Document n963qXpLqRdM3Kq6M7Nm8y3bw

FILE NAME TILO TIL DATE 2017 Jan 11 DOC TIL030 DOCUMENT DESCRIPTION Legal - Deposition of Reynolds Aluminum Linda Maillet Linda Maillet Volume I January 11 2017 123 123 123 4 597 597 597 860 860 860 860 123 123 13 14 15 67892 67892 67892 67892 67892 21 222 222 24 STATE OF CONNECTICUT CV13-6039034 oe nes eeowereneensesencaenn JAMES STEMPERT EXECUTOR OF THE ESTATE OF CHARLES STEMPERT Plaintiff VS. SUPERIOR COURT J.D. OF FAIRFIELD SUPPLY CORP AL Defendants AT BRIDGEPORT er ADDITIONAL CAPTION ON FOLLOWING PAGE Page 1 1 2 3 4 5 6 7 8 9 10 11 DEPOSITION OF REYNOLDS ALUMINUM DEVELOPMENT CO by and through its designee LINDA M. MAILLET 12 Baker O'Kane Atkins & Thompson 13 2607 Kingston Pike - Suite 200 14 Knoxville Tennessee 37919 Wednesday January 11 2017 15 16 17 18 Deborah West LCR TN CLR 19 EPPLEY COURT REPORTING LLC Post Office Box 382 20 Hopedale Massachusetts 01747 21 508 478-9795 508 478-0595 Fax www.eppleycourtreporting.com 222 222 APPEARANCES CONTINUED Representing Honeywell Inc. and Reynolds Aluminum Development Company ALDER POLLOCK & SHEEHAN P.C. One Citizens Plaza - 8th Floor Providence Rhode Island 02903 BY JAMES R. OSWALD ESQUIRE 401 274-7200 joswald@apslaw.com TELEPHONIC APPEARANCES Representing E.I. du Pont de Nemours and Company and Sporting Goods Properties Inc MURTHA CULLINA LLP One Century Tower 265 Church Street New Haven Connecticut 06510 BY TERRENCE J. BRUNAU ESQUIRE tbrunau@murthalaw.com Representing General Electric Company HAL ORAN HALLORAN SAGE LLP Westport Connecticut 06880 BY Dan E. LaBelle Esquire 203 222-4303 labelle@halloransage.com Representing Ingersoll Rand and Trand U.S. Inc. fka American Standard ADLER COHEN HARVEY WAKEMAN GUEKUEZIAN LLP Boston Massachusetts 02110 BY E. AMY LaBRECQUE ESQUIRE 617 423-6674 aLaBrecque@adlercohen.com Page 3 123 STATE OF CONNECTICUT 123 15-6053194 123 Page 2 12 12 4 JAMES STEMPERT EXECUTOR OF THE ESTATE OF CHARLES 5 STEMPERT 6 Plaintiff 7 VS. SUPERIOR COURT J.D. OF FAIRFIELD 868 HENKEL CORP ET AL AT BRIDGEPORT 868 Defendants 10 11 12 13 APPEARANCES Representing Plaintiff Representing the Plaintiff 14 EARLY LUCARELLI SWEENEY & MEISENKOTHERN LLC One Century Tower - 1th 11th Floor 265 Church Street New Haven Connecticut 06508 16 BY BRIAN KENNEY ESQUIRE 203 777-7799 17 18 Representing Reynolds Aluminum Development Company 19 HAWKINS PARNELL THACKSTON & YOUNG 345 California Street - Suite 2850 20 San Francisco California 94104 BY BILL D. FOUNTAIN ESQUIRE 21 415 766-3202 bfountain@hptylaw.com 22 23 24 3 4 5 6 7 8 9 01234 01234 01234 01234 01234 15 16 17 18 19 20 21 22 222 24 Page 4 TELEPHONIC APPEARANCES CONTINUED Representing Henkel Corporation LEWIS BRISBOIS BRISBOIS LEWIS 100 LEWIS BRISBOIS Pearl Street - SuSiutiete 1441 Hartford Connecticut 06103 BY CHRISTOPHER E.H. SANETTI ESQUIRE 860 471-8617 christopher.sanetti@lewisbrisbois.com christopher.sanetti@lewisbrisbois.com Representing Wyeth HINCKLEY ALLEN 20 Church Street Hartford Connecticut 06103 BY AMY E. MARKIM ESQUIRE 860 331-2636 amarkamrkim@hinckileyalen.com m@hinamcarkkim@lhineckleyyalalenl.comlen.com ALSO PRESENT Tom West Video Specialist West Court Reporting & Video 1-865-216-9265 EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet 1 INDEX . 2 WITNESS Linda Maillet . PAGE 34 Examination by Mr. Kenney 11 34 5 EXHIBITS 6 Exhibit Number 1 7 NoNtotiicce e of ViViddeotapeed otaped Deposition Deposition 28 8 Exhibit Number 2 Bates RMC45000200006996-7031 37 9. Exhibit Number 3 10 Newspaper article from The Lowell Sun May 29 1945 41 11 Exhibit Number 4 12 Bates TiloRoofing 52 Exhibit 13 Exhibit Number 5 Aluminum Company's Defendant Reynolds Aluminum Development 14 Answers and Objections to Plaintiffs Interrogatories 56 15 Exhibit Number 6 16 Deposition of Flanders R. Dobson 58 . 17 Exhibit Number 7 Bates RMC45000200007730-7731 63 18 Exhibit Number 8 19 Bates RMC45000200007271-7274 65 . 20 Exhibit Number 9 Yearly asbestos fiber summaries from 2222 Manville 72 22 Exhibit Number 10 Bates TiloRoofing 74 2222 24 1 EXHIBITS CONTINUED 2 PAGE Exhibit Number 11 Report Department 49th 3 of the State of Health 4 Health Exhibit Number 12 5 Connecticut Health Bulletin December 1936 6 Exhibit Number 13 7 Science in Review 85 90 . 8 Exhibit Number 14 Newspaper article from The Bridgeport 9 Post Tuesday October 6 1964 92 10 Exhibit Number 15 Newspaper article from the Bridgeport 11 Sunday Post March 13 1966 96 12 Exhibit Number 16 Bates TiloRoofing 101 13 Ci; Exhibit Number 17 14 Article from A Reporter at Large reprinted from The New Yorker 15 Bates TI53911115-126 102 16 Exhibit Number 18 Bates RMC4500020000931 111 17 . Exhibit Number 19 18 State Department Programs Connecticut Connecticut 19 Environmental Protection 4/21/75 112 20 Exhibit Number 20 Potential Hazardous Waste Site 21 Preliminary Assessment 116 22 Exhibit Number 21 Letter dated June 9 1981 23 Re EPA Superfund Notifications for Reynolds Aluminum Bldg Products Co. 119 24 Volume I Page 5 123 EXHIBITS CONTINUED 123 PAGE 123 Exhibit Number 22 Bates RMC45000200001945-1946 121 4 Exhibit Number 23 3 Bates RMC45000200001943-1944 123 : 6 Exhibit Number article Newspaper article fromfrom TheThe BrBiriddggeeppoortrt 7 Post Wednesday July 3 1957 130 Exhibit 8 Newspaper from The Bridgeport 9 Post Tuesday March 18 1965 132 10 Exhibit Number 26 Newspaper article from The Bridgeport 11 Post Thursday March 17 1966 133 12 Exhibit Number 27 Newspaper article from The Bridgeport 13 Post Friday March 18 1966 133 . 14 Exhibit Number 28 Newspaper article from The Bridgeport 15 Post Monday March 21 1966 136 . 16 Exhibit Number 29 Photograph 141 17 . Exhibit Number 29 18 Photograph 141 . 19 Exhibit Number 30 Bates TiloRoofing 146 22222 Exhibit Number 31 22222 Bates 000166-167 151 22222 Exhibit Number 32 Bates RMC45000200006767-6791 156 22222 22222 Page 6 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 789 789 789 22222 22222 22222 22222 22222 EXHIBITS Exhibit CONTINUED PAGE Exhibit Article Number The Bridgeport SundaySunday Post September 13 1964 163 : Exhibit Number 34 Article from The Bridgeport Post Monday January 30 1967 166 : Exhibit Number 35 Photograph 168 Exhibit Exhibit Number 36 Minutes of the First Annual Meeting of the Health & Safety Council November 21 1969 170 Exhibit Exhibit Number 37 Article from The Bridgeport Post Thursday July 16 1970 176 . Exhibit OMITTED Exhibit Number 38 - Exhibit Number 39 Bates RMC45000200001981-1984 98 : Exhibit Number 40 Application for Permit for Public Refuse Disposal Area dated 2/25/75 137 Original exhibits returned to Attorney Kenney with copies distributed to counsel January 11 2017 Page 7 Page 8 EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 23 3 +5 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 10:10 A.M. THE VIDEO SPECIALIST Stand by are now on the record This is the videotaped deposition of Linda Maillet in the matter of James Stempert executor of the estate of Charles Stempert versus ADC Supply Corp. et al That is number ASB 13-6039043 And also James Stempert executor of the estate of Charles Stempert versus Henkel Corporation That is number FBT 15-6053194 These cases are in the Superior Court JD of Fairfield at Bridgeport This deposition is taking place in Knoxville Tennessee on January 11 2017. The time on the video monitor is now 10:10 My name is Tom West I am the videographer with Eppley Court Reporting Services The court reporter today is Debbie West and she will now swear in the witness Page 9 1 We 2 3 4 5 6 7 8 9 10 11 12 13 EXAMINATION BY MR KENNEY Page 11 . Q Good morning Ms. Maillet My name is Brian Kenney I represent the plaintiff in this case I am from the law firm of Early Lucarelli Sweeney & Meisenkothen in New Haven Connecticut Let's begin with some basic and preliminary matters Can you state your full name for the record please A Linda Marie Maillet Q And where do you live A I live on 219 Erick Lane in Loudon Tennessee 14 Q That is probably the reason why we 15 are here in Tennessee today correct 16 A I believe so 17 Q Okay Have you ever been deposed 18 before 19 A have 20 Q how many occasions 21 A Two 22 Q In those two occasions -- well let 23 me ask you this Did any of those depositions have 24 _ anything to do with asbestos Page 10 | Page 12 LINDA M. MAILLET called as a witness and having been first duly sworn was examined and testified as follows MR OSWALD Brian right before we get going just to put it on the record which is what we usually do do we have your agreement that we will have the usual Connecticut stipulations for this 1 A One did yes 2 Q Okay And approximately when was 3 that taken 4 A I believe a year and a half or so 5 ago 6 Q Okay Do you recall the product or 7 _ the type of exposure that was at issue in that 8 case deposition MR KENNEY Correct This is proceeding pursuant to the usual stips All objections except as to form are reserved for the time of trial And we all agree that the deposition has been properly noticed and the court reporter is duly qualified Will the deponent be reading and signing MR OSWALD I believe so MR FOUNTAIN Yes MR KENNEY Okay Great With that I think we are set to begin 9 A It was an occupational exposure 10 Q And were you testifying as a 11 corporate representative 12 A Yes I was 13 Q Which company was that 14 A For Reynolds Metals Company 15 Q You don't happen to recall the case 16 name do you 17 A Quiroz 18 Q Do you know how to spell that 19 AR 20 Q Okay So you have had two 21 depositions you have had at least one asbestos 22 deposition so I am not going to go through and 23 spend too much time on the deposition instructions 24 But just so you know I am going to ask you a EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 1 | series of questions today and I am going to ask 2 that you provide truthful and honest answers 3 Is that something that you're going 4 to be able to do today 5 A Yes 6 Q don't think we will have a 7 problem but just remember to provide verbal 8 responses No shrugs of the shoulders or nods of 9 the head I know we have a videotape here today 10 _ but the court reporter the stenographer is also 11 taking this down and nodding makes it difficult to 12 get an accurate record 13 Please feel free to take a break at 14 any time If there is a question pending I would 15 ask that you answer the question before -- taking 16 that break Otherwise if you need a break let me 17 know and I will be happy to go off the record 18 A Okay 19 Q When did you first learn of this 20 _ particular matter 21 A I believe I first heard about it a 22 year and a half or two years ago 23 Q Was there contact made by a lawyer 24 _ or law firm 13 1 2 3 4 5 6 7 8 9 10 | 11 12 13 14 15 16 17 18 19 20 21 22 _ 23 24 Page 15 able to tell me how many documents you reviewed A With regard to this case Q Correct A really don't know the number of documents Q Was it like an inch stack of papers Was it a inch stack of papers A I'd say four or five notebooks Q Okay Is that how they were produced to you in a notebook A Yes Q A Q index Were they tabbed in any way Some of them yes Did those notebooks come with an A Some yes Q Okay And can you just tell me generally in preparation for this case what documents you've reviewed A have reviewed affidavits and depositions from previous -- the folks that previously were involved in the case -- Mr. Sink Flanders Dobson Matt Cole -- and documents relating to the operations at the plant 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 14 A Yes Q you A Q A firm Okay Do you recall who contacted Beverly Bond Who is Ms. Bond associated with I don't remember the name of the law Q Okay She works for a law firm A Yes Q email Okay Was the contact via phone or A Initially by phone Q Okay And after the initial contact were any documents sent to you A Yes Q mail Did those documents arrive in the A Yes Q Let me ask you this How were the documents presented to you A I'm trying to remember I received some documents in the mail and sometimes I received documents at my place employment Q As to this particular case are you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 | 23 24 Page 16 Q Okay Now the documents that you received I'm assuming based on your testimony a minute ago came from the law firm A Yes Q Okay Did you bring those binders with you today at all A did not Q Aside from the materials that were sent to you in preparation for today did you perform any sort of independent research A No. Q Okay Have you had any contact with lawyers in preparation for your deposition today A No. Q Are you able to provide me with an estimate of how much time you spent preparing for this case MR OSWALD You mean this deposition MR KENNEY This deposition THE WITNESS This deposition I can give you a rough estimation EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 17 1 BY MR KENNEY 2 Q Sure 3 A I guess I would say about four or 4 five days 5 Q Okay 6 A In total 7 Q Eight days 8 A Yes 9 Q To your knowledge have you reviewed 10 any documents related to this deposition that 11 haven't been produced to the plaintiffs 12 A don't know 13 MR FOUNTAIN No. I mean she's 14 not reviewed any documents that haven't 15 been produced or that you produced 16 Brian in connection with this case -- or 17 that were produced in connection with 18 counsel in any case 19 BY MR KENNEY follow 20 Q Okay Let me just ask a 21 to that Have you -- you may or may not know the 22 answer to this question 23 But have you reviewed the documents 24 _ that have been produced to RADCO on behalf the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 19 industrial hygiene can you just tell the jury what an industrial hygienist does A An industrial hygienist typically works -- goes to the workplace to try to identify hazards health hazards in the workplace anticipate what may occur based on the activities at the plant and ensure that controls are in place to minimize risks Q Okay In terms of risks do industrial hygienists try to eliminate risks if possible A They would do everything they can to minimize it if -- in some cases it can't fully be eliminated but we use what is technically available to reduce risks Q Okay First step would you agree with me is to try to eliminate the risk And if that risk could not be eliminated then an industrial hygienist does what he or she can to reduce the risks A That's correct There's an hierarchy of controls that you would follow Q So I understand that after you earned your master's you went to work for I Page 18 1 plaintiffs 2 A I've reviewed some documents I 3 don't know that I've seen them all 4 Q right Fair enough 5 I just want to get into a little bit 6 about your background before we start talking about 7 the Stratford Tilo facility 8 I understand that you're a graduate 9 of Virginia Commonwealth University 10 A That's correct 11 Q And you have a bachelor of science 12 in chemistry 13 A Yes 14 Q You earned that degree in 1985 15 A That's correct 16 Q You also have a master's in 17 _ industrial hygiene 18 A That's correct 19 20 VCU And again that was obtained from 21 A That's right 22 Q About five years later in 1990 23 A Right 24 Q Okay While we are on the topic of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 20 _ believe it's -- is it Rust Environment & Infrastructure A Infrastructure Yes Q And that was between 1990 and 1994 A I don't remember the dates work for them for a number of years Q It was during the 1990s I did A Yeah Q Tell me what you did for that company A Well they were mostly an environmental consulting firm So they might be going out to sites that would be environmentally contaminated I helped to make sure the people that were going out to the sites were adequately protected based on what they anticipated to find out there We also did do some consulting for external clients Q Did your responsibilities touch on asbestos in any way A At times Q In what capacity A We may a have client that has -- that may be contemplating an abatement and we EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 21 would help to identify strategies and controls to effectively do the abatement in a proper manner Q And your knowledge with respect to abatements as it pertains to asbestos was that learned when you were in school to become an industrial hygienist A We touched on asbestos there but I had some of the external courses as well as far as building inspection operations maintenance planning project management Q Okay Was asbestos asbestos abatement asbestos management an area that you emphasized when you were going to school to be -to obtain your degree in industrial hygiene A No. We didn't have any really areas of emphasis at that time Q Okay So in the 1990s you were working at Rust Environment & Infrastructure At some point you left correct A That's correct Q Where did you go next A I went to Reynolds Metals Company Q Okay And it's a big company but what is -- at the time what was Reynolds Metals in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 _ Page 23 A At times Q Okay What -- can you give me some examples of how you were maybe brought in to deal with a matter related to asbestos A Well at the time we -- it was part our standard that all the facilities should have an asbestos inspection done at the facility so that they knew where the material was And if the location didn't understand the requirements or get it done I would help them identify the proper people and make sure that it got done in the proper way and it got documented the way that it needed to be Q Would that be related to abatement removal of asbestos Or would it be something -- A In that example it was just identifying and managing it Q Okay A But there were other times that they may be abating it and they wanted to talk about strategies Q Okay So there may be situations where you were brought in to deal with abatement issues and other times there were situations where 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 _ 18 19 20 21 22 222 222 Page 22 the business of doing A At the time Reynolds Metals Company they had several different businesses One was the actual making of aluminum from alumina They had a plant that actually made the alumina from bauxite We had a division that took the metal and made cans We hada the metal and made extrusions of things division that took So it was a variety Q And I'm sorry What year did you go to -- what year were you hired A 1994 Q And when you went there what were your specific job duties or responsibilities A I was -- my title was regional industrial hygienist But essentially I was in resource in the plants so it was sort of a mixed role We went to the locations and audited them against the practices of OSHA standards And then when they needed help to make sure {| that they wanted me to improve the programs they called us in to help get things done Q Okay And your work there did that touch on asbestos in any way 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 _ 18 19 20 21 22 23 24 you were brought in to -- after asbestos had been identified and then you went in to try to minimize or eliminate the risk of exposure to asbestos A Q there Proper management in place Got you How long have you worked Page 24 A I worked -- well I was with Reynolds until 2000 when we merged into Alcoa