Document ga4a18M8xjegKz0reDvn97Eb3

Hicks, et al. v. ACandS, Inc., et-al.. 6/1/01 - Paul L. LeCour Page 138 Page 140 1 back from you since they both - the first sentence 2 sayi, "Well, the,time has come that we must Stan 3 identifying all products that contain asbestos fibers." . 4 What was the reason that ihe time had come? 5 What was prompting this? 6 A. It was California. 1 think it was 7 Proposition <5, where if you want to sell any product 8 in that state, you had to identify the product if it 9 contained asbestos. 10 So there was discussion, were we willing to 1! only do it for California or were we going to do it for 12 the whole United States. And it was atoss-up because 13 of just internal processing and In doing that. 14 Well, the decision came down, we're not going 13 to have two separate inventories, and we're not going to 1$ slow down, so we'll just stan marking it for everybody. 17 So that's why I use the phrase, well, it's come the . 18 time, because it was a debate on does every customer 19 get it or only California customers. 20 Q.' How long prior to September of 1988 had there 21 .been any consideration about whether or not you were 22 going to be forced to put waming'labels or 23 notifications on your packages? 24 MR. RILEY: Object to the form of the 25 question. 1 that you used? 2 A. No. . 3 Q.' 'All right. So there's an earlier version 4 of this somewhere, an earlier warning version? 5 MR. RILEY: No, that's not what he said. 6 He means there was a stamp as opposed to the 7 printed form.1 ' 8 Q. (By Mr. Dumler) This is a printed box; 9 ' and first you had a stamp? 10 A. We stamped the warning on when we first .11 started. 12 (Plaintiffs' Exhibit LeCour 28 was marked.) 13 Q. (By Mr. Dumler) I've marked this as 28. 14 Co through there and see if you can see if any of the 15 stamps are there. 16 A. They're oot in here.-. 17 Q. They're not in there. All right. Where do' 18 those warnings fit in the warning history? They're 19 after Exhibit 27? 20 A. Let me see Exhibit 27. As far as the warnings 21 on these? .22 Q. Con-cct. 23 A. They came after. 24 MR. RILEY: So for the record, 28 came 25 after 27? Page 139 1 Q. (By Mr. Dumler) You can answer. 2 A. Only in this issue of California did that . 3 discussion come up. 4 Q. What are you referring to when you say, "Well, 5 the time has come1'?' Had there been discussions before . 6. this about whether or not one day you're going to have 7 to label your products? .8 A. No. As I said earlier, that statement was 9 referring to were you going to put it on all products 10 going to all customers or only tbose going specifically 11 to California. _ 12 - Q. It's correct, is it not, that the only reason 13 that Rayloc put a warning on its packages is because it 14 was mandated by the state orCalifomia - 15 A. Yes. 16 Q. and that absent legislation. Rayloc would 17 have not placed any warning on its products? IS A. Yes. 19 (Plaintiffs' Exhibit LeCour 27 was marked.) 20 Q. (By Mr. Dumler) All right. Let me give you 21 what's been marked as Exhibit 27. And I'll ask: Does 22 this show the warning that was placed on the product 23 in 1988? 24 A. Yes. 25 Q. All right. Is this the first type of warning Page 141 i THE WITNESS: Yes. . 2 MR. DUMLER: Thank you. 3- Q. (By Mr. Dumler) Did you have any involvement 4 in the design of the labeling or warning that appears 5 on Exhibit 27? 6 A. No, 1 did nor. 7 Q. Who was responsible Tor that? 8 A. Joe White. 9 Q. Wbat was bis position? Why was he responsible 10 for the labeling? II A. He was president and general manager of the 12 . division. 13 Q. Did you have any involvement in the labeling 14 on 28. Exhibit 2S? 15 A. No, 1 did hot. 16 (Plaintiffs' Exhibit LeCour 19 was marked.) 17 Q. (By Mr. Dumler) Let me show you what's been. 18 marked as Exhibit 29 and ask you how does this document 19 fit into the warning history, if at all? 20 A. In referring to what? 21 Q. Is this a Rayloc product? 22 A. No, it is not. 23 Q. Okay. This document was produced to me 24 yesterday. Do you know why this document is contained 25 in the documents that Genuine Parts has? . ' -'WHEELER REPORTING COMPANY/INC., 404i351-4577 36 (Pages 138 to NT) '