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FILE NAME Reynolds Metals RM DATE 2017 Jan 11 DOC RM068 DOCUMENT DESCRIPTION Legal - Deposition of Reynolds Aluminum Development Co. Linda Maillet Volume I January 11 2017 Page 1 123 STATE OF CONNECTICUT { APPEARANCES CONTINUED 123 CV13-6039034 123 eeeeeteeeeennnnenenneenenen 4 JAMES STEMPERT EXECUTOR ESTATE ESTATE OF CHARLESCHARLES CHARLES 56 STEMPERT 56 Plaintiff 7 VS SUPERIOR COURT 2 Representing Honeywell , Inc and Reynolds Aluminum Development Company 3 ALDER POLLOCK & SHEEHAN PC 4 One Citizens Plaza - 8th Floor Providence Rhode Island 02903 S BY JAMES R OSWALD ESQUIRE 401 274-7200 6 Joswald com D. OF FAIRFIELD 8 SUPPLY AT BRIDGEPORT 7 TELEPHONIC APPEARANCES 9 Defendants 10 ween eeeetnenennecneneenemnn g Representing EI EI du Pont de Nemours and Company and Sporting Goods Properties Inc ADDITIONAL CAPTION ON FOLLOWING PAGE = 12 9 MURTHA CULLINA LLP 10 One Century Tower 265 Church Street 13 11 New Haven Connecticut 06510 | DEPOSITION OF REYNOLDS ALUMINUM DEVELOPMENT CO 12 14 by and through its designee LINDA M MAILLET Baker O'Kane Atkins & Thompson 13 TERRENCE 203 BRUNAU ESQUIRE murthalaw com 15 2607 Kingston Pike - Suite 200 Knoxville Tennessee 37919 16 Wednesday January 11 2017 17 18 14 Representing GHAeLLORAnN e&raSl AElGecEtric Company 15 315 Post Road West Westport Connecticut 06880 16 BY Dan E LaBelle Esquire 203 222-4303 19 20 Deborah West LCR TN CLR 17 halloransage com 18 Representing Ingersoll Rand and Trand US Inc , 19 fka American Standard 21 EPPLEY COURT REPORTING LLC Post Office Box 382 22 Hopedale Massachusetts 01747 508 478-9795 508 478-0595 Fax 22 www eppleycourtreporting com ADLER COHEN HARVEY WAKEMAN GUEKUEZIAN LLP 20 75 Federal Street Boston Massachusetts 02110 21 BY E AMY LaBRECQUE ESQUIRI 617 423-6674 2321 aLaBrecque com Page 3 Page 2 Page 4 123 STATE OF CONNECTICUT 123 ASB 15-6053194 15-6053194 12 TELEPHONIC APPEARANCES CONTINUED 2 123 Representing Henkel Corporation STEMPERT 4 JAMES STEMPERT EXECUTOR OF THE ESTATE OF CHARLES 56 STEMPERT 6 Plaintiff Plaintiff 7 VS SUPERIOR COURT JD OF FAIRFIELD 8 HENKEL CORP ET AL AT BRIDGEPORT 3 LEWIS BRISBOIS 100 Pearl Street - Suite 1441 Connecticut 4 Hartford Connecticut 06103 BY CHRISTOPHER E.H SANETTI ESQUIRE S 860 471-8617 christopher.sanetti@lewisbrisbois.com christopher.sanetti@lewisbrisbois.com 6 9 Defendants 10 7 Representing Wyeth HINCKLEY ALLEN 11 8 12 APPEARANCES 13 9 Representing the Plaintiff 14 EARLY LUCARELLI SWEENEY & MEISENKOTHERN LLC 10 One Century Tower - 11th Floor 15 265 Church Street 11 20 Church Street Hartford Connecticut 06103 BY AMY E. MARKIM ESQUIRE 860 331-2636 amarkim@hinckleyamaarkilm@hinlckleeyallenn.co.m com New Haven Connecticut 06508 12 16 BY BRIAN KENNEY ESQUIRE 13 ALSO PRESENT 203 777-7799 14 Tom West Video Specialist 17 West Court Reporting & Video 18 15 1-865-216-9265 Representing Reynolds Aluminum Development Company 16 19 HAWKINS PARNELL THACKSTON & YOUNG 17 345 California Street - Suite 2850 18 20 San Francisco California 94104 19 BY BILL D. FOUNTAIN ESQUIRE 20 21 415 766-3202 21 bfountain com 22 22 222 23 24 24 EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet 1 INDEX 2 WITNESS Linda Maillet PAGE 3456 Examination by Mr Kenney 11 3456 3456 EXHIBITS 3456 Exhibit Number 1 7 Notice of Videotaped Deposition 28 8 Exhibit Number 2 Bates RMC45000200006996-7031RMC4502069-7031 37 9 Exhibit Number 3 Newspaperarticle 10 from The Lowell Sun 29 11 Exhibit Number 4 12 Bates CRMC TiloRoofing 52 13 Exhibit Number 5 , Defendant Reynolds Aluminum Development 14 Company's 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 RMC4502730-1 63 18 Exhibit Number 8 19 Bates RMC45000200007271-7274 65 20 Exhibit Number 9 Yearly asbestos fiber summaries from 21 Manville 72 22 Exhibit Number 10 Bates TiloRoofing 74 22 24 1 EXHIBITS CONTINUED 2 PAGE Exhibit Number 11 3 49th Report of the State Department of Health 82 4 Exhibit Number 12 S Connecticut Health Bulletin 85 December 1936 6 Exhibit Number 13 7 