Q So you said you had the same -- well I will let you tell the story What happened in 2000 A Well the actual activity depends on who you listen to whether it was a buyout or a merger But we became one company Reynolds Metals Company and Alcoa Q Did your job duties change at all at that time A Shortly after I was asked to move to Pittsburgh and become a part of the services group At the time I was in Richmond as the health and safety manager of the packaging division I went back -- so when I moved to Pittsburgh I went back strictly into an industrial hygiene role EPPLEY COURT REPORTINGREPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 | 12345 12345 12345 12345 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 25 Q Okay In present day where are you 1 employed 2 A retired in August of this year 3 Q From where did you retire from 4 A From Alcoa 5 Q Okay 6 A Yes 7 Q Congratulations 8 A Thank you 9 Q What are you doing presently other 10 than testifying at corporate depositions like this 11 MR OSWALD Object to the form 12 THE WITNESS Yeah Just a little 13 bit of consulting work I will be 14 helping a group identify a strategy for 15 control but not very much work at all 16 BY MR KENNEY 17 Q Have you actually opened up your 18 consulting business 19 A No I have not 20 Q Okay And is your consulting 21 work -- well what types of clients do you have in 22 terms of your consulting work 23 AA It's strictly Alcoa 24 Page 27 it goes into shutdown there could be visible emissions from the plant and the facility that was next door had some concerns about that So I went to that facility and I _ helped to educate them about what we did at our locations what controls were in place at our locations and really what it meant -- what those kind of conditions meant for them Q Did your role or any have any -- did any of your responsibilities have anything to do with setting up any type of monitoring to determine you know how much of those emissions were being released from the plant A No. Not -- not in that case no Q Okay Do you recall a substance in question that was being emitted from the plant A Well the neighbors were concerned about the visible emission which was basically smoke Q Okay A And combustion product Q For who were you working for when you went to do that -- that work A For Alcoa Page 26 Page 28 |: 1 2 3 4 5 6 7 8 9 10 11 12 _ 13 Q Strictly Alcoa And in terms of the consulting work that you performed have you done any consulting work related to asbestos A Not yet Q Okay What type of consulting work have you performed A Well basically assisting in this type of activity but that's all to date Q Okay Okay Now looking back at your work experience as an industrial hygienist has any of your work involved the dealing of sites or properties that are dealing with environmental contamination issues 14 A Not they related to asbestos 15 Q Are there hazardous substances - - 16 withdraw that 17 How about other substances have you 18 dealt with contamination issues with sites related 19 to other substances 20 A Very briefly There was just one 21 case that I assisted on 22 Q Can you tell me a little bit about 23 your experience 24 A Yeah We have facility that when 1 Q Okay Do you recall the plant in 2 question or the site in question 3 A Yes It was Lake Charles Carbon 4 Company 5 Q Where is that located 6 A In Lake Charles Louisiana 7 Q Okay All right So you have in 8 front of you marked as Exhibit 1 a Notice of 9 Deposition 10 Have you had an opportunity either 11 today or prior to today to review the notice of 12 deposition 13 A have 14 Thereupon the respective 15 document was marked as Exhibit 16 Number 1. 17 BY MR KENNEY 18 Q Okay Do you have some idea as to 19 what the areas are we are going to be talking about 20 today 21 A Yes 22 Q right Are there any topics 23 _ listed in Exhibit 1 that you're not qualified to 24 _ provide testimony on today EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 29 Page 31 123 A I don't believe so But most of the 1 A Correct 123 information that I have accumulated for these 123 answers are not -- they are from documentation and 4 from what we know that other people have talked 5 about 6 Q Okay Your -- your knowledge as a 7 representative of Reynolds Aluminum Development 8 Company is -- is based on the documents that you 2 Q Okay And there won't be any 3 confusion in your mind -- if so let me know -- if 4 use the word Tilo and I -- even though I may be 5 referring to you know the time periods when it 6 may have been changed to -- the name may have been 7 changed to RADCO Is that fair enough 8 A That's fair 9 have reviewed -- historical documents that you have 10 reviewed 11 A That's correct 9 Q I'm talking about the site itself 10 And if I call it Tilo there won't be any 11 confusion 12 Q And it's also based on the prior 12 A That's fine 13 deposition testimony that you reviewed an 14 affidavit testimony 15 A Yes I consider that documentation 16 but maybe -- 13 Q Okay So you understand you're 14 speaking on behalf of RADCO when you answer these 15 questions today correct 16 A Correct 17 Q That's fine 18 A -- it's just terminology 19 Q right And I do have an 20 agreement with counsel We are not going to get 21 into too much detail regarding the insurance items 22 _ that -- we'll deal with that at a later date I 23 _ understand that you're not prepared to testify 24 about the insurance coverage that may or may not be 17 Q Do you have an understanding of the 18 allegations in this case with respect to RADCO 19 that are alleged against RADCO 20 A I understand that there is an issue 21 about potential exposures based on the plant 22 operations 22 Q Okay And just to be clear even 24 _ though you were employed by Reynolds Metals you Page 30 1 at issue in this case correct 2 A That's correct 3 MR OSWALD That's correct 4 BY MR KENNEY 5 Q Okay So Exhibit 1 asks for the 6 person most knowledgeable to provide testimony 7 about the items in the notice of deposition And 8 aside from what we just discussed you're here 9 today as a representative of Reynolds Aluminum 10 Development Company who has that knowledge is that 11 correct 12 A That's correct 13 Q And if use the term RADCO 14 A will you understand that I am referring 15 to Reynolds Aluminum Development Company 16 A Yes 17 Q Okay So there's not going to be 18 any confusion if I say RADCO throughout the 19 deposition 20 A That's correct 21 Q Okay And at times I may use -- 22 I'm going to use the word Tilo And do you 22 __ understand that Tilo is the Stratford plant in 24 question that we're talking about 1 2 3 4 5 6 7 8 9 | 10 11 12 13 14 15 16 17 18 19 20 21 22 22 22 Page 32 never worked at the Tilo plant correct A That's correct Q Have you ever been to the site A No sir Q site visit Okay Have you -- aside from the deposition of Flanders Dobson and Edward Sink have you either reviewed -- and I think there was a third one there A Homer Cole Q Homer Cole Have you either reviewed or spoken to any former workers from the Tilo factory A On one occasion we called a former employee to try and gather some information about something in the documentation that we were -- we had questions about Q Okay A But we didn't get any more information that we were looking for Q Okay Do you recall his or her name A I don't I'm sorry Q Okay And were there any notes EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 | 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 33 taken in that conversation A I don't recall Q Okay Do you remember what that _ specific issue related to You said you had seen something and you called the witness to get more information What was the issue A We were just trying to confirm where asbestos was actually used in the plant Q Okay And were you ever -- you weren't ever able to get an answer A Well we were trying to determine if there was anybody that had any information that we used outside of the asbestos department and that was not the case We did not get any information that indicated that Q Fair enough One other thing before we get too deep into this Unless I say otherwise when I say you mean RADCO So you understand that A Okay Q Okay At any point throughout this deposition if there is any confusion just let me know and I can clarify But if I say did you I referring to RADCO -- 1234 1234 1234 4 5 6 7 8 9 10 11 | 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 35 manufacturing operation has an obligation to comply with all regulations and good practices But I don't know -- what I'm not understanding is the exposure Because if there are exposure levels there can be -- that's what really defines the risk And if there is -- if the exposures -- if there is no -- it is just -- you know there are background levels of asbestos I don't know that -- If plant is -- is really doing a lot of emissions that would be a problem but I don't know about the level of emissions we're talking about here BY MR KENNEY Q As you sit here today do you agree that the Tilo factory in Stratford Connecticut released asbestos from its factory into the ambient air MR FOUNTAIN Objection to form THE WITNESS I did not see anything that corroborated that MR KENNEY So no Page 34 1 A Okay 2 Q -- unless I qualify it in some other 3 way 4 As you mentioned a minute ago the 5 allegations against RADCO relate to emissions -- 6 asbestos emissions from a plant from the Tilo 7 ~~ plant I 8 Just generally speaking do you 9 believe that a company who makes asbestos cement 10 products is allowed to expose the public to 11 asbestos through its manufacturing operations 12 MR OSWALD Object to the form 13 MR FOUNTAIN Objection to the 14 form 15 THE WITNESS Could you repeat that 16 please I am not sure I understand 17 exactly what we are getting at here _ 18 BY MR KENNEY 19 Q Sure Do you believe that a company 20 who makes asbestos cement products is allowed to 21 expose the public to asbestos through its a 22 manufacturing operations 23 MR FOUNTAIN Object to the form I 24 THE WITNESS believe that the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 36 THE WITNESS No. BY MR KENNEY Q Do you agree that if there is more than one way to make a product a company has to choose the one with the least risk to the public MR FOUNTAIN Objection to form THE WITNESS think there's a lot of factors that need to be considered whenever -- whenever deciding on a process and I think that -- that is a factor BY MR KENNEY Q With respect to manufacturing operations would you agree that a company who is manufacturing products in a highly populated area residential area has to choose and manufacture in a way that has the least amount of risk to the public MR FOUNTAIN Objection to form THE WITNESS Again I think there are lot of factors to be considered in any -- manufacturing operations BY MR KENNEY Q Okay I'm going to show you what EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 37 1 has been marked as Exhibit 2 2 MR KENNEY Counsel I have a copy 3 for you 4 MR FOUNTAIN Thank you 5 Thereupon the respective 6 document was marked as Exhibit 7 Number 2. 8 BY MR KENNEY 9 Q This is a prospectus that has been 10 produced in this case from April of 1939 11 Have you seen this document before 12 A I believe I have 13 Q Okay You have it there in front of 14 you and we may refer to this as I ask you some 15 follow questions 16 A Okay 17 Q really want to use this to aid us 18 in talking a little bit about the company and its 19 beginnings 20 I understand that Tilo Roofing 21 Company was founded in 1915 is that correct 22 A Tilo Roof I believe so 23 Q Okay And when it was created what 24 __ was Tilo Roofing Company in the business of doing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 _ 23 24 Page 39 Q order to do so they purchased property in Stratford Connecticut A I believe so Q And that's where the manufacturing facility was created for Tilo correct A I believe so yes Q right In 1934 once the plant was built what specific products was Tilo making A From what I've been able to determine from the documentation they were making the asphalt roofing tiles I don't -- I don't think I saw where they started making the siding Q Okay A To my knowledge those are the only two products they made Q right And I'm going to refer you to Exhibit 2 and there is a Bates stamp at the bottom hand corner If you can go to -will give you the last four digits 7002 Okay Top of the page first paragraph take a minute to just review that let me know when you're ready A Okay And Q According to this document in 1937 Page 38 Page 40 12 at that time 2 1 new product was introduced by Tilo correct . A According to the records I've seen 2 A Correct 3 they applied roofing materials 3 Q What product was that 4 Q Right At that time in 1915 Tilo 4 5 wasn't making any products correct A It was the asbestos cement shingles 6 A That's what I believe yes 5 Q Okay And specifically the 6 asbestos 7 Q That changed in 1934 didn't it cement shingles where was that to be 7 applied 8 A I believe so 9 Q Okay What happened in 1934 8 A The side of buildings 9 10 A Q Okay So the productin question _ They built -- I believe they built 10 here that essentially was an asbestos cement 11 the factory and started making roofing tiles 11 _ 12 siding product that went on the sides of homes or Q Okay 12 buildings 13 A Asphalt roofing tiles 13 A Yes 14 Q Okay According to Exhibit 2 in 14 15 1934 Tilo Roofing Company was also incorporated Q Okay And it looks like that in 15 order to make the product the company had to 16 correct Is that your understanding that Tilo 17 Roofing Company was incorporated in 1934 16 enlarge its plant to house new machinery and 17 equipment 18 A I believe so 19 Q right Let's focus on 1934. A 18 A That's what this says yes 20 lot happened Tilo Roofing Company was 19 Q Okay And the asbestos cement 20 _ 21 siding division was placedin operation by March of incorporated and they went from a company that 21 1937 correct 22 an installer to a company that was not only an 22 A 23 _ installer but also making products correct That's what it says yes 23 Q So we're in agreement that by 1937 Tilo's plant in Stratford Connecticut 24 A I believe so yes 24 the Tilo's in is EPPLEYCOURT REPORTING LLC w w.ep leycourtreporting.com www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 | 23 23 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 _ 21 22 23 24 Page 41 Page 43 making asbestos cement siding among other products 1 GlasFloss Corp. as well Did you ever see any 2 reference to that A Yes Q Okay And I'm just going to show you what's been marked as Exhibit 3 just to kind of track again the company historya bit Thereupon the respective document was marked as exhibit Number 3. BY MR KENNEY Q We have just mentioned a minute ago that in 1937 Tilo introduced this asbestos cement siding product And then if we look here in Exhibit 3 at the advertisement in the top hand corner you can see there is an advertisement for Tilotex Insulating Sidewalls A Yes Q And at the bottom of that advertisement it states that Tilo is America's largest roofer and sidewall insulator A right Q So between 1937 and 1945 Tilo 3 A I don't recall that 4 Q So tell me little bit about 5 Atlantic Asphalt & Asbestos Triple A as you 6 indicated What was the relationship between that 7 company and Tilo 8 A My understanding from the 9 documentation is that they were a wholly owned 10 subsidiary that they sold some of the products 11 that Tilo made at that facility 12 Q Okay Who did they sell those 13 products to 14 A To distributors 15 Q Such as hardware stores and lumber 16 yards 17 A I believe so yes 18 Q Okay Where was Triple A located 19 A They were located -- I believe they 20 __ were located at the same place that Tilo was 21 Q Okay So they were on the same site 22 as Tilo certainly had a major presence with respect to the 23 asbestos cement siding industry correct 24 A I believe so Q In Stratford Connecticut Page 42 1 MR FOUNTAIN Object to the form 23 THE WITNESS I guess you could say 3 that 4 BY MR KENNEY 5 Q They were America's largest roofers 6 and sidewall insulators 7 A That's what it says 8 Q Okay right So we know a 9 little bit here about some of the products that 10 Tilo made and we are going to talk more about that 11 in bit But I do want to a talk little bit about 12 Tilo and some of the companies that they acquired 13 Can you tell me a little bit about 14 the structure of Tilo and some of the businesses 15 that Tilo owned and operated 16 A The only business that I'm aware of 17 _ that they owned was Triple A Atlantic Asphalt -- 18 Asbestos & Asphalt 19 Q Triple A stands for Atlantic 20 Asphalt & Asbestos 21 A Okay 22 Q And that was a subsidiary of Tilo 22 A I believe so yes 24 Q And Tilo also acquired the assets of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 _ 24 Page 44 A Yes Q Okay And I understand from reviewing Mr. Sink's deposition testimony that Tilo would make the asbestos cement siding products and then rebrand it under the Triple A name Atlantic Asphalt & Asbestos would then send that product out to the lumber yards and hardware stores correct for sale A That's what I understand from Mr. Sink's testimony Q Okay So Tilo is making -- from 1937 moving forward into the future Tilo is making asbestos cement products It is making asbestos cement siding products for Triple A. And Tilo is also making asbestos cement products for itself correct A That's what I understand Q_ What is Tilo doing with the asbestos cement siding products that it's making for itself A According to Mr. Sink's testimony they were installing it themselves Q Okay So at that time Tilo never really lost the installer aspect of its company correct It was installing and it was making the EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 45 1 products 2 A I believe that's the testimony yes 23 Q And it was also rebranding the 4 product through Triple A 5 A Correct 6 Q Now I understand that Tilo had a 7 ~~ number of branch offices in other states 8 A That was Mr. Sink's testimony yes 9 Q What was the reach of Tilo as far as 10 its areas of operations 11 A From what I recall there were 12 _ offices as far north as Maine and as far south as 13 Virginia 14 Q Okay So we've talked about the 15 beginnings of the company We've talked about some 16 of the products that Tilo manufactured 17 I understand based on my review of 18 the documents that in 1961 Reynolds Metals 19 Company acquired Tilo Roofing Company correct 20 MR FOUNTAIN Objection to form 21 THE WITNESS I believe that's the 22 correct date 23 BY MR KENNEY 24 Q When Reynolds Metals acquired Tilo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 | 15 16 17 18 19 20 21 22 23 24 Page 47 correct but we will check that and go back to that a little bit later We will circle back to that MR FOUNTAIN BY MR KENNEY Okay Q Regardless of that acquisition in 1961 -- we will figure that out in a couple of minutes -- there was a name change in 1980 correct A 1980 I believe so Q With respect to Tilo Company A Yes I believe so yeah Q In 1980 Tilo Company Inc. was changed to Reynolds Aluminum Building Products Company correct A I'm not exactly sure of the changes and when they were made I would have to go back in documentation to see that Q right We will take