall? when a manufacturer sends out -- tries to 1290 identify all the products they sgld, they want to recall a product and replace it. 2221 Q Has Westinghouse ever undertook a product reca'* with respect to products you, personally, worked 2234 V'r't*1' MR. HENDRYX: object to the form of 205153 the question. 1 A. When you say recall, we've identified issues with turbine problems that customers sent 243 bulletins out saying, hey, go out and aspect the turbine for this, just like you would with a Page 64 CASTLEM AN_0001 3 of 4 Ware, Doug 10-30-07 5 car, you know, you get the ;- we can't recall a 1-urhinp it's on a customer s site. 67 Q- Riaht but you do recall customer notification nnfnn'out with respect to technical problems 8 9 Westinghouse became aware of with respect to its 10 turbines; r i g h t ? ^ ^ Qbject tQ the form of 11 12 th.e q u e s t i o n . 111354 AQ. A. What's an example of something like.that? Your backup oil pump, you can lose oil to in 1167 lubrication, you can burn your bearings, you miaht want to check your backup operating 1189 w s t e m These are like memorandums earning customersthat - of things that could happen. 20 Q m ^ t h a t you know, basically, the starting the siisib-cns 1 222123 A. 2245 that 01154 some problems developed. farr 23 Q. n k a v A n d in fact, W e s t i n g h o u s e did, in tact, 45 67 doing such warnings; right. f MR. HENDRYX: object to the rorm ot 1809 A. the question. ' 1121 Q- And1no sucifwarning was ever made that you're aware of with respect to asbestos on 1134 Westinghouse turbines; true. ^ MR. HENDRYX: Objett to the rorm ot 1156 . the question. , ,, A. No such warning to the customer. ' 1178 Q. A. That's right. 1290 Q. I S S ' v e S e ? S e n any effort, whatsoever, by Westinghouse io recall the asbestos-containing 2212 blankets, for example, from their turbines, 2234 trUe MR. HENDRYX: the question. object to the form of 025155 A. That's correct. s m s that 12 Q. sent 43 65 ,,Ko purchased their^turbi V p ^ e T o r m ' uf 7 the question. 1809 AQ' ever S ^ S S t ~ w a TM i S "regarding^ SSnjjcl 1112 islue with one of the turBines going out to a 1134 A d S T S course with field ^ S S e t S 1 15 ^ield^nginlSs?9^ 3 "off ice , they'd come to the page 65 CASTLEMAN_0001 4 of 4