Science in Review 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 Exhibit Number 17 14 Article from A Reporter at Large reprinted from The New Yorker 15 Bates TI53911115-126 TI53911115-126 102 16 Exhibit Number 18 Bates RMC4500020000931 111 17 Exhibit Number 19 18 ConnCecotincunt eWcatisctuet Management State Programs Department of 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 119 24 Volume I January 11 2017 Page 5 1 EXHIBITS CONTINUED 2 PAGE 3 Exhibit Number 22 Bates RMC45000200001945-1946 RMC45000200001945-1946 121 4 Exhibit Number 23 5 Bates RMC45000200001943-1944 123 : 6 Exhibit Number 24 Newspaper article from The Bridgeport 7 Post Wednesday July 3 1957 130 8 Exhibit Number 25 Newspaper article 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 Post FrFriiddaay y MarchMarch 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 140 20 Exhibit Number 31 21 Bates TiloRoofing 151 22 Exhibit Number 32 Bates RMC45000200006767-6791 156 23 32 Page 6 123 EXHIBITS CONTINUED 123 PAGE 123 Exhibit Number 33 Article from The Bridgeport Sunday 4 Post September 13 1964 163 5 Exhibit Number 34 Article from The Bridgeport Post 6 Monday January 30 1967 166 7 Exhibit Number 35 Photograph 168 8 Exhibit Number 36 9 Minutes of the First Annual Meeting of the Health & Safety Council 10 November 21 1969 170 11 Exhibit Number 37 Article from The Bridgeport Post 12 Thursday July 16 1970 176 13 Exhibit Number 38 - OMITTED 14 Exhibit Number 39 Bates RMC45000200001981-1984 98 15 Exhibit Number 40 16 Application for Permit for Public Disposal Refuse 189 Area dated 2/25/75 137 189 189 Original exhibits returned to Attomey Kenney with copies distributed to counsel 22222 22222 22222 22222 24 Page 7 _. Page 8 EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 9 Page 11 123 10:10 A.M. 123 THE VIDEO SPECIALIST Stand by We 123 are now on the record 4 This is the videotaped deposition of 5 Linda Maillet in the matter of James 6 Stempert executor of the estate of 7 Charles Stempert versus ADC Supply 8 Corp. et al That is number FBT 9 13-6039043 10 And also James Stempert executor of 11 the estate of Charles Stempert versus 12 Henkel Corporation That is number 13 ASB 15-6053194 14 These cases are in the Superior 15 Court JD of Fairfield at Bridgeport 16 This deposition is taking place in 17 Knoxville Tennessee on January 11 18 2017. The time on the video monitor is 19 now 10:10 20 My name is Tom West I am the 21 videographer with Eppley Court Reporting 22 Services The court reporter today is 22 Debbie West and she will now swear in 22 the witness 1 EXAMINATION 2 BY MR KENNEY 3 Q Good morning Ms Maillet My name 4 is Brian Kenney I represent the plaintiff in this 5 case I am from the law firm of Early Lucarelli 6 Sweeney & Meisenkothen in New Haven Connecticut 7 Let's begin with some basic and 8 preliminary matters Can you state your full name 9 for the record please 10 A Linda Marie Maillet 11 Q And where do you live 12 A I live on 219 Erick Lane in Loudon 13 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 On how many occasions 21 A Two 22 In those two occasions -- well let 23 ask you this Did any of those depositions have 24 anything to do with asbestos Page 10 Page 12 1234 LINDA M. MAILLET 1234 called as a witness and having been first duly 1234 sworn was examined and testified as follows 4 MR OSWALD Brian right before we 5 get going just to put it on the record 6 which is what we usually do do we have 7 your agreement that we will have the 8 usual Connecticut stipulations for this 9 deposition 10 MR KENNEY Correct This is 11 proceeding pursuant to the usual stips 12 All objections except as to form are 13 reserved for the time of trial And we 14 all agree that the deposition has been 15 properly noticed and the court reporter 16 is duly qualified 17 Will the deponent be reading and 18 signing 19 MR OSWALD I believe so 20 MR FOUNTAIN Yes 21 MR KENNEY Okay Great 1232 With that I think we are set to 1232 begin 1232 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 