a look at that a little bit later We'll move on Okay At some point the name of the company was changed to -- well I'm going to back up Tell me what you understand the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 Page 46 Page 48 |: _ Roofing Company Tilo was still in the business of 1 history is with respect to the corporate . making asbestos cement siding correct 2 transactions from Tilo Roofing Company being I A believe that's correct 3 incorporated and then to being acquired by another Q Now when the acquisition occurred 4 company in 1961. What is your understanding of the company name was changed correct 5 those transactions A Which company Tilo QYeah QYeah When the acquisition occurred the company name changed from Tilo 6 A My understanding is that in 1961 a 7 _ subsidiary of Reynolds Metals Company purchased the 8 Tilo Company Roofing Company to Tilo Company A That's what I understand COURT REPORTER Changed to what MR KENNEY It changed from Tilo Roofing Company to Tilo Company Inc. correct THE WITNESS That's what I understand yes MR KENNEY All right MR FOUNTAIN Brian I think if you 9 Q Okay 10 A And then that Tilo -- that company 11 remained as a subsidiary of -- the Reynolds 12 _ subsidiary 13 Q And did the Tilo Company go through 14 any name changes during that time period 15 A Well as we just said they went 16 from Tilo Roofing Company to Tilo Company 17 Q And at some point in the future 18 that name was changed again correct want to have it accurate that it was originally Reynolds Aluminum Building Products Company in 1961 that acquired Tilo rather than Reynolds Metals I believe that's correct 19 A I believe so 20 What was the name changed to 21 A I don't know that I could get it 22 exactly right I would have to look it up in the 23 documentation MR KENNEY I don't think that is 24 Q right We can revisit that EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 12345 12345 12345 12345 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 49 after a break A Okay Q Is fair to say that throughout these transactions -- corporate transactions the manufacturing facility in Stratford Connecticut remained in the same location A That's correct Q right And just so we're clear the site in question is the Barnum Avenue Cutoff and the Longbrook Avenue address in Stratford Connecticut correct A believe so at map I would have to look Q Okay All right So let's move on One of the items in the notice of deposition asks whether -- or why Tilo chose Stratford as a location for its manufacturing plant Do you know why that is A I was not able to find anything in the literature to help us out on that one Q Okay I just want to take a look at Exhibit 2 for moment If you could turn to Bates Number 7009 A __ Okay 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 51 intended to put a plant there BY MR KENNEY Q And certainly Tilo engaged in a bit _ of public relations before building the plant by showing town officials another plant that made similar products that Tilo wanted to make True MR FOUNTAIN Objection to form THE WITNESS I don't know -- I don't know about public relations but they did 11 it does say that they did show them another location BY MR KENNEY Q You agree that in 1934 when the Tilo factory was built Tilo was not making asbestos cement siding True A That's what I understand Q That occurred several years later A That's what I understand yes Q So when Tilo sought out Stratford as a place to make products the Town of Stratford didn't know at that time in 1934 that Tilo would be in the business of manufacturing asbestos products True MR FOUNTAIN Objection to form Page 50 1 Q At the bottom of the page that last 2 paragraph -- it's actually the last full sentence 3 of that last paragraph It starts by saying 4 Before establishing its plant 5 Do you see that 6 A Not yet 7 Q At the bottom there 8 A Okay 9 Q That last paragraph 10 A right I got it I'm sorry 11 Q Do you see where it says Before 12 establishing its plant in the town the company business 13 advised the council of the nature of its 14 and the committee of the council visited a similar 15 plant of another corporation to determine if it 16 17 _ 18 were desirable to permit the company to establish its plant in the proposed location A Yes 19 Q Okay So it sounds as if Tilo 20 certainly sought Stratford out as a place for its 21 manufacturing operations based on that statement 22 Wouldn't you agree 23 MR FOUNTAIN Objection to form 24 THE WITNESS I agree that they 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 52 THE WITNESS I don't know what they found BY MR KENNEY Q Aside from asbestos cement siding did Tilo make any other containing products at its plant in Stratford A I did not find anything in the literature that indicated it did Q Okay I'm going to show you a document that I marked as Exhibit 4 A Okay Thereupon the respective document was marked as Exhibit Number 4. BY MR KENNEY Q Take a minute to look at that And you'll agree that Exhibit 4 is a document dated January 25th 1965 at the top hand corner there A Yes yes Q_ And above that it says AFD Asbestos A Yes Q Okay And below that to the left EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 53 1 top hand corner it says Tilo Roofing visit 2 of January 21 1965. 3 A Yes see that 4 Q And then below that it says 5 Persons visited and it was a Mr. Charles Brophy 6 purchasing agent and Mr. Clint Reed research 7 ~~ director 8 Those are Tilo employees correct 9 A I believe so 10 Q Okay Then below that the heading 11 of M Personnel and apparently a Mr. H.A. 12 Boisclair and an M.D. Webb were the personnel 13 A That's what it says yes 14 Q And the purpose of call right 15 _ below it it states quote to discuss Strength 16 Units of the grade they buy 17 A Correct 18 Q Okay And if we turn to page 2 of 19 this document the second paragraph states 20 quote they have -- quote they have been using 21 7D1F for many years in an asphalt adhesive This 22 _ is used for tacking down rolled roofing They know 23 that others in this field use much shorter fibers 24 and they wish to explore this area 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 | Page 55 COURT REPORTER you -- I'm sorry But can THE WITNESS I this says BY MR KENNEY said That's what Q And contained in this letter is a reference to the fact that they -- that Tilo was using a certain grade of asbestos fiber in its asphalt adhesives A That's what M says yes Q Do you have any reason to dispute the fact that Tilo was using asbestos in its asphalt adhesives A We could not find any supportive evidence in any of the Tilo documents Q Have you reviewed any documentation on asphalt adhesives that may have been manufactured by Tilo A I did not see any Q Now you testified that Tilo began making asbestos cement siding in 1937. When did Tilo stop making asbestos cement siding A According to Mr. Sink's testimony it was in 1969 Page 54 123 Do you see that there 1 123 A do 2 123 Do you agree that certainly that 3 4 statement seems to imply that Tilo is using 4 5 asbestos in asphalt adhesives 5 6 MR FOUNTAIN Objection to form 6 7 THE WITNESS This document from M 7 8 does suggest that they may have used 8 9 asbestos in the adhesive That's what it 9 10 says 10 11 BY MR KENNEY 11 12 Q And then that last paragraph the 12 13 last sentence at the bottom of the page it says 13 14 quote He also wants to know anything we can tell 14 15 him regarding the effect of asbestos on the 15 16 adhesiveness of their product 16 17 Do you see that there 17 18 A Yes 18 19 Q So certainly in 1965 there is a 19 20 visit by Manville to Tilo regarding 20 21 _ basically asbestos fibers and the strength of 22222 22 certain grades of asbestos fiber correct 22222 23 MR FOUNTAIN Objection to form 22222 24 THE WITNESS That's what this says 22222 Page 56 Q Okay Just to give everyone a general idea we are marking Exhibit 5 Answers -Reynolds Aluminum Development Company's Answers and Objections to Plaintiffs Interrogatories in the Consolini case MR KENNEY And we are marking this as Exhibit 5 Thereupon the respective document was marked as Exhibit Number 5. BY MR KENNEY Q want to direct your attention -first off have you ever reviewed this document before A believe I did Q Okay A _ This is Consolini Q Yeah A I don't believe I did Q Okay Are you able to talk about the different brands of asbestos cement siding that Tilo made between 1937 and 1939 MR OSWALD '69 EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 57 | 1 BY MR KENNEY 2 Q sorry Are you able to tell me 3 what brands of asbestos cement siding Tilo made 4 between 1937 and 1969 5 A I'm not 6 Q Okay If we turn to page 8 of 7 Exhibit 5 Answer 14 lists eight different brands 8 of Tilo asbestos siding shingles that it 9 manufactured 10 Do you see that there 11 A do 12 Q And Tilo manufactured an asbestos 13 cement siding that went by the name ofTilo 14 Roctone Tilotex Tilostone Duotone Tilokote 15 Colorstone and Tilon correct 16 A Correct 17 Q And you don't have any reason to 18 dispute that 19 A No don't 20 Q Okay Do you know the percentage of 21 asbestos that was used in each brand 22 A do not 23 Q Generally speaking do you know what 24 __ percentage of asbestos was used in asbestos cement Page 59 1 Now Flanders Dobson as you recall 2 from reading the transcript was an employee at 3 Tilo correct 4 A That's correct 5 Q And he spent many years making the 6 mix that would eventually become the asbestos 7 cement siding 8 A That's what he said yes 9 Q right If we turn to page 15 of 10 his transcript -- and I am referring to the page 11 designations at the top hand corner 12 A Sorry I'm looking at the bottom 13 Q right 14 A Okay 15 Q And I'm paraphrasing a bit I'm not 16 quoting a specific statement here But you would 17 agree that on this page Mr. Dobson testified that 18 asbestos cement shingles were made of cement 19 asbestos fiber and marble dust correct 20 A And water 21 Q And water Okay 22 And you agree that's what basically 23 made up an asbestos cement siding product those 24 _ were the ingredients 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 58 _ siding products made by Tilo A I don't recall Q Now would you agree that fiber chrysotile asbestos was used in the manufacture of asbestos cement siding A I believe that was in the deposition Q Are you able to walk me through the manufacturing process required to make asbestos cement siding A Personally no I don't believe I can do that There were some details in some of the documentation that showed how that was done Q Okay And you've read the deposition transcript of Flanders Dobson A have MR KENNEY And I'm going to mark that as Exhibit 6 Thereupon the respective document was marked as Exhibit Number 6. BY MR KENNEY that I'm sorry on account of the size of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 |) Page 60 A Yes Cement marble asbestos and water yeah Q Okay Between page 15 and 17 Mr. Dobson kind of talks about the process of mixing these products But you would agree that he testified that he would use three bags of asbestos fiber that weighed about 100 pounds each that would be put into this mix A Yes I recall reading that Q You don't have any reason to disagree with that statement A No have no reason Q Okay And again kind of paraphrasing from pages 15 through 17 of his transcript but Mr. Dobson also testified that he used asbestos fiber from Johnson A Yes Q And from Manville correct A That's correct Q And you don't have any reason to dispute that statement A not Q Okay And he testified as well that the asbestos fiber that he'd take from Johnson was EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 61 123 quote the long asbestos fiber correct 123 A That's what he says 123 Q right And the asbestos from 4 Manville was more like powder I believe he 5 testified to 6 A I believe that's what he said 7 Q Okay Do you have any reason to 8 dispute his testimony as to the length of fibers 9 that were used 10 A do not 11 Q And you don't dispute his testimony 12 as to the description of the asbestos fiber that 13 was used 14 A do not 15 Q Okay On page 17 Mr. Dobson 16 testified -- and again I'm paraphrasing But he 17 _ testified that every time he had a mixture in the 18 vat that he used 300 pounds of asbestos 19 20 way Do you dispute that system in any 21 A No not 22 Q Mr. Dobson on page 19 testified 23 _ that he would make 22 to 23 batches of this mix in 24 a day over an eight period Do you have any 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 63 | the math I didn't run the numbers Q Okay Let me show you what has been marked as Exhibit 7 Thereupon the respective document was marked as Exhibit Number 7. BY MR KENNEY Q Have you seen this document before A believe I have Q right Well at the top page of Exhibit 7 you see that it's entitled Appendix and looks like maybe C -- well it says Appendix And then below that it says Job classification and rate ranges effective June 2nd 1965. Now below that there is a heading entitled Asbestos Department Do you see that there A Yes Q Do you know whether the plant's asbestos operations were confined to one building series of buildings A According to what I've read in the documents it was in one building Page 62 Page 64 |: 1 reason to dispute that testimony 2 A do not 3 Q So just to do kind of the simple 4 math Mr. Dobson was using anywhere between 6,600 5 to 6,900 pounds of raw asbestos fiber per day in 6 order to make the mix that would eventually become 7 the asbestos cement siding True 8 A I didn't do the math but if you say 9 SO 1 Q Okay And with respect to the 2 warehousing of the asbestos fiber do you know 3 whether or not that was housed in one location or 4 multiple locations 5 A I believe they stored some finished 6 product in warehouse yes 7 Q And do you recall seeing testimony 8 that -- to the effect that the warehouse the doors 10 Q Okay And between pages 19 and 20 11 of his deposition he also talks about the fact 12 that he would perform his duties mixing -- he 13 testified he would perform these duties of making 14 this mix five to six days a week 15 A That's what he testified to yes 16 Q Do you have any reason to dispute 17 _ his testimony that the plant was in operation 18 between five and six days a week 19 A I not 20 Q So Mr. Dobson -- again if we kind 21 of look at the numbers Mr. Dobson was using 22 upwards of 41,400 pounds of raw asbestos fiber a 23 week just to make this mix correct 24 A am going to have to trust you on 9 of the warehouse remained open because of the 10 activity of the you know workers throughout the 11 day 12 A recall something to that effect 13 yes 14 Q We talked about Mr. Dobson and his 15 work mixing the materials at the Tilo plant Do 16 you have an understanding of what his job 17 _ classification would be based on this exhibit 18 A No. It would be a guess I think 19 Q Are you able to describe the duties 20 and responsibilities of any of the job 21 classifications listed below the heading of 22 Asbestos Department 23 A Not from any personal knowledge no 24 Q How about from any documents that EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 65 1 | you reviewed 2 A No. 3 Q Do you know how many workers during 4 any given time were employed by Tilo in the 5 asbestos department 6 A I don't recall seeing anything 7 specific to the asbestos department 8 MR KENNEY I'll show you what's 9 been marked as Exhibit 8 10 And Counsel I apologize I don't 11 have a copy of that either for you I 12 actually took your copy I didn't leave 13 myself a copy 14 Thereupon the respective 15 document was marked as Exhibit 16 Number 8. 17 BY MR KENNEY 18 19 20 21 22 Q So what you have in front of you is Exhibit 8. And on the cover page of that document it's entitled Tilo Topics Do you see that there A do 22 Q Okay Now this product was 22 _ produced by RADCO in the litigation And my first 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 67 well withdraw that At any point did Tilo make a asbestos sidewall product during the same period of time that it was making an containing sidewall product A From what we've been able to get out of the literature we believe that some of the asphalt products may have been used as siding So I think that's what that's referring to Q Okay So if I was a potential customer of Tilo during that time period and I wanted to put siding on my house a Tilo representative could present me with two options one would be asbestos cement siding or a asbestos asphalt siding MR FOUNTAIN Objection to form THE WITNESS I believe that would be the case BY MR KENNEY Q Okay So I'm just trying to kind of place this This document isn't dated so I'm trying to kind of place this in time in terms of when this document may have been produced And that first sentence says that over 18 years ago 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 66 question to you is What is Tilo Topics A Well based on what we see here it's a document that's put together for information purposes Q It appears to be a Tilo publication A It appears to be so yes Q Let's turn to page 3. And just so there is no confusion page 3 -- it's numbered -the actual Tilo Topics document is numbered Do you see that there A Yes Q Okay Page 3 of the Tilo Topics document Okay All right So you're on page 3 And take a look at the second full paragraph on page 3. It starts with Over 18 years ago Do you see that A Yes Q Okay So it states here that over 18 years ago Tilo began using asbestos in the manufacture of some of our sidewall products Do you see that there A Yes I do Q notice here there's a reference to some of our sidewall products When Tilo -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 68 | Tilo began using asbestos in the manufacture of some of our sidewall products And as you testified today Tilo began making asbestos cement sidewall products in 1937 correct A That's what we said yes Q So if we add 18 years from that date it would bring us up to about 1955 correct A Okay Q 1937 plus 18 is 1955 So in an effort to just kind of try to place an approximate date as to when this publication might have been made do you agree that this document was published sometime in or after 1955 MR FOUNTAIN Objection to form The document speaks for itself THE WITNESS It would make sense MR KENNEY Okay I understand the document speaks for itself I'm just trying to find a time range for when this document was produced BY MR KENNEY EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 69 Q You don't disagree with that 1 A No. 2 Q Now the next sentence states that 3 approximately 150 railroad cars of asbestos or 4 about three per week are brought into our Stratford 5 plant from the mines in Quebec 6 Did I read that correctly 7 A I believe you did 8 BY MR KENNEY Page 71 Q Certainly in making that statement Tilo is trying to impress the reader that it was using long asbestos fibers even though it was more costly MR FOUNTAIN Object to form THE WITNESS That's what it appears to be Q Do you agree with that statement here that Tilo received raw asbestos fiber by rail car 9 BY MR KENNEY 10 Q Now who did Tilo purchase raw 11 asbestos fiber from MR FOUNTAIN Object to form THE WITNESS I have no reason to dispute it BY MR KENNEY Q You agree that Tilo received raw