Document mp4495dZxQqjZ0dLgYz0X2nyJ
PLAINTIFF'S EXHIBIT
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4 5 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
6 JOHN E. CRUM and MARILYN J. CRUM, a married couple,
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No. 98-2-24915-3 SEA AFFIDAVIT OF GEORGE KIRK
Plaintiffs, 8
v. 9
THE E.J. BARTELLS COMPANY; et al., 10
Defendants. 11
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13 STATE OF CALIFORNIA
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14 COUNTY OF SAN FRANCISCO )
ss. '
15 I, GEORGE KIRK, declare:
16 1. I was employed with Kaiser Gypsum Company, Inc. (hereinafter "Kaiser
17 Gypsum") since its inception in 1952 through 1974. In 1958,1 became Director of
18 Research for Kaiser Gypsum, and held that position through 1974.
19 2. Iam informed and believe that the above-captioned lawsuit was filed
20 against Kaiser Gypsum by John Crum, who alleges exposure to asbestos-containing
21 products.
22 3. As Director of Research, I am familiar with Kaiser Gypsum's product line
23 and the components which were used to formulate each product.
24 4. Iam informed and believe that Mr. Brentwood "Brent" Crosby, a former
25 regional salesman for Kaiser Gypsum with whom I am personally acquainted, testified
26 recently in a deposition that in 1970, he asked me if any of Kaiser Gypsum's products
27 contained asbestos. I am informed and believe that Mr. Crosby said that my response
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iSxhibih I^
5. I do not recall that Mr. Crosby ever asked me in 1970 whether or not any ofKaiser Gypsum's products contained asbestos. Had he asked me that question in 1970, I would have truthfully responded that Kaiser Gypsum's accessory products contained asbestos as an ingredient.
6. Kaiser Gypsum always had an open-door policy and encouraged its employees, such as Mr. Crosby, to tour its facilities. I specifically recall Brent Crosby touring the Antioch manufacturing facility with Kaiser Gypsum customers. At the time Mr. Crosby took these tours, pallets with sacks labeled asbestos would have been visibly present and could have been seen by Mr. Crosby during'the plant tours.
7. Likewise, I recall Mr. Crosby visiting the research and development lab at Antioch where asbestos was kept in clearly labeled containers.
8. I recall that in approximately 1972, OSHA began to regulate the types of asbestos-containing products which were manufactured by Kaiser Gypsum. In response thereto, Kaiser Gypsum placed a caution label which conformed to OSHA mandates on all of its asbestos-containing products. Initially, the caution labels were printed separately and placed on each product package. Eventually, as new product packaging was ordered, the labels were printed directly on the packaging. As asbestos was removed from the products, the packaging no longer contained the caution label. Ill III III III III III III
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1 9. Brent Crosby's job title did not necessarily involve him in the management
2 decisions regarding product formulations and caution labels; therefore, he would not have
3 had personal knowledge of any company decisions regarding product formulations and
4 caution labels.
5 I declare under penalty of peijury under the laws of the State of California that the
6 foregoing is true and correct to the best of my knowledge. Signed at San Francisco, California this /4^1day
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. 1999.
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12 by George Kirk.
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.HLL HARVEY
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COMM. i 119010
NOTARY PUSl.lC-CAlJFORNIA
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SAN FRANCISCO COUNTY
(PRINT NOTARY'S NAME)
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Htf Comm Lxoires Dec. 5,2000
Notary Public in and forihe State of
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California, residing at KtfhWWjVi,
18 My commission expires: i^jSfCD
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R;\P;G\MAILVKAISER.0\CRUM\AFFn5AVJ.OK
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AFFIDAVIT OF GEORGE KIRK - 1