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 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 13 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 a have 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 believe I first heard about it a year and a half or two years ago 23 Q Was there contact made by a lawyer 24 or law firm 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 14 1 A Yes 123 234 Q Okay Do you recall who contacted 2 234 you 123 4 A Beverly Bond 4 5 Q Who is Ms. Bond associated with 5 6 A I don't remember the name of the law 6 7 firm 7 8 Q Okay She works for a law firm 8 9 A Yes 9 10 Q Okay Was the contact via phone or 10 11 email 11 12 A Initially by phone 12 13 Q Okay And after the initial 13 14 contact were any documents sent to you 14 15 A Yes 15 16 Q Did those documents arrive in the 16 17 mail 17 18 A Yes 18 19 Q Let me ask you this How were the 19 20 documents presented to you 20 21 A I'm trying to remember I received 21 22 some documents in the mail and sometimes I 22 23 received documents at my place of employment 23 24 Q As to this particular case are you 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 Were they tabbed in any way A Some of them yes __ Did those notebooks come with an index 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 . 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. 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 Page 19 1 BY MR KENNEY 1 2 Q Sure 2 3 A I guess I would say about four or 3 4 five days 4 5 Q Okay 5 6 A In total 6 7 Q Eight days 7 8 A Yes 8 9 Q To your knowledge have you reviewed 9 10 any documents related to this deposition that 10 11 haven't been produced to the plaintiffs 11 12 A I don't know 12 13 MR FOUNTAIN No. I mean she's 13 14 not reviewed any documents that haven't 14 15 been produced or that you produced 15 16 Brian in connection with this case -- or 16 17 that were produced in connection with 17 18 counsel in any case 18 19 BY MR KENNEY 19 20 Q Okay Let me just ask a follow 20 21 ~~ to that Have you -- you may or may not know the 21 22 answer to this question 22 23 But have you reviewed the documents 23 24 that have been produced to RADCO on behalf of the 24 Page 18 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 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 understand that after you earned your master's you went to work for I _. Page 20 12 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 a have 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 Q And again that was obtained from 20 VCU 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 believe it's = is it Rust Environment & 2 ~~ Infrastructure 3 A Infrastructure Yes 4 Q And that was between 1990 and 1994 5 A I don't remember the dates I did 6 work for them for a number of years 7 Q It was during the 1990s 8 A Yeah 9 Q Tell me what you did for that 10 company 11 A Well they were mostly an 12 environmental consulting firm So they might be 13 going out to sites that would be environmentally 14 contaminated I helped to make sure the people 15 that were going out to the sites were adequately 16 protected based on what they anticipated to find 17 out there We also did do some consulting for 18 external clients 19 Q Did your responsibilities touch on 20 asbestos in any way 21 A At times 22 Q In what capacity 23 A We may havea client that has -- 24 that may be contemplating an abatement and we EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 21 Page 23 1 would help to identify strategies and controls to 2 effectively do the abatement in a proper manner 3 Q And your knowledge with respect to 4 abatements as it pertains to asbestos was that 5 learned when you were in school to become an 6 industrial hygienist 7 A We touched on asbestos there but I 8 had some of the external courses as well as far as 9 building inspection operations maintenance 10 planning project management 11 Q Okay Was asbestos asbestos 12 abatement asbestos