asbestos that came from mines in Canada MR FOUNTAIN Object to form 12 A According to what we've -- or some 13 of the testimony we've seen they purchased fiber 14 from Manville Johnson and I think there was 15 another company listed in there 16 Q So certainly Tilo purchased raw 17 _ asbestos fibers from at least two companies and 18 maybe a third THE WITNESS That's what it says BY MR KENNEY Q It says Quebec Do you agree that during this time 19 A I believe so 20 Q And as we've seen from the document 21 _ here Tilo purchased large quantities of raw 22 asbestos fiber correct period which we have established as sometime in or after 1955 that Tilo was receiving three railroad | 22 22 MR FOUNTAIN Objection THE WITNESS We have the quantities : 1 23 23 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 70 cars of asbestos per week MR FOUNTAIN Objection to form THE WITNESS That's what this implies yes BY MR KENNEY 1 here They reference rail cars 2 BY MR KENNEY 3 Q It's a significant amount of 4 _ asbestos that was purchased by Tilo per year 5 correct Page 72 Q also states that Tilo was essentially receiving 150 railroad cars of asbestos per year correct A That's what it says yes Q Now take a look at the second column on that page The first full paragraph it says quote the long asbestos fiber is more costly than the short variety and Tilo naturally uses more of the former than any other concern in the sidewall industry Did I read that correctly A I believe you did Q And would you agree that -- well do you agree with that statement that Tilo was using more long asbestos fiber than its competitors in the sidewall industry 6 A Well I hate to agree with words 7 like significant Based on what different people 8 have used I don't know We have more of a factual 9 description of what they bought Whether that's 10 _ significant or not I don't care to comment on 11 Q Okay I'll show you what has been 12 marked as Exhibit 9 13 | 14 15 16 Thereupon the respective document was marked as Exhibit Number 9. BY MR KENNEY 17 Q Have you seen Exhibit 9 before 18 A I believe I have 19 Q And do you agree that these are 20 yearly asbestos fiber summaries from 21 Manville MR FOUNTAIN Objection to form 22 THE WITNESS I have no reason to 23 dispute this 24 MR FOUNTAIN Objection to form THE WITNESS That's what it appears to be EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 73 BY MR KENNEY Q Okay And these fiber summaries -yearly asbestos fiber summaries relate to Tilo Roofing Company among others MR FOUNTAIN Objection THE WITNESS Among others yes BY MR KENNEY Q Do you have any reason to dispute the accuracy of these fiber summaries A do not Q Okay So for example according to this document Tilo in 1950 purchased 895 tons of raw asbestos fiber from Manville You don't dispute that do you A I don't dispute that Q And as you can see on the next page in 1964 Tilo purchased 1,087 tons of raw asbestos fiber Again you don't have any reason to dispute that figure do you A not Q I'm going to show you a document that has been marked as Exhibit 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 _ 18 19 20 21 22 _ 23 Page 75 your attention to the second sentence It states quote We have gained third of their fiber supply by our deviation stipulating not more than 7.1 percent minus 200 mesh finds by their test So certainly -- but this statement here is indicating that in 1959 Manville is supplying third of the asbestos that Tilo was using correct MR FOUNTAIN Objection Form THE WITNESS That's what their document says yes BY MR KENNEY Q Okay Do you have any reason to dispute that claim that Manville is supplying third of Tilo's fiber supply during this time period A No do not Q Okay And in fact if you -- if we were to refer back to Mr. Dobson's deposition testimony do you recall that he testified he used two bags from Johnson and one bag from Manville 24 A That's what he said yes Page 74 1 Thereupon the respective 23 document was marked as Exhibit 23 Number 10. 4 BY MR KENNEY 5 Q Have you seen this document before 6 A I believe I have 7 Q Okay And this document is dated 8 April 20th 1959 9 A Yes 10 Q And it's entitled Tilo Roofing 11 Stratford Connecticut 12 A That's correct 13 Q Take a look at page 2 paragraph 5 14 Do you see it is entitled Jeffrey Fibers 15 A Yes 16 Q So I want to draw your attention to 17 the second sentence And before I go any further 18 you will agree that this is a document that was 19 created by Manville correct 20 A I believe so 21 MR FOUNTAIN Object to the form 22 BY MR KENNEY 23 Q right Let's go to page 2. We 24 _ are looking at Jeffrey Fibers And I want to draw 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 _ 22 23 24 Page 76 Q So this document appears to be consistent with Mr. Dobson's recollection as to the percentage of asbestos fiber coming from the two companies correct MR FOUNTAIN Objection to form THE WITNESS Appears to be BY MR KENNEY Q For the amount of fiber coming from the two companies correct A It appears to be yes Q Okay So if we go back to Exhibit 9 the Manville fiber summaries and we take a look at the summary for 1959 do you see here that Manville -- Manville supplied 863 tons of raw asbestos fiber right MR FOUNTAIN Objection to form THE WITNESS That's what it appears to say yes BY MR KENNEY Q Based on the statements in the letter which we've marked as Exhibit 10 and certainly Mr. Dobson's deposition testimony that figure represents only a third of Tilo's asbestos fiber usage in 1959 correct EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 123 123 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 77 MR FOUNTAIN Objection to form 1 THE WITNESS I believe so 2 BY MR KENNEY 3 Q In other words based on the 4 documents I showed you Tilo purchased 5 approximately 2,589 tons of raw asbestos fiber in 6 1959 7 MR FOUNTAIN Object to the form 8 THE WITNESS I can't dispute that 9 BY MR KENNEY 10 Q That is a figure you just come up 11 with by simple math correct 12 MR FOUNTAIN Objection 13 THE WITNESS I assume so 14 MR KENNEY All right 15 MR FOUNTAIN In about five 16 minutes why don't we take a short break 17 MR KENNEY Yeah If you want to 18 take a break now that's fine 19 How are you doing 20 THE WITNESS I'm okay 21 MR KENNEY Why don't we take a 22 break now I am about to go off on a 23 different topic So 24 Page 79 |: about the products they're using based on what's available to them at the time BY MR KENNEY Q correct That's important for worker safety A I believe so yes Q If individuals are mixing products or components of products and they may be hazardous in some way certainly prudent companies want to know about that correct MR FOUNTAIN Objection to form THE WITNESS Prudent companies want to keep up with what the knowledge is BY MR KENNEY Q And certainly that's important for the end user of the product too MR FOUNTAIN Objection to form THE WITNESS I would believe so BY MR KENNEY Q Prudent companies don't want to harm the end user MR FOUNTAIN Objection to form THE I WITNESS believe so Page 78 | Page 80 123 THE VIDEO SPECIALIST All right 1 BY MR KENNEY I 123 We're going to go off the record The 2 Q And likewise that is also 123 time is now 11:28 3 important for environmental reasons true 4 Break taken 4 MR FOUNTAIN Objection to form 5 THE VIDEO SPECIALIST We're going 5 THE WITNESS believe so 6 to go back on the record The time is 6 BY MR KENNEY 7 now 11:36 8 BY MR KENNEY 9 Q Do you agree that prudent companies 10 try to learn as much about the materials they use 11 to make products as safe as possible 7 Q Prudent companies don't want to harm 8 the environment needlessly 9 MR FOUNTAIN Objection to form 10 THE WITNESS That's correct 11 BY MR KENNEY 12 13 14 15 16 17 18 19 20 _ 21 22 23 24 MR FOUNTAIN Objection to form THE WITNESS I think that's -- I'm not sure I understand exactly what your question is Can you rephrase it BY MR KENNEY Q Well you would agree that prudent companies want to learn as much about the materials the raw materials that they're using or that go in to making products in order to make sure that the products they're making are safe MR FOUNTAIN Objection to form THE WITNESS I believe the manufacturers of products should know 12 Q Okay When did Tilo first learn of 13 the health hazards associated with asbestos 14 A Based on the literature they 15 knew -- they didn't hear about an association of 16 asbestos use and asbestosis back in probably the 17 mid 50s 18 Q You mentioned asbestosis Do you 19 know -- is it your testimony or is it the company's 20 _ testimony today that Tilo first learned that 21 exposure to asbestos could -- withdraw that 22 Is it your testimony today that Tilo 23 first learned of an association between asbestos 24 and asbestosis in the 1950s EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 81 123 MR FOUNTAIN Objection 123 THE WITNESS Based on the 123 literature and based on Mr. Sink's 4 testimony that's what I believe 5 BY MR KENNEY 6 Q So aside from Mr. Sink's testimony 7 do you have any other reasons to support that 8 statement 9 COURT REPORTER Reasons to 10 support 11 MR KENNEY That statement 12 THE WITNESS I believe -- I'm 13 basing it on Mr. Sink's testimony 14 BY MR KENNEY 15 Q Okay And so we know that Tilo made 16 asbestos cement siding in 1937. And is it your 17 _ testimony today that knowledge regarding the 18 association between asbestosis and asbestos was not 19 known in 1937 20 MR FOUNTAIN Objection to form 21 THE WITNESS No. It's my testimony 22 that Mr. Sink testified to their 23 knowledge in 19 --- in the mid 50s 24 1 234 234 234 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 82 1 BY MR KENNEY 2 Q Okay I'm going to show you what 3 has been marked as Exhibit 11. It's a document 4 dated June 30th 1934 from the Connecticut State 5 Department of Health correct 6 A Yes 7 Thereupon the respective 8 document was marked as Exhibit 9 Number 11. 10 BY MR KENNEY 11 Q Have you seen this document before 12 A I don't recall 13 Q right Well let's turn to page 14 4 of this document which is technically page 499 15 A Okay 16 Q You will see in the top heading of 17 _ that page it says Dust Hazards and Related 18 Problems 19 A Yes 20 Q And what does it say on the next 21 line 22 A Asbestosis General 23 Q Okay Now turn to page 507. Let 24 _ me know when you get there 1 2 3 4 5 6 7 8 9 10 11 12 13 | 14 15 16 17 18 19 20 21 22 23 24 Page 83 A Okay Q you see at the bottom of the page there is a heading entitled Asbestos Dust Hazards A Yes Q Would you agree that in 1934 the State of Connecticut recognized asbestos as a dust hazard MR FOUNTAIN Objection to form THE WITNESS It's listed here in their document BY MR KENNEY Q Okay you take a look at that first paragraph below that heading of Asbestos Dust Hazards it appears that only four plants in the State of Connecticut received asbestos in raw form during this time period correct MR FOUNTAIN Objection to form THE WITNESS That's what they say BY MR KENNEY Q So 1937 Tilo joined a pretty select club when it began purchasing raw asbestos fiber to make asbestos cement siding True MR FOUNTAIN Objection to form | Page 84 . THE WITNESS I don't know how to answer that BY MR KENNEY Q You don't know A Well a select club I don't know what you mean by a select club Q Certainly during this time period only four plants in the State of Connecticut were purchasing raw asbestos fiber True MR FOUNTAIN Objection to form THE WITNESS That's what this document says BY MR KENNEY Q So during this time period it was not common practice for companies in Connecticut to purchase and use raw asbestos in the manufacture of products MR FOUNTAIN Objection to form THE WITNESS I don't know that BY MR KENNEY Q You would agree with what that statement on page 5 of 7 is implying though correct MR FOUNTAIN Objection EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 85 1 THE WITNESS That's one 2 interpretation 3 COURT REPORTER Give him just a 4 minute to see if he's going to object 5 THE WITNESS Okay 6 MR KENNEY Okay Let me show you 7 what has been marked as Exhibit 12 8 Thereupon the respective 9 document was marked as Exhibit 10 Number 12. 11 BY MR KENNEY 12 Q Have you seen this document before 13 A I don't recall 14 Q And the document is entitled 15 Connecticut Health Bulletin and there is a date 16 there of December 1936 17 A Yes 18 Q Turn to the next page of this 19 document And the top of the page there's a title 20 that says Control of Dust Exposures in 21 Connecticut 22 A Yes 23 Q And the author of the article is 24 _ Dr. Albert S. Gray 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 87 |. Q And further down in the article under Factors in Pneumoconiosis I just want to your draw your attention to the -- I want to draw attention to the third full paragraph you'll see there It says The dust which causes the development of silicosis A huh Q So A Sorry yes Q Once you're on that paragraph I want to draw your attention to the last sentence of that paragraph where it states Certain other types of dust and those of high free silica content may cause fibrosis of sufficient extent to lead to disability Asbestos which contains but little free silica is an example of such a dust Did I read that correctly A I believe you did Q Okay So Dr. Gray is writing here that asbestos certainly is the type of dust that can cause fibrosis which is the scarring of the lung correct A He's -- he's talking about pneumoconiosis yes Page 86 Page 88 1 A That's correct 2 Q And the first sentence here states 3 Exposure to dust of the type which produces 4 pneumoconiosis presents the most serious single 1 Q And essentially with respect to his 2 _ reference to asbestos it's -- essentially he's 3 referring to asbestosis correct 4 A I don't see that 5 occupational disease hazard in the state 6 What is pneumoconiosis 7 MR FOUNTAIN Objection to form 8 THE WITNESS It's a disease of the 9 lung 10 BY MR KENNEY 11 Q Scarring of the lung 5 Q He's essentially writing that 6 certainly these dust exposures lead to the scarring 7 of the lung that may lead to disability 8 MR FOUNTAIN Object to form 9 THE WITNESS That's -- that's your 10 interpretation 11 BY MR KENNEY 12 A I believe so 13 Q Asbestosis is also considered or is 14 synonym of pneumoconiosis correct 15 MR FOUNTAIN Objection to form 16 THE WITNESS I'd have to go back 12 Q Is there any other interpretation 13 A I don't know 14 Q Do you have any other 15 interpretations 16 A do not 17 and look at my historical files on this 18 BY MR KENNEY 19 Q Fair enough Fair enough 20 But essentially Dr. Gray here is 21 writing that dust that can scar the lung is the 17 Q Do you agree that a prudent company 18 who is using raw asbestos fiber in the 1930s -- in 19 the mid 1930s and 1940s should have been on notice 20 that asbestos was a dust hazard and could cause 21 occupational disease 22 number one occupational hazard in the state at the 22 23 time correct 23 24 A __ He's saying pneumoconiosis yes 24 MR FOUNTAIN Objection to form THE WITNESS I don't know what was in the general public in that time frame EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 89 Page 91 1 and what managers of facilities knew or 2 had access to 3 BY MR KENNEY 4 Q Okay But you'll agree that 5 Exhibits 12 and Exhibits 11 were documents that 6 were created by the State of Connecticut 1 that many substances can cause cancer in humans 2 And then it goes on to list a number 3 of substances that could cause cancer As you scan 4 that you can see here that this article identifies 5 asbestos as a substance that can cause cancer 6 correct 7 A That's what they say yes 8 Q They're public documents correct 9 A believe so 7 MR FOUNTAIN Objection to form 8 THE WITNESS This document does 9 list asbestos 10 Q And fair to say that you haven't 10 BY MR KENNEY 11 reviewed any document to establish that Tilo had 12 any knowledge about potential dust hazards 13 associated with asbestos during the 1930s or 1940s 14 correct 11 Q So certainly by the 1950s reporters 12 _ for publications like the New York Times are 13 _ starting to make the public aware that asbestos can 14 lead to cancer 15 A I did not see any documentation 16 Q When did Tilo learn that asbestos 17 exposure can lead to the development of cancer 15 MR FOUNTAIN Objection to form 16 MR OSWALD Objection to form 17 BY MR KENNEY 18 A In the documentation we saw some 18 19 reference to potential cancer outcomes in the late | 19 20 60s 20 Q Would you agree to that MR FOUNTAIN Same objection THE WITNESS Asbestos is listed in 21 Q I show you what's been marked as 22 Exhibit 13 21 this column yes 22 BY MR KENNEY _ 23 23 Q Do you agree that certainly if Tilo 24 24 wanted to know whether asbestos had the potential Page 90 | Page 92 1 Thereupon the respective 2 document was marked as Exhibit 3 Number 13. 4 BY MR KENNEY 5 Q Very small print And I apologize 6 in advance so I will do my best to kind of read it 7 for you 8 You see at the top of the page of 9 this exhibit it says Science in Review 10 A Yes 11 Q Tobacco industry acts to determine 12 whether cigarettes and lung cancer are related 13 A Yes 14 Q Okay This is for the New York 15 Times dated January 10 1954. Do you see that on 16 the top 17 A Oh yes 18 Q Okay Now if we look at the second 19 column there is a heading entitled Many Causes 20 A Yes 21 Q Okay And it indicates that after 22 World War II when the death rate from lung cancer 23 _ began to alert public health authorities to a new 24 health hazard studies the world over established 1 to cause cancer that information was certainly in 2 _ the public and knowable 3 MR FOUNTAIN Objection to form 4 THE WITNESS I don't know when Tilo 5 first became aware of this 6 BY MR KENNEY 7 Q And we talked about cancer but I 8 want to be a little more specific now 9 When did Tilo learn that asbestos 10 exposure can lead to the development of 11 mesothelioma 12 13 14 15 __ 16 A I did not see anything in the literature to suggest a time frame Q Okay Let me show you a document that's been marked as Exhibit 14. Have you seen this document before 17 A I don't recall 18 Thereupon the respective 19 document was marked as Exhibit 20 Number 14. 