management an area that you 13 emphasized when you were going to school to be -- 14 to obtain your degree in industrial hygiene 15 A No. We didn't have any really areas 16 of emphasis at that time 17 Q Okay So in the 1990s you were 18 working at Rust Environment & Infrastructure At 19 some point you left correct 20 A That's correct 21 Q Where did you go next 22 A I went to Reynolds Metals Company 23 Q Okay And it's a big company but 24 what is -- at the time what was Reynolds Metals in 1 A At times 2 Q Okay What -- can you give me some 3 examples of how you were maybe brought in to deal 4 with a matter related to asbestos 5 A Well at the time we -- it was part 6 of our standard that all the facilities should have 7 an asbestos inspection done at the facility so that 8 they knew where the material was And if the 9 location didn't understand the requirements or get 10 it done I would help them identify the proper 11 people and make sure that it got done in the proper 12 way and it got documented the way that it needed to 13 be 14 Q Would that be related to abatement 15 removal of asbestos Or would it be something -- 16 A In that example it was just 17 identifying and managing it 18 Q Okay 19 A But there were other times that they 20 may be abating it and they wanted to talk about 21 strategies 22 Q Okay So there may be situations 23 where you were brought in to deal with abatement 24 issues and other times there were situations where Page 22 Page 24 1 the business of doing 2 A At the time Reynolds Metals 3 Company they had several different businesses 4 One was the actual making of aluminum from alumina 5 They had a plant that actually made the alumina 6 from bauxite We had a division that took the 1 you were brought in to -- after asbestos had been 2 identified and then you went in to try to minimize 3 or eliminate the risk of exposure to asbestos 4 A Proper management in place 5 Q Got you How long have you worked 6 there 7 metal and made cans We had a division that took 7 A I worked -- well I was with 8 the metal and made extrusions So it was a variety 8 Reynolds until 2000 when we merged into Alcoa 9 of things 9 Q So you said you had the same -- 10 Q And I'm sorry What year did you go 10 well I will let you tell the story 11 to -- what year were you hired 11 What happened in 2000 12 A 1994 12 A Well the actual activity depends on 13 Q And when you went there what were 13 who you listen to whether it was a buyout or a 14 your specific job duties or responsibilities 14 merger But we became one company Reynolds Metals 15 A I was -- my title was regional 15 Company and Alcoa 16 industrial hygienist But essentially I was in 17 resource in the plants so it was sort of a mixed 16 Q Did your job duties change at all at 17 that time 18 role We went to the locations and audited them 18 A Shortly after I was asked to move 19 against the practices of OSHA standards 19 to Pittsburgh and a become part of the services 20 And then when they needed help to make sure | 20 group At the time I was in Richmond as the health 21 that they wanted me to improve the programs they 21 = and safety manager of the packaging division 22 called us in to help get things done 22 I went back -- so when I moved to 23 Q Okay And your work there did that 24 touch on asbestos in any way 23 _~ Pittsburgh I went back strictly into an industrial 24 hygiene role EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 25 1 Q Okay In present day where are you 1 2 employed 2 3 A I retired in August of this year 3 4 Q From where did you retire from 4 5 A From Alcoa 5 6 Q Okay 6 7 A Yes 7 8 Q Congratulations 8 9 A Thank you 9 10 Q What are you doing presently other 10 11 than testifying at corporate depositions like this 11 12 MR OSWALD Object to the form 12 13 THE WITNESS Yeah Just a little 13 14 bit of consulting work I will be 14 15 helping a group identify a strategy for 15 16 control but not very much work at all 16 17 BY MR KENNEY 17 18 Q Have you actually opened up your 18 19 consulting business 19 20 A No have not 20 21 Q Okay And is your consulting 21 22 work -- well what types of clients do have in =| 22 23 terms of your consulting work 23 24 A It's strictly Alcoa 24 Page 26 1 Q Strictly Alcoa And in terms of the 1 2 consulting work that you performed have you done 2 3 any consulting work related to asbestos 3 4 A Not yet 4 5 Q Okay What type of consulting work 5 6 have you performed 6 7 A Well basically assisting in this 7 8 type of activity but that's all to date 8 9 Q Okay Okay Now looking back at 9 10 your work experience as an industrial hygienist 10 11 has any of your work involved the dealing of sites 11 12 or properties that are dealing with environmental 12 13 contamination issues 13 14 A Not they related to asbestos 14 15 Q Are there hazardous substances -- 15 16 withdraw that 16 17 How about other substances have you 17 18 dealt with contamination issues with sites related 18 19 to other substances 19 20 A Very briefly There was just one 20 121 case that I assisted on 21 22 Q Can you tell me a little bit about 22 23 youryour experience 23 24 A Yeah We have a facility that when 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 28 Q Okay Do you recall the plant in question or the site in question A Yes It was Lake Charles Carbon Company Q Where is that located A In Lake Charles Louisiana Q Okay right So you have in front of you marked as Exhibit 1 a Notice of Deposition Have you had an opportunity either today or prior to today to review the notice of deposition A have Thereupon the respective document was marked as Exhibit Number 1. BY MR KENNEY Q Okay Do you have some idea as to what the areas are we are going to be talking about today A Yes Q right Are there any topics listed in Exhibit 1 that you're not qualified to provide testimony on today EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 29 Page 31 1 A I don't believe so But most of the 2 information that I have accumulated for these 3 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 9 have reviewed -- historical documents that you have 10 reviewed 11 A That's correct 1 A Correct 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 S _ 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 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 13 deposition testimony that you reviewed an 14 affidavit testimony 15 A Yes I consider that documentation 16 but maybe -- 17 Q That's fine 18 A -- it's just terminology 19 Q right And 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 12 A That's fine 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 O 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 23 Q Okay And just to be clear even 24 though you were employed by Reynolds Metals you Page 30 Page 32 1 at issue in this case correct 1 never worked at the Tilo plant correct 2 A That's correct 23 A That's correct 3 MR OSWALD That's correct 23 Q Have you ever been to the site 4 BY MR KENNEY 4 A No sir 5 Q Okay So Exhibit 1 asks for the 5 Q No site visit Okay 6 person most knowledgeable to provide testimony 6 Have you -- aside from the 7 about the items in the notice of deposition And 7 deposition of Flanders Dobson and Edward Sink have 8 aside from what we just discussed you're here 8 you either reviewed -- and I think there was a 9 today as a representative of Reynolds Aluminum 9 third one there 10 Development Company who has that knowledge is that | 10 11 correct 11 A Homer Cole Q Homer Cole 12 A That's correct 12 Have you either reviewed or spoken 13 Q And if use the term RADCO 13 to any former workers from the Tilo factory 14 A will you understand that I am referring 14 A On one occasion we called a former 15 to Reynolds Aluminum Development Company 15 employee to try and gather some information about 16 A Yes 16 something in the documentation that we were -- we 17 Q Okay So there's not going to be 18 any confusion if 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 23 understand that Tilo is the Stratford plant in 24 