21 BY MR KENNEY | 22 Q Okay Well again I apologize in 23 advance for the small and fine print but that's 24 ~ what we're stuck with EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 93 | Page 95 As you can see at the top there this is a document from the Bridgeport Post dated October 6 1964 1 THE WITNESS That's what it 2 concluded 3 BY MR KENNEY A Yes 4 Q Then if we look at the next Q And actually right below that there's an article heading entitled Asbestos Linked to Lung Cancer Do you see that A Yes I do Q And if you read the first two paragraphs you will see that this article not only mentions an association between asbestos and lung cancer but it states that evidence is mounting that asbestos causes a specific type of cancer called mesothelioma Correct A Honestly I need to get my eyes checked I can't read that Q Okay Let me see if I can read that for you I agree It is small print and I apologize for that It says New York Medical 5 6 7 8 9 10 11 12 _ 13 14 15 16 17 paragraph -- and again I'll read it -- it says quote Dr. Hammond said one worry is whether a few or a even single past exposure even by persons generally might set the stage for cancer Did I read that correctly A believe you did Q Okay So certainly this article is reporting on the fact that small or even single exposures may put a person potentially at risk for developing mesothelioma correct MR FOUNTAIN Objection to the form THE WITNESS That's what 18 Dr. Hammond says 19 BY MR KENNEY 20 Q Let me show you what has been marked 21 as Exhibit 5 sic 22 MR FOUNTAIN 15 specialists pointed a strong finger of suspicion 23 MR KENNEY I'm sorry Almost time today at asbestos as a cause not only of lung 24 for a break I guess 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 _ 22 23 24 Page 94 cancer but also of another extremely rare form of fatal human cancer This cancer known as mesothelioma involves the lining of the abdominal and chest cavities Do you see that there A assume you read it correctly Q So certainly in 1964 a local newspaper in the city of Bridgeport is reporting on an association between asbestos and mesothelioma correct A That's what it appears to be yes Q And I'm going to read this for you because I know it's small print again But if we look over to the right it's the fourth column The first full paragraph there states The cancers may not appear until 20 to 30 years after asbestos dust is inhaled or swallowed Do you see that there A Yes Q So certainly this article here is kind of providing information that there is a long latency between exposure and the development of disease correct MR FOUNTAIN Object to the form 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 222 222 222 _ Page 96 Thereupon the respective document was marked as Exhibit Number 15. BY MR KENNEY Q I'm going to show you what's been marked as Exhibit 15. And again I should have brought a magnifying glass for you But this again is another article that's from the Bridgeport Sunday Post dated March 13th 1966 And you know we havea different publication here On the top hand corner do you see the title article that says Hospital Staff to Get Asbestos Talk A Yes Q And apparently the hospital in question if you read the first sentence is St. Vincent's correct A I don't see that There it is Q The quarterly meeting of St. Vincent's Hospital medical staff A Yes Q Okay So they are having their quarterly meeting and St. Vincent's according to this article is having a lecture to discuss EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 97 Page 99 pleural mesothelioma correct A says Yeah I believe that's what it Q This is in March of 1966 correct A Yes Q Okay And in the second column here it says that Dr. Lobdell will present quote incidents of asbestos bodies in lungs of Bridgeport inhabitants Do you see that Top A Okay Q know What are asbestos bodies Do you A I don't know for sure 1 yourself for a minute there and let me know when 2 you've finished reading it 3 A Okay 4 Q Do you agree that in this letter in 5 _ this specific paragraph -- withdraw that 6 Do you agree that this paragraph 7 acknowledges that quote only slight exposure 8 even at some distances can be potentially 9 hazardous when dealing with asbestos 10 MR FOUNTAIN Objection to form 11 THE WITNESS That's what 12 Dr. Donneley says -- Donaldson I'm 13 sorry 14 BY MR KENNEY Q Okay Have you seen any document from Tilo that even references the word mesothelioma between the years 1937 and 1966 A don't recall any Do you recall the first document that you reviewed that references -- well I'll withdraw that MR KENNEY How are we doing the tape 15 Q Does the company -- does RADCO agree 16 with that statement that only slight exposures 17 to asbestos even at some distance can be 18 potentially hazardous 19 MR FOUNTAIN Object to the form 20 THE WITNESS I think that RADCO 21 would want to quantify words such as 22 slight and some distance 23 BY MR KENNEY THE VIDEO SPECIALIST You still 24 We've -- up until this document Page 98 have about 15 minutes MR KENNEY I'm going to go out of order a bit on some of these exhibits but I'm going to show you an exhibit that I marked as Exhibit 39 Thereupon the respective document was marked as Exhibit Number 39. BY MR KENNEY Q Have you seen this document before A Yes I have Q And this is a document that's dated September 18 1967 A Yes it is Q And it's a letter from a Dr. Donaldson to Tilo's personnel director correct A That's correct Q If we turn to the second page the paragraph in the middle of that page states -- it's the first sentence there It says quote Asbestos is utilized in your product A Yes Q Now you read that paragraph to 1 2 3 4 5 6 7 8 9 | 10 11 12 13 14 15 16 17 18 19 | 20 21 22 23 24 Page 100 which was written on December 18th 1967 we've seen some newspaper articles regarding asbestos and mesothelioma correct A Yes Q And those documents have talked about the fact that only slight or even a single exposure to asbestos could lead to the development of mesothelioma correct MR FOUNTAIN Objection to form THE WITNESS Those were the opinions of the authors yes BY MR KENNEY Q Does RADCO hold that same opinion as to whether or not a single exposure to asbestos could potentially lead to the development of mesothelioma MR FOUNTAIN THE WITNESS I BY MR KENNEY Objection form don't think so Q = You don't think so A No. Q No Or you don't know Yes no or I don't know MR FOUNTAIN Object to form EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 23 23 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 101 THE WITNESS A lot of people have a 1 lot of opinions on this and it's still 2 argued today So ... 3 BY MR KENNEY 4 Q You don't know 5 A No. 6 Q Okay I will show you what has been 7 marked as Exhibit 16. Let me know if you have seen 8 this document 9 A I think so 10 Thereupon the respective 11 document was marked as Exhibit 12 Number 16. 13 BY MR KENNEY 14 Q Okay This is a call report a 15 Manville call report and it appears to be 16 dated December 26 1968 17 A Yes 18 COURT REPORTER One more time on 19 the date 20 BY MR KENNEY 21 Q This Exhibit 16 is a Manville 22 call report dated December 26 1968 22 A Yes 22 Page 103 A I don't believe so Q This is a -- you will agree that this is a New Yorker article that was published in the October 12 1968 issue A That's what it indicates Q And it's entitled The Magic Mineral by Paul Brodeur A That's what it says yes Q you look at the date of the New Yorker article and the date of Exhibit 16 -- in the Exhibit 16 call report you will see that this New Yorker article was published two months before the call report referenced in Exhibit 16 correct The New Yorker article was published on October 12 1968 and the M call report is dated December 26 1968 A That's correct Q before You've never read this article A I don't think so Q And you haven't seen this in any of the documents that you reviewed for Tilo A I don't believe so Q Okay I will skip that then 123 123 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1232 1232 1232 Page 102 Q You can see in the pertinent data 1 section there is a reference to Clinton Reed -- 2 And Mr. Reed was an employee of 3 Tilo correct 4 A I believe he was 5 Q Okay 6 -- wants quote New Yorker 7 article And it was mailed December 20th along 8 with position paper 9 Do you see that there 10 A That's what this says yes 11 Q Do you know what that reference 12 means to the quote New Yorker article 13 A No do not 14 Q Have you seen the New Yorker article 15 in question 16 A don't know 17 Q Just to be sure I'm going to show 18 you what's been marked as Exhibit 17 19 Thereupon the respective 20 document was marked as Exhibit 21 Number 17. 22 BY MR KENNEY 23 Q Have you seen this document before 24 Page 104 |: In 1961 Tilo was acquired by what company Have we -- have you -- A Have we decided Q Yes A A subsidiary of Reynolds It was Reynolds Building Supply Company Q Now at the time Reynolds was one of the world's largest aluminum companies correct A I don't know that Q It was a big company in 1961 Reynolds was a very big company correct A honestly don't know how big it was in 1961 in comparison to other companies Q Do you know whether or not it employed industrial hygienists like yourself during that time period A I believe so Q Do you know whether or not it had libraries that contained medical and scientific journals A I believe in Homer Cole's deposition he was asked that And there was a time there was a library but I don't know the time frame Q Okay So in 1961 what did Reynolds EPPLEY COURT REPORTINGREPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 105 1 know about the potential hazards associated with 2 asbestos exposure 3 A I don't know specifically what they 4 were doing in '61 5 MR FOUNTAIN Objection 6 BY MR KENNEY 7 Q Would you agree that by 1961 it 8 would have known that asbestos exposure could lead 9 to asbestosis 10 MR FOUNTAIN Objection to form 11 THE WITNESS I don't know what 12 they -- 13 BY MR KENNEY 14 Q So you just don't know 15 A I don't know 16 Q Fair enough So you -- based on 17 that testimony it's fair to state that when the 18 acquisition occurred in 1961 you don't know what 19 information if any was communicated to Tilo 20 regarding the potential health hazards associated 21 with asbestos 22 A That's correct 23 Q Okay In your review in preparation 24 __ for today have you seen any evidence that it -- at Page 107 1 of Media Number 1 2 Lunch break taken 3 THE VIDEO SPECIALIST We're going 4 to go back on the record The time is 5 now 1:02 This will be the beginning of 6 Media Number 2 7 BY MR KENNEY 8 Q Ms. Maillet I want to refer back to 9 Exhibit 5 which has been marked previously and 10 _ it's Answers to Interrogatories that Reynolds 11 Aluminum Development Company filed in the Consolini 12 case And I just kind of want to backtrack and 13 discuss another corporate history and what happened 14 in 1961 and thereafter 15 According to this preliminary 16 statement it states that in 1961 Reynolds 17 acquired Tilo Roofing Company Do you agree with 18 that statement 19 A Yes that's what it says 20 Q And then after that thereafter the 21 name was changed to Tilo Company Inc. which I 22 _ think we established previously correct 22 A Correct 24 Q And then from there it goes on to Page 106 Page 108 }. 1 any point between 1937 and 1969 that Tilo 2 performed any sort of product testing to determine 3 whether its asbestos cement siding products were 1 say that Tilo operated as a distinct wholly owned 2 _ subsidiary of Reynolds correct 3 A Correct 4 safe to use 5 A I did not see anything 6 MR KENNEY How are we doing on the 7 tape 4 Q And you agree with that statement 5 A Yes do 6 Q You have no reason to disagree with 7 that statement 8 THE VIDEO SPECIALIST Ten minutes 8 A That's correct 9 MR KENNEY All right 9 Q And from there it says that Tilo's 10 MR FOUNTAIN If you want to break 10 name was changed in 1980 to Reynolds Aluminum 11 that's fine with me 11 Building Products Company 12 MR KENNEY How are you 12 Do you see that there 13 THE WITNESS Whatever you -- 13 A Yes 14 MR KENNEY It's 12:05 Want to 15 keep going 14 Q No reason to disagree with that 15 statement 16 MR FOUNTAIN Are you at a breaking 16 A That's correct I 17 point 18 MR KENNEY can stop now if 17 Q And then in 1989 the company name 18 19 you was changed to Reynolds Aluminum Development want but maybe we should just to -- I'm 19 Company correct 20 about to go into a different topic 20 A That's what it 21 So -- says yes 21 Q And we've been using the name 22 THE VIDEO SPECIALIST All right 22 RADCO for short 22 We're going to go off the record The 22 time is 12:09 and that will be the end 23 A That's correct 24 Q So far as your understanding of EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 109 Page 111 1 kind ofjust the corporate -- the corporate name 2 _ changes and things like that you agree that what's 3 contained in Exhibit 5 is a correct kind of 4 reading of that history 5 A I don't know personally but I have 6 no reason to dispute it 7 Q Okay And then before I go on I 8 just wanted to take a look at Exhibit 10 9 I asked you earlier whether you knew 10 a percentage of asbestos that was contained in the 11 asbestos cement siding products made by Tilo Do 12 you remember that 13 A Yes 14 Q And you said that you weren't sure 15 A Yes 16 Q you didn't know 17 Exhibits 10 11 I'm just curious to 18 see whether or not this refreshes your memory 19 I because believe you did recall seeing this 20 document 21 If you look at Exhibit 10 here Item 22 2 it says Their process 23 Do you see that there 24 A Yes 1 A That's what it says yeah 2 Q So if we total that it appears that 3 the asbestos cement siding product made by Tilo 4 contained 15 percent asbestos Is that a fair 5 statement 6 A According to M yes 7 Q You have no reason to dispute that 8 A have no information 9 Q Have you seen Exhibit 18 before 10 A I don't think so 11 Q No Okay 12 Thereupon the respective 13 document was marked as Exhibit 14 Number 18. 15 BY MR KENNEY 16 Q And Exhibit 18 just for the record 17 _ is -- appears to be a drawn diagram 18 A Correct 19 Q 20 = Tilo 21 A And on the top of the page it says Yes 22 Q Okay And you can see in the middle 23 of that diagram the word asbestos 24 A Yes Page 110 | Page 112 1 Q And it goes on to say They make an 2 asbestos cement shingle by wet process using a 3 typical mix as follows 4 And it's 60 percent cement correct 5 A Correct 6 Q 25 percent limestone 7 A Yes 8 Q And 5 then percent Jeffrey 5K04 9 which we agree is asbestos fiber correct 10 A I believe so 11 THE VIDEO SPECIALIST Put your mic 12 on 13 THE WITNESS Sorry 14 THE VIDEO SPECIALIST That's all 15 right Thank you 16 BY MR KENNEY 17 Q So percent Jeffrey asbestos 18 correct 19 A Correct 20 Q 5 percent asbestos correct 21 A assume so 22 Q And then another 5 percent of 23 Johnson asbestos but it appears to be a different 24 grade 1 Q And then there is a circle and in 2 that circle it says old landfill 3 A Yes 4 Q And then below that there is a 5 reference to quote current landfill 6 A Yes 7 Q Q Did Tilo operate a landfill or a 8 dump on its property in Stratford Connecticut 9 A According to the documents and 10 testimony I believe it did 11 Q During what years did the dump 12 operate 13 A I don't think I know that 14 Q Let me show you what's been marked 15 as Exhibit 19 16 Thereupon the respective 17 document was marked as Exhibit 18 Number 19. 19 BY MR KENNEY 20 Q Have you seen this document before 21 A I'm not sure 22 Q And this document is -- was created 23 _ by the Connecticut State Department of 24 Environmental Protection correct EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 113 1 MR FOUNTAIN Object to the form 1 2 BY MR KENNEY 2 3 Q Do you see at the top of -- the 3 4 heading of this document it states Connecticut 4 5 State Department of Environmental Protection 5 6 A That's what it says yes 6 7 Q Then below that there's a subject 7 8 section that states Stratford Connecticut a 8 9 review of a permit application to continue a waste 9 10 roofing disposal operation for the Tilo Company 10 11 April 21 1975. 11 12 Did I read that correctly 12 13 A I believe so 13 14 Q Okay In the introduction section 14 15 of this document it states that quote The Tilo 15 16 Company has been disposing of waste materials from 16 17 _ their Stratford plant on their adjoining property 17 18 for over 30 years 18 19 Do you agree with that statement 19 20 A That's what it says yes 20 21 Q So if we just again kind of do 21 22 simple math it appears that Tilo has been 22 23 operating a dump on its property since at least 23 24 1940 correct 24 Page 115 failure to cover large quantities of these wastes True A It says that Tom Pregman drafted a notice of violation Q Yep Calling for cover of large quantities of these wastes correct A Yes that's what it says Q Apparently during the visit the dump or the landfill on the property was not covered and that appeared to be in violation correct MR FOUNTAIN Objection to form THE WITNESS What it says here is that he drafted a notice of violation for cover BY MR KENNEY Q Okay Do you agree that containing materials were discarded at the Tilo dump MR OSWALD Object to the form THE WITNESS I don't know what they were BY MR KENNEY QI QI will show you what's been marked Page 114 123 MR OSWALD Object to the form 123 I'm not sure how it's referred to in this 123 document 4 THE WITNESS I believe -- 5 MR OSWALD I don't have it 6 THE WITNESS It's what it says 7 over 30 years 8 MR FOUNTAIN It would be '45 9 but -- 10 COURT REPORTER Say it again 11 THE WITNESS It says had been on 12 the adjoining property for over 30 years 13 The date was 1975 so that's '45 14 BY MR KENNEY 15 Q So approximately 1945 Tilo operated 16 dump on its property 17 A According to this document 18 Q According to this document 19 You don't have any reason to dispute 20 that do you 21 A I don't have any information 22 Q And actually if you look at the 23 second sentence here it appears that Tilo was 24 _ given a notice of violation for the company's 1 2 3 4 5 6 7 8 9 10 | 11 12 13 14 | 15 16 17 18 19 20 21 22 23 24 Page 116 | as Exhibit 20. Let me know if you have seen this document before A I don't believe I have I'm not sure though Okay I don't recall Thereupon the respective document was marked as Exhibit Number 20. BY MR KENNEY Q At the top of Exhibit 20 is -- -is entitled Potential Hazardous Waste Site Preliminary Assessment correct A Yes Q At the bottom hand of the page the date is October 9th 1984 A Okay Q industrial Just curious in your work as an industrial hygienist have you seen these types of documents in the past A I may have but it wasn't common Q Okay I want to draw your attention to the bottom portion of the page There's a box entitled 05 Description of Potential Hazard to Environment and Pollution Do you see that there EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 117 Page 119 A Yes Q Below that it is written quote Asbestos was historically disposed of at site in question And it says Asbestos is not listed -- 1 A The risk is only there if it's -- 2 something mechanically happens to the material 3 Q Let me show you a document marked as 4 Exhibit 21 not even listed as a hazardous waste There is however a potential public health problem should asbestos particles become airborne Did I read that correctly 5 Thereupon the respective 6 document was marked as Exhibit 7 Number 21. 