question that we're talking about 17 had questions about 18 Q Okay 19 A But we didn't get any more 20 information that we were looking for 21 Q Okay Do you recall his or her 22 name 23 A don't sorry 24 Q Okay And were there any notes EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 33 Page 35 1 taken in that conversation 1 2 A I don't recall 2 3 Q Okay Do you remember what that 3 4 specific issue related to You said you had seen 4 5 something and you called the witness to get more 5 6 information What was the issue 6 7 A were just trying to confirm where 7 8 asbestos was actually used in the plant 8 9 Q Okay And were you ever -- you 9 10 weren't ever able to get an answer 10 11 A Well we were trying to determine if 11 12 there was anybody that had any information that we | 12 13 used outside of the asbestos department and that 13 14 was not the case We did not get any information 14 15 that indicated that 15 16 Q Fair enough 16 17 One other thing before we get too 17 18 deep into this Unless I say otherwise when I say 18 19 you mean RADCO So you understand that 19 20 A Okay 20 21 Q Okay At any point throughout this 21 22 deposition if there is any confusion just let me 22 22 know and I can clarify But if say did you I 23 22 am referring to RADCO -- 24 Page 34 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 a 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 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 36 123 A Okay 123 Q unless I qualify it in some other 123 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 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 22 manufacturing operations 23 MR FOUNTAIN Object to the form 24 THE WITNESS I believe that the 1 THE WITNESS No. 2 BY MR KENNEY 3 Q Do you agree that if there is more 4 than one way to make a product a company has to 5 choose the one with the least risk to the public 6 MR FOUNTAIN Objection to form 7 THE WITNESS I think there's a lot 8 of factors that need to be considered 9 whenever -- whenever deciding on a 10 process and I think that -- that is a 11 factor 12 BY MR KENNEY 13 Q With respect to manufacturing 14 operations would you agree that a company who is 15 manufacturing products in a highly populated area 16 residential area has to choose and manufacture in a 17 way that has the least amount of risk to the 18 public 19 MR FOUNTAIN Objection to form 20 THE WITNESS Again I think there 21 are a lot of factors to be considered in 22 any -- manufacturing operations 23 BY MR KENNEY 24 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 1 2 MR KENNEY Counsel I have a copy 2 3 for you 3 4 MR FOUNTAIN Thank you 4 $ Thereupon the respective S 6 document was marked as Exhibit 6 7 Number 2. 7 8 BY MR KENNEY 8 9 Q This is a prospectus that has been 9 10 produced in this case from April of 1939 10 11 Have you seen this document before 11 12 A I believe I have 12 13 Q Okay You have it there in front of 13 14 you and we may refer to this as I ask you some 14 15 follow questions 15 16 A Okay 16 17 Q really want to use this to aid us 17 18 in talking a little bit about the company and its 18 19 beginnings 19 20 I understand that Tilo Roofing 20 21 Company was founded in 1915 is that correct 21 22 A Tilo Roof I believe so 22 23 Q Okay And when it was created what 23 24 _was Tilo Roofing Company in the business of doing | 24 Page 38 at that time 1 2 A According to the records I've seen 2 3 they applied roofing materials 3 4 Q Right At that time in 1915 Tilo 4 5 wasn't making any products correct 5 6 A That's what I believe yes 6 7 Q That changed in 1934 didn't it 7 8 A believe so 8 9 Q Okay What happened in 1934 9 10 A They built - I believe they built 10 11 the factory and started making roofing tiles 11 12 Q Okay 12 13 A Asphalt roofing tiles 13 14 Q Okay According to Exhibit 2 in 14 15 1934 Tilo Roofing Company was also incorporated 15 16 correct Is that your understanding that Tilo 16 17 Roofing Company was incorporated in 1934 17 18 A I believe so 18 19 Q_ right Let's focus on 1934. A 19 20 lot happened Tilo Roofing Company was 20 21 incorporated and they went from a company that was 21 22 ~ _an installer to a company that was not only an 22 23 installer but also making products correct 23 24 A I believe so yes 24 Page 39 Q In 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 -- I will give you the last four digits 7002 Okay Top of the page first paragraph take a minute to just review that And let me know when you're ready A Okay Q According to this document in 1937 Page 40 new product was introduced by Tilo correct A Correct Q What product was that A It was the asbestos cement shingles Q Okay And specifically the asbestos cement shingles where was that to be applied A The side of buildings Q Okay So the product in question here that essentially was an asbestos cement siding product that went on the sides of homes or buildings A Yes Q Okay And it looks like that in order to make the product the company had to enlarge its plant to house new machinery and equipment A That's what this says yes Q Okay And the asbestos cement siding division was placed in operation by March of 1937 correct A That's what it says yes Q So we're in agreement that by 1937 the Tilo's plant in Stratford Connecticut is EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 41 Page 43 1234 making asbestos cement siding among other 1234 products 1234 A Yes 1 GlasFloss Corp. as well Did you ever see any 2 reference to that 3 A I don't recall that 4 Q Okay And I'm just going to show 5 you what's been marked as Exhibit 3 just to kind 4 Q So tell me a little bit about 5 Atlantic Asphalt & Asbestos Triple A as you 6 of track again the company historya bit 7 Thereupon the respective 6 indicated What was the relationship between that 7 company and Tilo 8 document was marked as exhibit 8 A My understanding from the 9 Number 3. 9 documentation is that they were a wholly owned 10 BY MR KENNEY 10 subsidiary that they sold some of the products 11 Q We have just mentioned a minute ago 11 that Tilo made at that facility 12 that in 1937 Tilo introduced this asbestos cement | 12 Q Okay Who did they sell those 13 siding product And then if we look here in 13 products to 14 Exhibit 3 at the advertisement in the top 14 A To distributors 15 hand corner you can see there is an 15 Q Such as hardware stores and lumber 16 advertisement for Tilotex Insulating Sidewalls 16 yards 17 A Yes 17 A _ I believe so yes 18 Q And at the bottom of that 18 Q Okay Where was Triple A located 19 advertisement it states that Tilo is America's 19 A They were located -- I believe they 20 largest roofer and sidewall insulator 21 A right 20 were located at the same place that Tilo was 21 Q Okay So they were on the same site 22 Q So between 1937 and 1945 Tilo 22 as Tilo 23 certainly had a major presence with respect to the | 22 A I believe so 24 asbestos cement siding industry correct 22 Q In Stratford Connecticut _ Page 42 Page 44 1 MR FOUNTAIN Object to the form 2 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 All 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 bit But I do want to talk a little bit about 12 Tilo and some of the companies that they acquired 13 14 __ 15 Can you tell me a little bit about the structure of Tilo and some of the businesses 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 23 A 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 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 20 A I believe that's the testimony yes 3 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 23 23 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 Okay BY MR KENNEY 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 Page 46 Page 48 123 Roofing Company Tilo was still in the business of 123 making asbestos cement siding correct 1 _ history is with respect to the corporate 2 transactions from Tilo Roofing Company being 3 A I believe that's correct 3 incorporated and then to being acquired by another 4 Q Now when the acquisition