8 BY MR KENNEY A I believe so Q certainly this document indicates that asbestos was disposed of on the Tilo property correct A That is what this individual wrote 9 Q Have you seen this document before 10 A I believe I have 11 Q Okay This is a document dated June 12 9th 1981 and certainly the cover page here is on 13 Reynolds Aluminum letterhead yes 14 A Yes _ Q In fact if we look at the box above 15 Q Do you know what this document is it Number 4 Description of Substances Possibly 16 Can you explain this to me Present Known or Alleged it indicates that 17 A need to look at it for asbestos was detected in samples taken from the 18 a minute Q Sure Take your time facility's waste site correct 19 A So this is a letter from Mr. A That's correct Tropea 20 to the EPA I believe the EPA asked for some Q So they actually had sampling 21 information and I believe what he's performed and found asbestos present in those 22 saying is samples correct that again paraphrasing that we will give you 23 this information but we don't feel like we fall A That would be an assumption 24 under this particular regulation ; Page 118 Page 120 |: 1 QI would like for you to turn to the 1 _ 23 third page of this document This Q Fair enough Then on page 2 of that section is -- 2 document is -- looks like a form EPA Notification 23 Part 3 section is entitled Potential Hazardous 3 of Hazardous Waste Site 4 Waste Site Preliminary Assessment Description of 4 Do 5 Hazardous Conditions and Incidents you see that up at the top of the 5 page there 6 Do you see that there 6 A Yes do 7 A Yes 8 7 Q And when I saw this I noticed that Q And at the middle of the page there 8 Reynolds identifies the dates of 9 is some handwriting correct waste handling as 9 1961 through 1980. Do you see that there 10 A Yes 10 A Yes I do 11 Q It says quote Asbestos particles 12 can become airborne and affect the public health 11 Q And actually you know looking 12 back at the _ 13 Do you see that there documents we looked at a couple of 14 A Yes 13 minutes ago certainly there appears to be evidence 15 14 to suggest that the dump on the Tilo property Q Do you agree with that statement 15 actually was in operation in 1945 not 16 A Something would have to be -- would 16 correct 1961 17 have to happen to make the particles airborne I 18 don't believe that it would become airborne just 17 A can't say that it was It may 18 have been 19 _ sitting there in the cement 20 Q But you agree that that is certainly 21 risk from -- that is certainly a risk when one 22 disposes of asbestos waste in a landfill correct 23 There is a risk that the asbestos fibers can become 24 airborne 19 Q And also I noticed here that in _ here 20 terms of the hazardous waste materials listed 21 solvents and then -- you know you can see that box 22 on the bottom hand corner Solvents is 23 checked and then Number 18 Other asphalt roof 24 manufacturing is checked EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 121 Asbestos is never referenced at all on this Do you know why that is A No I don't Q You agree that at the time this document was filed with the U.S. Environmental Protection Agency Reynolds certainly knew that asbestos had been discarded in the dump at the Tilo facility correct A I don't know what they knew I don't know if there was one dump or if there was change in practices from 1961 to 1980 or -- I don't know what the situation may have been Q Okay I'm going to show you a document that I've marked as Exhibit 22. Let me know if you've seen this document before Thereupon the respective document was marked as Exhibit Number 22. THE WITNESS I don't recall BY MR KENNEY Q Okay Well just for the record this document is dated October 28th 1980. Do you see that at the top hand portion of the page A Yes do 1 2 3 4 5 6 7 8 9 | 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 123 parenthesis Tilo A That's what it says Q Stratford Connecticut Okay Let me show you Exhibit 23. And again let me know if you have seen this document before A I think I have Thereupon the respective document was marked as Exhibit Number 23. BY MR KENNEY Q Okay And this is a document dated November 8th 1980. Correct A Correct Q is written by a Lee McManus an engineering account executive A Yes Q Special accounts unit A Yes sir Q Okay And if we look at the second paragraph again the second sentence Mr. McManus writes quote Also we understand that there is asbestos waste material buried behind the plant Do you see that there Page 122 Page 124 Q And this is on the Travelers 1 A Yes memorandum -- Travelers letterhead A see the Travelers memorandum Q And this document appears to be authored by a William E. Lisheid -- or Lisheid D A Yes I see that Q He is apparently the engineering account manager A Yes sir Q So if you go back to the first page of the document this document indicates in the third full paragraph second sentence quote There is a lot of asbestos material buried in the land behind the plant Do you see that there A do Q And the plant in question here is the Tilo facility in Stratford Connecticut correct A I believe that is who he's referencing Q The subject is Reynolds Aluminum Building Products Company and then in 2 Q Okay And if you look at page 2 of 3 this document a representative of Reynolds Metals 4 _ is sent a courtesy copy of this document correct 5 A Mr. Sasser 6 A Yes I see that 7 Q And he is the corporate safety 8 director of Reynolds Metals or was at that time 9 A That's what it says yes 10 Q So this document a November 8th 11 1980 document was generated a full six months 12 before Reynolds makes the disclosure to the EPA 13 about the waste site 14 Can you explain to me why Reynolds 15 never discloses the fact that asbestos is in the 16 landfill on the Tilo property 17 MR FOUNTAIN Object to the form 18 MR OSWALD Object to the form 19 MR FOUNTAIN As a hazardous waste 20 Is that the document you're referring to 21 MR KENNEY The document I'm 22 referring to is Exhibit 21 the 23 submission by Reynolds 24 THE WITNESS Well as I indicated EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 125 Page 127 | 1 earlier I'm not sure that we are talking 2 about the exact same location It could 3 have been one dump area and another dump 4 area 5 Secondly this is a notification of 6 hazardous waste and asbestos was not 7 considered a hazardous waste by EPA 8 definition 12 to dump its asbestos waste on its property 2 MR FOUNTAIN Objection to form 3 THE WITNESS Well as an industrial 4 hygienist that was involved with asbestos 5 waste from time to time asbestos waste 6 actually the place they are supposed to 7 go is a landfill 8 BY MR KENNEY 9 BY MR KENNEY 10 Q Well if we look at Exhibit 20 and 11 you look at the bottom of Exhibit 20 it looks like 9 Q Would you agree that -- well this 10 _was an active landfill correct The Tilo property 11 was an active landfill | 12 Mr. Michael Dones O of the DEP authored 12 13 this document 13 MR FOUNTAIN THE WITNESS Objection to form don't know I 14 A It appears so 14 BY MR KENNEY 15 Q Okay And if you look at page 2 16 under Section 4 of Hazardous Substances he 17 identifies asbestos as a hazardous substance 15 16 _ 17 Q Would you agree that the tilling of soil has the potential to release asbestos fibers into the air 18 doesn't he 19 A He does But it's not a hazardous 20 waste There's a distinction 21 Q And that hazardous substance was 22 discarded in a landfill of Tilo property True 23 MR FOUNTAIN Objection to form 24 THE WITNESS I don't know that but 18 A No I wouldn't agree with that It 19 depends on what's in the soil and depends if 20 there's any asbestos material around 21 Q Well I will go back to the Tilo 22 property itself We know that asbestos waste was 23 dumped on the Tilo property correct in a 24 _ landfill Page 126 12 that's what the documents say 12 MR KENNEY Fair enough 3 BY MR KENNEY 4 Q Now I want to stick for a couple of 5 minutes on the Tilo dump and the site itself Is 6 there any evidence to suggest that Tilo had any 7 policies or procedures in place related to the 8 discarding of asbestos materials at its dump site 9 prior to 1970 10 A I didn't see any formal written 11 program 12 Do you agree that when it comes to 13 asbestos a prudent company will have policies and 14 procedures in place for the proper discarding of 15 containing materials 16 MR FOUNTAIN Objection to form 17 THE WITNESS I think that you need 18 to look at the circumstances of what the 19 plant was doing and how they are handling 20 their materials 21 BY MR KENNEY 22 Q As an industrial hygienist would 23 you allow an asbestos cement siding company that 24 _ was located in close proximity to residential homes 1 23 23 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 | 24 Page 128 A That's what the documents say yes Q You don't have any evidence to dispute that correct A Correct Q So assuming that's the case don't you agree that the tilling of soil certainly has the potential to release asbestos fibers into the air MR FOUNTAIN Objection to form THE WITNESS Not necessarily so BY MR KENNEY Q Do you agree -- again we are going on the assumption and based on the evidence here that asbestos waste was discarded in the landfill on the Tilo property Do you agree that the use of loaders to move soil in a dump has the potential to release asbestos fibers into the ambient air A Again it depends on the activity and what's there Q Do you agree that digging asbestos scrap could lead to the release of airborne asbestos into the air A It depends on the activity and how EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 129 Page 131 1 it's handled 2 Q Do you agree that the simple act 3 _ itself of dumping asbestos scrap into a dump could 4 lead to the release of asbestos into the air 5 A It depends on the condition of the 6 asbestos and how it's handled 7 Q Was any air monitoring ever 8 performed to determine whether asbestos fibers were 9 _ being released into the air when the landfill was 10 in operation 11 A I don't know 12 Q Do you agree that the dump on the 13 Tilo property caught fire several times during the 14 1950s 60s and 70s 15 A read about some fires on the 16 . property I don't recall if it was a dump or the 17 asphalt 18 Q I'm going to show you what I marked 19 as Exhibit 24. I have highlighted this for you 20 because again it's again tough to read 21 Actually I'll hand you a magnifying glass too 22 and see if that helps 23 A Give it a shot 1 ten other you know grass brush and dump fires 2 Do you see that there 3 A Yes I do 4 Q Do you agree that the -- that first 5 responders who fought that fire in the dump were 6 certainly at risk of exposure to asbestos 7 MR FOUNTAIN Objection to form 8 THE WITNESS Not necessarily so 9 BY MR KENNEY 10 Q What's your basis for that 11 A Well first of all we don't know 12 the segment of the landfill that they were fighting 13 just could have been asphalt roofing 14 Secondly they are protected in the 15 exposures that they -- they're protected from all 16 sorts of things that come off from fires from all 17 _ sorts of places So they would be protected from 18 whatever came off of this fire 19 Q In your capacity as an industrial 20 hygienist have you read any articles or any 21 documents whatsoever regarding the ability of fire 22 to liberate asbestos fibers from products and waste 23 materials 24 24 A don't remember any specifically Page 130 Page 132 | 123 Thereupon the respective 123 document was marked as Exhibit 123 Number 24. 4 MR OSWALD Did you bring two ' 5 BY MR KENNEY 6 Q Okay So I've handed you what has 7 been marked as Exhibit 24. Have you seen this 1 Q Okay Exhibit 25 again you may or 2 may not have seen this Let me know if you have 3 A I don't recall this one 4 Thereupon the respective 5 document was marked as Exhibit 6 Number 25. 7 BY MR KENNEY 8 document before 9 A I believe I have 10 Q right And again this is a 11 document -- this is a newspaper article or 12 newspaper section from the Bridgeport Post dated 8 Q Okay This is dated -- tough to 9 read but Exhibit 25 is dated March 18th 1965 10 And it's from the Bridgeport Post a page out of 11 the Bridgeport Post 12 A That's correct 13 July 3 1957 correct 14 A Yes 15 Q right And I want to draw your 16 attention to the highlighted section in the top 17 hand corner of the page 18 Do you see where it says Stratford 19 Firemen at dump fire Nine Hours 20 A Yes 21 Q And the article reads that the 22 Stratford firemen battled a blaze at the Tilo 23 Roofing Company's dump on Longbrook Avenue nine 24 hours yesterday and were also kept in action by 13 Q And at the top hand section of 14 __ 15 16 17 18 19 the page there's a reference to the fire loss Basically the chief -- Chief Lockwood's report on fire loss And in the third full paragraph it indicates that the Tilo Company Factory on Longbrook Avenue had an outdoor grass or dump fire And do you see that reference there 20 A It says there was a fire at the Tilo 21 Company 22 Q One was at the Tilo Company Factory 23 on Longbrook Avenue right 24 A That's correct EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 2017 Page 133 |: Page 135 123 Q So again just another reference of 123 another fire at the property correct 123 A That's what it says 4 Q right If show you Exhibit 5 26 6 Thereupon the respective 7 document was marked as Exhibit 8 Number 26. 9 BY MR KENNEY 10 Q We have another encounter at the 11 Tilo dump between firefighters and fire correct 12 There is a fire at the Tilo dump and the 13 firefighters battled the blaze for an hour 14 A That's what it says yes 15 Q right Then Exhibit 27 is 1 THE WITNESS Considering that if 23 the waste was of the asbestos cement no 3 I don't believe that it would have helped 4 release fibers into the air 5 BY MR KENNEY 6 Q You read Mr. Sink's deposition 7 testimony correct 8 A did 9 Q And he's testified in the past about 10 _ the integrity of the asbestos cement siding 11 product hasn't he 12 A I did see that yes 13 Q Again he testified that the 14 asbestos cement product that Tilo made was very 15 brittle -- 16 another article from the Bridgeport Post on March 17 = 18th 1966 18 Thereupon the respective 19 document was marked as Exhibit 20 Number 27. 21 BY MR KENNEY 22 And you see that heading there 23 Fire is Fought for 13 hours at Rear of Tilo 24 _ Roofing Company | 16 17 18 19 20 21 22 23 24 A That's correct Q -- and would break very easily A He did say that Q Did you also in reviewing the documents see indications that Tilo would also grind scrap material the asbestos siding scrap material A I don't remember that Q Okay Page 134 Page 136 |. 1 A Yes I do 2 Q And it indicates here that 3 Stratford firemen yesterday battled a stubborn 4 blaze in scrap tar paper and discarded tile in the 5 rear of the Tyler Roofing Company Longbrook Avenue 6 for 13 hours 7 A Yes 12 A Back to your question on what the 12 firefighters were doing just like the ad they're 3 probably putting water on it which is a great dust 4 suppression technique as opposed to creation 5 Q There was an awful lot of fire 6 _ before the water is put on it though right 7 A I don't know 8 Q And in the fourth paragraph Chief 9 Schelbel is quoted as saying that the blaze was 10 extremely difficult to fight because it kept 11 smoldering underneath and flaring up again 12 A Yes I see that Probably make it 13 an indication that it was asphalt 14 Q There is no evidence that Tilo 15 segregated its asphalt waste from its asbestos 8 Q Well all right I'm going to show 9 you Exhibit 28 which is another Bridgeport Post 10 article from March 21st 1966 where again we 11 have another incident of fire at the Tilo dump 12 Thereupon the respective 13 document was marked as Exhibit 14 Number 28. 15 BY MR KENNEY 16 _ waste is there 17 A I don't know that they did There 18 is no evidence that they didn't 19 Q you have a position as to whether 16 Q And as you can see there that fire 17 occurred not more than two days later than the 18 other fire that we just discussed All right Let 19 me move on 20 _ the actions of the fire department in fighting the 21 fire would have increased the likelihood that 22 _ asbestos fibers were liberated into the air 23 MR FOUNTAIN Objection to the 24 form 20 A Okay 21 Q Based on what we've seen with 22 respect to EPA reports and these articles from the 23 Bridgeport Post would you agree that the dump on 24 the Tilo property was an open dump And by that I EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 _ 24 Page 137 mean the waste products that were discarded were discarded on top of the land for a period of time A I don't know that Q am going to show you what's been marked as Exhibit 40 Thereupon the respective document was marked as Exhibit Number 40. BY MR KENNEY Q This is a document that has a heading of State of Connecticut Department of Environmental Protection and it's dated February 25th 1975. Do you see that there A do Q Have you seen this document before A I don't recall Q Okay you take a look at it essentially in this document Tilo has applied for permit to dump certain waste products on its property correct A I think so yes Q we look at page 2 it appears that the disposal area that Tilo wants to use is to be operated whenever the plant is in operation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 _ 18 19 20 21 22 23 24 Page 139 |. under the direction of plant personnel So according to this document it appears that this was an active dump where waste was being discarded on top of the land correct A Yes Q And then on a routine basis it appears here once every four months or so an outside contractor was coming in and essentially burying the waste on the property or using fill to cover the waste correct A That was requesting in 1975 when they just had asphalt waste Q Right So my question is -- we have this document this request in 1975 and then we've seen documents from the Bridgeport Post from the 1960s which indicate that firefighters were battling you know blazes of asphalt shingles and scrap tile that had caught fire which would indicate that the products were being discarded on top of the land correct MR OSWALD Object to the form There is a lot in that question THE WITNESS Well I don't know if that's what it says Can you break that : Page 138 Page 140 123 currently from 6:30 a.m. to 10:30 p.m. for five 123 days per week Do you see that there 1 question down for me 2 MR KENNEY 123 A Yes I do 4 Q So this was certainly an active 5 operation in terms of the dump on the Tilo 6 property You know it was being run and operated 7 five days a week 8 A Yes it appears so 9 Q Okay And if you look at Number 5 10 on page 2 here it says that the approximate rate 3 Q The exhibits that we have marked to 4 date in this deposition would you agree that as it 5 relates to the dump that Tilo's operations and how 6 it handled the waste was as follows Tilo would 7 discard the waste materials on its property it 8 would be aboveground for a period of time and then 9 at some point thereafter Tilo would then seek to 10 cover it over 11 of disposals 1100 cubic yards per year 11 12 So that's approximately how much 12 13 waste was being disposed of on the property during 13 MR FOUNTAIN Objection to form THE WITNESS I don't necessarily agree with that I don't -- the 14 _ this time period or how much they wanted to dispose 15 of on the property during this time period 16 MR FOUNTAIN Objection 17 THE WITNESS I don't know how much 18 they wanted to but that's what they're 19 asking 20 BY MR KENNEY 21 Q Then in Number 7 it makes reference 22 to the fact that leveling and covering is to be 23 accomplished on a routine basis of once every four 24 months by an outside contractor using his equipment | 14 15 16 17 18 19 20 21 22 23 | 24 newspaper articles indicated there were fires BY MR KENNEY Q Right A They didn't say they were surface fires It could have been any kind of fire I don't know what it was And in - Q Well was it an underground fire A don't know Q Could have been an underground fire A It could have been partially EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 23 23 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 Page 141 covered I don't know It could have been 1 anything But it just says they responded to the 2 landfill The 1975 document states how they want 3 to go forward handling the asphalt waste That's 4 all To me it says This is how we want to handle 5 our asphalt waste 6 Q Have you seen any evidence on the 7 documents that we've reviewed to suggest that the 8 workers who went into the dump to discard waste 9 were ever protected in any way 10 A I don't remember seeing anything 11 about the workers 12 Q Let me show you what's been marked 13 as Exhibits 29 and 29 14 Thereupon the respective 15 documents were marked as 16 Exhibit Number 29 and Exhibit 17 Number 29 18 BY MR KENNEY 19 Q Have you seen these photographs 20 before 21 A Yes 22 Q Okay Can you tell me what's 23 depicted in 29 24 Page 143 section of the property was used for A do not Q Okay But viewing the photograph in 29 you can see the trees there in the center of that circle A Yes do Q And it almost appears like that area has been cleared A Yes Q Okay I want to show you the next photograph which is 29 -- Exhibit 29 Are you able to locate the Tilo facility First off have you seen this photograph A I believe I have Q Are you able to locate the Tilo facility in this picture A Up there in the top left QYeah QYeah the top left there And you can kind of see that little squiggle there It appears to be the construction of Interstate 95 Do you know that or not A No I don't know that So you see the property there You Page 142 A can only assume it's the Tilo Company Q Okay you look at 29 you look at kind of the facade of the building you can see a triangular or a diamond sign there A Yes do Q And it looks like it says Tilo A That's what it says yes Q Okay Now this is an aerial view of Tilo correct A Yes Q And based on this view are you able to tell me whether -- or where on the property Tilo operated its dump A No. Q Okay Do you see kind of the railroad spur that curves in to the property there A Yes Q And then you see kind of a -- almost -- it almost looks like a circular outline right above it where there's some trees but then there is really kind of nothing else A Yes Q right Do you know what that 12 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 _ Page 144 see the Tilo factory there correct And if you go down just below the Tilo property remember those trees we discussed we saw in Photograph 29 A Yes Q Are you able to locate that in this photograph those trees A am not am not able I don't see it Q Okay I'm going to -- you know you might need to look at both photos But do you see -- and I'm going to reach over if you don't mind -- in 29 you've got the Tilo facility here correct A I would assume so Q least Again that is your understanding at A That is my understanding Q And you see here this circular area right here with the trees And you can kind of tell if you compare the two pictures in 29 there doesn't seem to be anything you know on top of the property there You can see the trees clearly correct in that area of the facility EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 145 Page 147 A Yes Q And then if you look at 29 you can take a look at the trees but there's a pile that goes all the way up on top of the trees there Do you see that MR FOUNTAIN Objection to form THE WITNESS I'm not sure what I'm seeing there BY MR KENNEY Q You can see here -- you see the trees in this circular area A Right Q And you take a look at that area can you see that there seems to be something that is piled up there 1 Q And he's writing this letter to the 2 attention of a Mr. H. A. Boisclair correct 3 A That's what it says yes 4 Q And it was sent to the Canadian 5 Manville Asbestos Limited 6 A That's what is here 7 Q And this letter opens by saying 8 Dear Tony On October 11 1968 we received a 9 _ letter from your company stating that the following 10 label will be placed on each bag of chrysotile 11 asbestos fiber Quote This bag contains 12 chrysotile asbestos fiber Persons exposed to this 13 material should use adequate protective devices as | 14 __ inhalation of this material over long periods may 15 be harmful Do you know what that is MR FOUNTAIN Object to the form THE WITNESS No. BY MR KENNEY Q Okay Now were any warnings regarding asbestos ever placed on containing products that Tilo made A I didn't see any reference to that in the documents 16 Did I read that correctly 17 A I believe you did 18 Q right Now can you read the 19 next paragraph for me please 20 A Because of our awareness of the 21 inherent hazards of manufacturing asbestos 22 products and the investigations and preventive 23 measures already taken we feel the wording you now 24 _ propose is unnecessary and unduly alarming to our Page 146 Q Do you agree that when one of Tilo's 1 asbestos fiber suppliers attempted to put a caution 2 label on bags of raw asbestos Tilo asked them not 3 do it 4 A I saw some communication 5 Q Right And the communication that 6 you just referenced is the correspondence in 7 Exhibit 30 8 Thereupon the respective 9 document was marked as Exhibit 10 Number 30. 11 THE WITNESS Yes I've seen this 12 BY MR KENNEY 13 Q And this is in Tilo -- this 14 document that has been marked as Exhibit 30 is on 15 Tilo letterhead 16 A Yes it is 17 1968 Q And it's dated November 19th 18 A Yes it is 19 Q And the letter is written by a 20 William D. Brennan correct 21 A Yes 22 Q And his title is purchasing agent 23 A That's what it 24 says employees | Page 148 : Accordingly we are requesting you omit this printing from the packages in which you will ship our requirements Q Okay As you sit here today are you able to tell me what Tilo knew in 1968 about the inherent hazards of manufacturing asbestos products A I think that's a pretty broad question Can you either rephrase it or Q Mr. Brennan is saying -- you'll agree that Mr. Brennan is saying to Manville We don't want your caution labels on the bags of asbestos fiber True A True Q And he then provides a basis for why he doesn't want the caution label on the bags correct A Correct Q One reason is because he states that Tilo is aware of the inherent hazards of manufacturing asbestos products correct A Correct Q Okay Do know what you inherent EPPLEY COURT REPORTING LLC www.eppleycourtreporting.comwww.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 149 hazards he is referencing 1 A Well I don't know specifically what 2 he's referencing We talked about them learning 3 about the asbestosis hazard in 11 the risk of 4 asbestosis in the 50s and there was something in 5 Mr. Sink's deposition that they put in some 6 ventilation equipment to deal with that So 7 perhaps they feel like they dealt with the hazards 8 as they understood them 9 Q So one reason is one he has -- he 10 claims that they're aware of the inherent hazards 11 of manufacturing asbestos products And 12 the second reason which you just referenced is 13 that they claim they've taken preventive measures 14 already correct 15 A That's what it says here 16 Q Okay Based on your review of 17 Mr. Sink's deposition testimony what specific 18 preventive measures did Tilo take 19 A He a referenced piece of ventilation 20 equipment that was installed 21 Q Right That ventilation equipment 22 that was installed at Tilo was that vented to the 23 outside air 24 Page 150 A I don't believe so 1 Q How was it vented 2 A read about a piece of equipment 3 that was vented to the inside That piece I'm not 4 sure 5 Q Now Mr. Brennan also goes on to 6 indicate that a caution label would be unnecessary 7 and unduly alarming to Tilo's employees 8 What does he mean by that 9 MR FOUNTAIN Objection to form 10 MR KENNEY If you know 11 THE WITNESS I don't know anything 12 besides what's on this document 13 BY MR KENNEY 14 Q Is it Tilo's position that its 15 employees didn't need to have notice of potential 16 hazards such as what is being referenced in the 17 caution label that Manville is proposing 18 MR FOUNTAIN Objection to form 19 THE WITNESS Could you repeat that 20 BY MR KENNEY 21 Q Did Tilo do anything to educate its 22 employees about the potential hazards of using 23 asbestos fiber in its manufacturing process 24 Page 151 A don't know Q Do you agree that employees should be aware of potential hazards that they come in contact with while at work A I believe employees should understand what they're working with Q Even if it may be unduly alarming to them A don't -- yeah It shouldn't be unduly alarming Q I'm going to show you what's been marked as Exhibit 31 Thereupon the respective document was marked as Exhibit Number 31. BY MR KENNEY Q Have you seen this document before A believe I have Q Okay This is a document dated January 21st 1969. And this is a letter that was drafted by a Mister -- it looks like -- N.V. Hendry correct A can't read it It could be Henry Page 152 Q Regardless the heading there is Caution Labels Asbestos Bags Do you see that on the first page A Yes Q And the author goes on to state As result of the severe protest registered by TNN and other members of the Asbestos Information Committee last fall our plans to place a caution label on asbestos bags were deferred Did I read that correctly A I believe so Q And then in the section below Section 2 it says quote We have received the following protests from our customers as a result of our letter of October 1st in which we advised them of the caution label And then if we turn the page Tilo Company is referenced there at around the middle of the page correct A Correct Q And the author indicates quote They being Tilo have written to state they do not want any caution label on their bags correct A That's what he wrote EPPLEY COURT REPORTING LLC _ www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 32 Page 153 Q Okay So you would agree that 1 certainly as a result of Tilo's protests and the 2 protest of some other companies Manville 3 deferred the placing of a caution label on its bags 4 of raw asbestos fiber correct 5 MR FOUNTAIN Objection Form 6 THE WITNESS I don't know if that's 7 the sole reason but they did register a 8 protest 9 BY MR KENNEY 10 Q Do you agree that a manufacturer has 11 a duty to make sure its factory operations do not 12 endanger the health of citizens living nearby 13 MR FOUNTAIN Objection Form 14 THE WITNESS Could you repeat that 15 please 16 BY MR KENNEY 17 Q Sure Do you agree that a 18 manufacturer has a duty to make sure its factory 19 operations do not endanger the health of citizens 20 living nearby 21 MR FOUNTAIN Same objection 22 MR OSWALD Objection to form 23 THE WITNESS To the best of their 24 Page 155 Q Well you would agree at the very _ least that Tilo had a duty to make sure its factory operations did not endanger the health of citizens _ living nearby MR FOUNTAIN Objection Form BY MR KENNEY Q Fair enough MR FOUNTAIN THE WITNESS I believed they did BY MR KENNEY Objection to form don't think they Q duty You don't believe Tilo had that MR FOUNTAIN Objection to form THE WITNESS I believe that they felt that they were complying with any duty COURT REPORTER Complying THE WITNESS With what the duty MR KENNEY With any duty THE WITNESS With any duty MR KENNEY I'm going to show you what's been marked as Exhibit 32 Page 154 | Page 156 12 knowledge and the technology that's 12 available 3 BY MR KENNEY 4 Q So are you saying that if the 1 Thereupon the respective 23 document was marked as Exhibit 3 Number 32. 4 BY MR KENNEY 5 technology is not available and citizens living 6 nearby the factory are harmed it's okay 5 Q Have you seen this document before 6 A am not sure 7 MR FOUNTAIN Objection to form 8 THE WITNESS Not at all 9 BY MR KENNEY 10 Q What do you mean then 11 A First of all they have to 12 understand that if a hazard even exists and I 13 don't believe they did in this case And then if 14 it did they would have to research technologies 15 available to mitigate the risk 16 Q You would agree that if a 17 manufacturer breaches that duty anda citizen is 7 8 9 10 11 12 13 14 15 _ 16 17 Q Well I'll represent and as you can see from the Bates stamp on the bottom hand of the exhibit that this was a document that was produced to me by RADCO So this is something that was in RADCO's possession A Okay Q And what I'd like you to do I've tabbed the page that I'd like you to go to and it's stamped -- well the last four digits of the Bates stamp are 6788. Are you there A Yes 18 harmed then the manufacturer is responsible for 19 the harm 20 MR FOUNTAIN Objection to form 18 Q About halfway down on that page do 19 you see the heading Smoke Nuisance 20 A Yes 21 MR OSWALD Objection to form 22 THE WITNESS I -- I wouldn't know 23 where to go with that question 24 BY MR KENNEY 21 Q All right And to the right of 22 that it states 1934 correspondence covering 23 beginning of operations and later correspondence 24 with regard to nuisance complaints is filed EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 2017 Page 157 Page 159 1 Mr. Peterson's smoke nuisance file 2 Do you see that there 3 A Yes I do 4 Q Have you seen this smoke nuisance 5 file 1 Do you agree 2 THE WITNESS That's what it says 3 yes 4 Discussion off the stenographic record 5 BY MR KENNEY 6 A have not 7 Q Do you knowif it exists 8 A do not 6 Q right Are you on the page that 7 has Bates Stamp 7009 8 A Yes 9 Do you agree that Tilo received 10 complaints regarding smoke nuisance as early 11 1934 9 Q You can see at the bottom of that 10 page says a heading entitled Litigation 11 A Yes 12 MR FOUNTAIN Objection to form 13 THE WITNESS This indicates there 14 may have been a correspondence 15 BY MR KENNEY 16 Q It appears that it wasn't just one 17 complaint correct It was actually a file that 18 Mr. Peterson kept for smoke nuisance claims 19 correct 20 MR FOUNTAIN Objection to form 21 THE WITNESS It says there's a 22 file 23 24 BY MR KENNEY 12 Q Okay And the second paragraph 13 under that heading states that in 1937 the 14 company received from the Town of Stratford 15 Connecticut a communication advising it that the 16 town council after investigating complaints of 17 _ odors and nuisances alleged to be caused by the 18 company considered that the company was violating 19 the zoning laws of said town and advising the 20 company that unless such nuisances were corrected 21 to the satisfaction of the council and citizens 22 committee before October 7th 1937 the town would 23 proceed with legal action 24 Did I read that correctly Page 158 Page 160 1 Q Certainly somebody at Tilo felt it 2 necessary to keep a file for this purpose 3 A file can have one document 4 Q Okay Would you agree that Tilo was 5 aware as early as 1934 that its plant operations in 6 this case -- well I'll withdraw that 7 Would you agree that Tilo was aware 8 as early as 1934 that its plant operations could 9 release in this case smoke that would end up 10 being a nuisance to citizens living in the area 11 MR FOUNTAIN Objection Form 12 THE WITNESS I don't know what the 13 operations were like in 1934 14 BY MR KENNEY 15 Q Let's take a look at Exhibit 2 16 When you have Exhibit 2 I would like for you to 17 _ turn to the page that has the Bates -- last four 18 Bates of 7009 19 A Okay 20 Q We've established already that this 21 document was dated April 1939 correct 222 COURT REPORTER I'm sorry What's 222 the date 12 A I believe so 2 Q So Tilo as early as 1937 is 3 receiving complaints from the Town of Stratford 4 regarding nuisances resulting from its plant 5 emissions correct 6 MR FOUNTAIN Objection to form 7 THE WITNESS It received 8 communication based on nuisances yes 9 BY MR KENNEY 10 Q On the next page the last sentence 11 up on the top there do you see where it says 12 quote In the opinion of the officers of the 13 14 15 __ 16 17 company the dust ashes and odors complained of by various persons resident in the community do not originate at its plant A I see that yes Q So -- and this sentence kind of 18 defines the nuisance a little bit more It appears 19 that the nuisance at issue in 1937 was odors dust 20 and ashes correct 21 | 22 22 MR FOUNTAIN Objection to form THE WITNESS Yes 222 MR KENNEY April 1939 24 BY MR KENNEY EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 161 1 Q Not only that it appears based on 1 2 _ this that the -- these complaints of nuisance 2 3 odors dust and ashes were coming from quote 3 4 various persons resident in the community correct 4 5 MR FOUNTAIN According to this 5 6 Is that what you're asking 6 7 THE WITNESS According to this 7 8 BY MR KENNEY 8 9 Q Yeah according to this document 9 10 It is on 7010 the last sentence 10 11 A By various persons resident in the 11 12 community 12 13 Q So more than one resident was 13 14 complaining about the odor dust and ashes 14 15 correct 15 16 A By various persons 16 17 Q Okay So would you agree that Tilo 17 18 certainly by 1937 was on notice that its 18 19 operations inside the Tilo factory had the 19 20 possibility of creating a nuisance in the form of 20 21 odors dust and ashes to residents living in the 21 22 community 22 23 MR FOUNTAIN Objection to form 23 24 THE WITNESS Could you ask that 24 Page 163 A That's what it says Q 1937 was also the same year that Tilo began manufacturing asbestos cement siding correct A That's what we've determined Q Do you know what if anything Tilo was doing during this time period to prevent the release of dust and ashes from the factory A not Q Do you know what if any corrective measures were made on the part of Tilo in response to these complaints A not Q am going to show you what has been marked as Exhibit 33 Thereupon the respective document was marked as Exhibit Number 33. BY MR KENNEY Q Have you seen this document before A I don't remember Q Okay This is a -- this exhibit is a page out of the Bridgeport Sunday Post dated September 13 1964 1 23 23 4 5 6 7_ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 _ 22 23 24 Page 162 again please BY MR KENNEY Q Sure Would you agree that Tilo by 1937 was on notice that its operations inside its Tilo factory had the possibility of creating a nuisance in the form of odors dust and ashes to residents living in the community MR FOUNTAIN Objection to form THE WITNESS According to this they got the notice But also according to this the officers of the company did not believe these issues originated at -BY MR KENNEY Q Agreed That is Tilo's position according to this prospectus Now 1937 was the year that Tilo received this complaint correct A The date of this document is '37 I don't know when they received it Q you look at the page before on the litigation section it says In 1937 the company received from the Town of Stratford A Okay Q So that was 1937 correct 123 123 3 4 5 6 7 8 9 10 11 12 13 14 __ 15 16 17 _ 18 19 20 21 | 22 23 _ 24 Page 164 A Okay Q Did I give you the highlighted copy A Yes Q Okay Good Because it is difficult to read I want to draw your attention to the highlighted portion of this document Do you see where it says Keogh Seeks Meeting on Air Pollution Pact A Yes Q This is a newspaper article that ran in September of '64 And if I draw your attention to -- and I'm going to read this for you because it is tough to read -- you can see in the second paragraph of this newspaper article that the newspaper is quoting Mr. Keogh who is a councilman for the Town of Stratford as saying quote terming the air pollution problem quote one of the most serious facing the town today Do you see that there A do Q Okay Then in the -- 1 2 3 4 -the fifth paragraph down -- and I'm going to read it for you because it is tough to read -- the EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 165 1 | selectman states -- it says Mr. Keogh said In 1 2 some instances the complaints residents have 2 3 reported actually seeing dust and dirt particles in 3 4 the air and one other persons -- and other persons 4 5 _ have said that their painted homes have been 5 6 marred 6 7 Do you see that 7 8 A Yes 8 9 Q So certainly this newspaper article 9 10 is drawing attention to the fact that the Town of 10 11 Stratford certainly is having a problem with air 11 12 pollution in 1964 True 12 13 MR FOUNTAIN Objection to form 13 14 THE WITNESS That's what the 14 15 reporter is indicating 15 16 BY MR KENNEY 16 17 Q Yeah And at the time of this 17 18 article it indicates -- on the top of the article 18 19 it says that Mr. Keogh was a councilman for the 6th 19 20 District which is also -- happens to be the same 20 21 district that Tilo was located in at the time 21 22 isn't it 22 23 MR FOUNTAIN Objection to form 23 24 THE WITNESS I don't know that 24 Page 167 Q The article states as follows -- basically the article states that President Johnson is saying that quote America's struggle against poisoned air now is being lost asked Congress today for legislation giving the federal government power to control air pollution Do you see that there A Yes do Q Do you have any understanding as to whether during the 1960s -- well withdrawn Would you agree that during the 1960s there was very little in the way of regulations regarding air pollution A I'm not an expert on that but I don't think -- I'm not aware of a lot of regulation Q In many respects companies were essentially on their honor to act responsibly during this time correct MR FOUNTAIN Objection to form THE WITNESS I don't know that BY MR KENNEY Q Without any oversight they were on their honor to act appropriately correct Page 166 Page 168 1 BY MR KENNEY 23 Q Do you know whether Tilo was ever 3 contacted by any town officials or town councilmen 4 regarding these complaints 5 A don't know 6 Q Do you know if there was any 7 reference to Mr. Keogh and the complaints he lodged 8 on behalf of citizens in Tilo's nuisance file 9 A do not know 10 Q Let me show you what I have marked 11 as Exhibit 34 12 Thereupon the respective 13 document was marked as Exhibit 14 Number 34. 15 BY MR KENNEY 16 Q Have you have seen this before 17 A I don't recall 18 Q Okay This once again is a 19 newspaper article that's from the Bridgeport Post 20 dated January 30th 1967. And I think I gave you 21 the copy 22 Can you see the highlighted section 23 there indicates LBJ to attack air pollution 24 A Yes 1 MR FOUNTAIN Objection to form 2 THE WITNESS I don't know that 3 BY MR KENNEY 4 Q The third paragraph -- and I think I 5 _ highlighted it for you Do you see the section it 6 _ says All must aid 7 A Yes 8 Q Then it says -- the third paragraph 9 states that the states the cities and private 10 industry must commit themselves more fully with a 11 sense of urgency to America's struggle against 12 poisoned air 13 My question to you is Between 1967 14 and 1969 when Tilo stopped manufacturing asbestos 15 cement siding what if anything did Tilo do to 16 determine whether its manufacturing process was 17 contributing to the air pollution problem in the 18 town of Stratford 19 A I don't know 20 Q I'm going to show you what's been 21 marked as Exhibit 35 22 Thereupon the respective 23 document was marked as Exhibit 24 Number 35. EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 169 1 BY MR KENNEY 2 Q And I know you -- well have you 3 viewed any aerial photographs of the -- any 4 present aerial photographs of the old Tilo 5 site 6 A I don't think I have 7 Q Okay And I know you haven't 8 visited the site so I guess my question to you is 9 Would you be able if you looked at Exhibit 35 10 here to locate where the former Tilo factory was 11 located 12 A I believe it was on Longbrook 13 Avenue 14 Q Okay Also operated on Barnum 15 Avenue and the Barnum Avenue Cutoff 16 A Okay 17 Q Would you agree with that or not 18 A remember seeing the address of 19 Longbrook Avenue Barnum Avenue I didn't see any 20 reference to 21 Q Fair enough 22 My question to you is this If you 23 look at this exhibit are you able to identify the 24 _ former location of the Tilo factory 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 _ 22 23 24 Page 171 Minutes of the First Annual Meeting of the Health and Safety Council A ACPA Q ACPA Thank you And it's dated November 21st 1969 A Yes Q And there is a list of attendees at this meeting correct right below that A That's correct Q At the top of the list is Atlantic Asphalt & Asbestos Inc. Do you see that A Yes do Q And Mr. Davy has attended on behalf of the company A Yes Q And we know that Atlantic Asphalt & Asbestos was a subsidiary of Tilo A That's correct Q Now what I'd like you to do is to turn to page 2 of this document And as I indicated this document was generated -- was created on November 21st 1969 -- or it was the minutes of the November 21st 1969 meeting And if you turn to page 2 you will Page 170 Page 172 12345 A I'm not sure 12345 Q Fair enough 1 see a section heading Number 3 entitled Product 2 Liability 12345 I'm going to show you what has been 3 A Yes 12345 marked as Exhibit 36 4 Q And if you go down to the third full 5 MR KENNEY Counsel you have a 5 paragraph in that section you will see there is a 6 copy of that 6 reference to the following quote -- well first 7 MR FOUNTAIN Thank you 7 off if we look at this section marked Product 8 Thereupon the respective 9 document was marked as Exhibit 10 Number 36. 11 BY MR KENNEY | _ 12 Q Have you seen this document prior to 8 Liability it appears that a Mr. Morton Ball who 9 was vice president and general counsel of 10 Manville delivered an address on product 11 liability at this meeting 12 If you look at the first sentence -T 13 today 14 A I believe I have 15 Q Okay Now this doc- -- 13 A Okay 14 Q -- under the Product Liability 15 section 16 A I saw it this morning I'm sorry 17 Q You saw it this morning Okay 18 A I saw it before 19 Q No problem no problem 20 So today was the first time you saw 21 this document 22 A Yes 23 Q Fair enough 24 Now this exhibit has a heading of 16 A Okay 17 Q Okay One of the topics discussed 18 at this meeting was as follows and you can see it 19 indicated in the third paragraph of this section 20 Quote A second class of potential plaintiffs was 21 identified as being composed of called quote 22 neighborhood plaintiffs end quote 23 These are people who live near a 24 plant or mining facility that emits asbestos fibers EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 173 Page 175 1 into the air on a more or less continuous basis for 2 a lengthy period of time 3 Mr. Ball stressed that recognition 1 Q Don't know if there's a problem 2 unless you check to see if there's a problem 3 correct 4 should be given to the possibility of such a class 5 of plaintiffs actively litigating in the 6 foreseeable future 7 Do you see that there 8 A do 9 Q So certainly at this meeting 10 Mr. Davies who was representing Atlantic Asphalt & 11 Asbestos was on notice of one that in the 12 future there could be you know lawsuits in the 13 asbestos industry related to neighborhood exposures 14 to asbestos correct 15 MR FOUNTAIN Objection Form 16 I would like to comment on this 17 MR KENNEY You can't do it right 18 now You can't comment on it right now 4 MR FOUNTAIN Objection to form 5 THE WITNESS Not necessarily It's 6 in several pieces of the literature that 7 we've seen that this type of material 8 that they made that's bound in concrete 9 is not -- it is listed as hazardous 10 BY MR KENNEY 11 Q What about when the product is 12 received in raw form the raw asbestos fiber 13 A It depends how it's handled 14 Q And as we saw earlier in the 15 deposition Tilo received thousands of tons of raw 16 asbestos fiber per year during the period of time 17 _ that it was manufacturing asbestos cement siding 18 correct 19 THE WITNESS Well -- 20 MR KENNEY You can't testify for 21 the witness 19 A That's correct 20 MR FOUNTAIN Objection to form 21 BY MR KENNEY _ 22 MR FOUNTAIN You're being unfair 22 Q Just in terms of environmental 23 to the witness 23 matters related to Tilo you would agree that Tilo 24 THE WITNESS He talks about the 24 has in the past been fined for polluting waterways Page 174 Page 176 | 1 facilities that emit asbestos fibers for 1 correct 2 a lengthy period of time That's fair 3 BY MR KENNEY 4 Q And certainly anyone who was 5 present at that meeting would be on notice of that 2 MR FOUNTAIN Objection to form 3 THE WITNESS I saw something about 4 a discharge 5 BY MR KENNEY 6 True 7 MR OSWALD Objection 8 THE WITNESS I don't know that 9 everybody else at the meeting listened to 10 his speech I don't know 11 BY MR KENNEY 12 Q After 11 withdraw that 13 Do you know when Tilo first became 14 aware that individuals who lived in or around 15 __ factories that use asbestos were at risk of 16 developing mesothelioma 17 MR FOUNTAIN Objection to form 18 MR OSWALD Objection to form 6 Q Okay In fact as you can see in 7 Exhibit 37 here that was reported on by the local 8 newspapers and Tilo subsequently pleaded no 9 contest to the charges correct 10 A I don't know 11 Thereupon the respective 12 document was marked as Exhibit 13 Number 37. 14 MR FOUNTAIN Ithink it's on the 15 next page 16 THE WITNESS Okay There it is 17 The article says that they pleaded 18 no contest 19 THE WITNESS No I don't know I 20 don't know if they felt like there was an 21 emission problem 22 BY MR KENNEY 23 Q And they never tested correct 24 A don't know 19 BY MR KENNEY 20 Q Let's talk a little bit about air 21 sampling At any point during the period of time 22 when Tilo was making asbestos cement siding did it 23 _ perform any air sampling to determine the presence 24 of asbestos in the air EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 177 A There was one study performed in the late 60s Q Performed in 1968 correct A I believe that's the date Q And you would agree that in the plus years that Tilo used raw asbestos fiber to make containing products Tilo only took two air sample measurements MR FOUNTAIN Objection to form THE WITNESS That is all that I saw in the literature BY MR KENNEY Q And those two air samples were taken on the same day A huh I believe so Q And the air sampling lasted for only 20 minutes correct A It was a short finding I don't remember the duration Q And that was it for the entire asbestos department correct only two air samples were ever taken MR FOUNTAIN Objection to form THE WITNESS That's all I saw 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 179 Q I would like to draw your attention _ back to Exhibits 29 and 29 Those are the photos -- actually just 29 That's all we are looking at right now I'm looking at the facility the Tilo facility depicted in Exhibit 29 And on the roofs of the facility I see a number of vents Do you see that A Are we talking in the -- across the length of the building Q Across the length of the building you can see that each area has several vents that seem to be popping up out of the roof A Okay Q And do you know whether or not there were any -- well I'll withdraw that Would you agree that those were vents that vented directly out to the open air A They appear to Q Okay And then above -- well above to the right of the building it looks like two sheds or warehouses Do you see that there A do Q And that area appears to be open to Page 178 BY MR KENNEY Q correct And you saw the air sampling report A Yes I did Q And you agree that the recommendation in the report was to collect additional air sampling A I saw that yes Q Do you know if additional air sampling was ever taken A There were samples taken later -- in later years Q So asbestos air sampling was taken after Tilo ceased the manufacture of asbestos cement siding True A I believe so Q Even then when asbestos air sampling was taken in the 1980s asbestos fibers were still found to be present in the air correct MR FOUNTAIN Objection to form THE WITNESS I don't recall seeing any positive samples 1 2 3 4 5 6 7 8 9 10 | 11 12 13 14 15 16 17 | 18 19 20 21 22 23 BY MR KENNEY 24 Page 180 |: the open air A Yes Q Okay Just past those two sheds there appears to be material to the right It looks like next to a tractor Do you see that A Yes Q Do you know what that material is A No not Q Fair enough As you look at this picture of the Tilo plant are you able to identify any specific locations I will withdraw that As you look at this picture are you able to identify the asbestos department and where it was located A No. Q Do you have an understanding as to what operations went on in any areas of this facility For instance can you point to certain sections in this photograph and tell me that certain operations took place here and certain operations took place elsewhere EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 181 A I've looked at this photo and have not ever been to the facility obviously so can't say for sure But it appears that the section would likely be the felt manufacturing facility because probably the asphalt is contained in the area next to the building Q So where do you believe the felt area would be located Could you point to me A I would- -- Q You're saying that you believe the area where the little -- the roof is kind of pointed A Yes Q Okay Do you have any understanding as to where -- well you answered that You don't know where the asbestos operation was located correct A According to Flanders Dobson it was in separate building about 30 yards away MR KENNEY Okay How are we doing on the tape THE VIDEO SPECIALIST 1:25 so you've got about 30 minutes left BY MR KENNEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 182 Q Are you prepared to talk about any claims any workers compensation claims that have been filed either against Tilo RAFCO RADCO or asbestos -- or Triple A A The only claim that I'm aware of is Flanders Dobson Q Have you reviewed the document production in the Consolini case A have not Q Would you disagree with me if I indicated that contained in those documents are notices of claim for additional employees A I wouldn't know Q Did you do anything to prepare to testify today about how many workers compensation claims have been filed against the company for asbestos exposure A We talked about it I didn't see anything in the literature about more cases didn't understand this to be an occupational exposure issue Q Well you're right It's not an occupational exposure issue But the notice of deposition still asked about information related to 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 | 19 20 21 22 23 24 Page 183 workers compensation claims Did you prepare yourself today to answer questions on that A Again the only claim I'm aware of is Flanders Dobson Q Have you ever heard of a Mr. Alberson A No. Q When did -- well Mr. Dobson first filed a claim for workers compensation in 1986 correct A '85 '86 something like that Q That was the individual who was mixing the asbestos with the other ingredients to make the asbestos cement shingles A That's what his deposition said yes Q Do you recall when Tilo was first named in an asbestos lawsuit A No. Q Have you prepared yourself to talk about the use of talc at the Tilo facility A In the documentation we did see that there was tale usage Do you know the quantities in which Page 184 Tilo purchased talc for use at its plant A not Q Do you know the supplier of talc A I don't recall Q Do you know whether or not that talc was contaminated with asbestos A not Q Did the company ever perform medical monitoring of its employees former employees A In what time frame Q any point A So Tilo I don't believe they did Q If former pensioner died does anyone check to see what the cause of death was from MR FOUNTAIN Objection to form THE WITNESS I don't know that I know that medical monitoring is based on results of potential exposures And when the medical monitoring program was initially discussed they took air samples and the air samples did not indicate medical monitoring was required BY MR KENNEY EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 185 12 Q One of the air samples that they 2 took was around the mixing operations where 3 Mr. Dobson worked correct 4 A Yes 5 Q And he ended up developing asbestos 6 and lung cancer correct 7 MR FOUNTAIN Objection to form 8 THE WITNESS I believe that's what 9 he said in his deposition 10 MR KENNEY Why don't we take a 11 break 12 THE VIDEO SPECIALIST Going off the 13 record The time is now 2:33 14 Break taken 15 THE VIDEO SPECIALIST Back on the 16 record The time is now 2:42 17 BY MR KENNEY 18 Q During the break Ms. Maillet I was 19 going through some of my notes and the Notice of 20 Deposition and I noticed just a couple of topics 21 So based on that I want to ask you some questions 22 Is there any evidence of the 23 _ existence of an industrial hygiene program at Tilo 24 between the years 1937 through 1969 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 186 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A I did not see any evidence of a formal program Q One of the items in the Notice of Deposition asks -- Item 18 asks about the role Reynolds Metals played in the development of employee and environmental safety programs at Tilo Are you able to provide any information on that A Based on Mr. Sink's testimony I _ believe that Reynolds acted as a resource for the location Location -- you know they had their operations They managed their process And if they had issues they were always welcome to go Reynolds for resources Q So there was an issue related to safety Tilo could reach out to Reynolds and its people could come to the plant A That's correct Q In fact we have seen some documentation today that have been marked as exhibits where that in fact happened correct A That's correct Q In fact that happened with respect to asbestos 1 2 3 4 5 6 7 8 9 10 11 12 | 13 14 15 16 17 18 19 20 21 22 23 24 Page 187 A That's correct Q There was an item in the Notice of Deposition regarding asbestos abatement documents and whether or not any exist for the Tilo property Do you know whether or not those documents exist A have not seen any Q It's been a long day and a lot of exhibits so I am going to call it a day However am going to reserve my right to the extent necessary to reopen this deposition should any additional documents or information come to light But other than that I hope you have a good afternoon A Thank you You too MR FOUNTAIN Any questions from anybody on the phone Hearing none this is Bill Fountain for Reynolds and I will reserve my questions until the time of trial THE VIDEO SPECIALIST We're going to go off the record The time is now 2:45 and that will be the end of this deposition COURT REPORTER Read and sign Do Page 188 |. you want a copy MR FOUNTAIN She will read and sign and a copy to me ; FURTHER THE DEPONENT SAITH NOT 2:45 P.M. 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