occurred 4 company in 1961. What is your understanding of 5 the company name was changed correct 5 those transactions 6 A Which company Tilo 6 A My understanding is that in 1961 a 7 Q Yeah When the acquisition 7 subsidiary of Reynolds Metals Company purchased the 8 occurred the company name changed from Tilo 9 Roofing Company to Tilo Company 10 A That's what I understand 8 Tilo Company 9 Q Okay 10 A And then that Tilo -- that company 11 COURT REPORTER Changed to what 11 remained as a subsidiary of -- the Reynolds 12 MR KENNEY It changed from Tilo 12 subsidiary 13 Roofing Company to Tilo Company Inc. 13 Q And did the Tilo Company go through 14 correct 14 any name changes during that time period 15 THE WITNESS That's what I 15 A Well as we just said they went 16 understand yes 16 from Tilo Roofing Company to Tilo Company 17 MR KENNEY All right 17 Q And at some point in the future 18 MR FOUNTAIN Brian I think if you 18 that name was changed again correct 19 want to have it accurate that it was 19 A I believe so 20 originally Reynolds Aluminum Building 20 Q What was the name changed to 21 Products Company in 1961 that acquired 21 A I don't know that I could get it 22 Tilo rather than Reynolds Metals I 222 exactly right I would have to look it up in the 23 believe that's correct 222 documentation 24 MR KENNEY I don't think that is 222 Q right We can revisit that EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 49 Page 51 1 after a break 2 A Okay 3 Q Is it fair to say that throughout 4 these transactions -- corporate transactions the 5 manufacturing facility in Stratford Connecticut 6 remained in the same location 7 A That's correct 8 Q right And just so we're clear 9 the site in question is the Barnum Avenue Cutoff 10 and the Longbrook Avenue address in Stratford 11 Connecticut correct 12 A I believe so I would have to look 13 at map 14 Q Okay All right So let's move on 15 One of the items in the notice of 16 deposition asks whether -- or why Tilo chose 17 Stratford as a location for its manufacturing 18 plant Do you know why that is 19 A was not able to find anything in 20 the literature to help us out on that one 21 Q Okay just want to take a look at 22 Exhibit 2 for moment you could turn to Bates 23 Number 7009 24 A Okay 1 intended to put a plant there 2 BY MR KENNEY 3 Q And certainly Tilo engaged in a bit 4 of public relations before building the plant by 5 showing town officials another plant that made 6 similar products that Tilo wanted to make True 7 MR FOUNTAIN Objection to form 8 THE WITNESS I don't know -- I 9 don't know about public relations but 10 they did -- it does say that they did 11 show them another location 12 BY MR KENNEY 13 Q You agree that in 1934 when the 14 Tilo factory was built Tilo was not making 15 asbestos cement siding True 16 A That's what I understand 17 Q That occurred several years later 18 A That's what I understand yes 19 Q So when Tilo sought out Stratford as 20 place to make products the Town of Stratford 21 didn't know at that time in 1934 that Tilo would be 22 _ in the business of manufacturing asbestos products 23 True 24 MR FOUNTAIN Objection form __ Page 50 Page 52 123 Q At the bottom of the page that last 123 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 13 advised the council of the nature of its business 14 and the committee of the council visited a similar 15 16 17 _ 18 plant of another corporation to determine if it 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 THE WITNESS I don't know what they 2 found 3 BY MR KENNEY 4 Q Aside from asbestos cement siding 5 did Tilo make any other containing 6 products at its plant in Stratford 7 A I did not find anything in the 8 literature that indicated it did 9 Q Okay I'm going to show you a 10 document that I marked as Exhibit 4 11 A Okay 12 Thereupon the respective 13 document was marked as Exhibit 14 Number 4. 15 BY MR KENNEY 16 Q Take a minute to look at that 17 And you'll agree that Exhibit 4 is a 18 document dated January 25th 1965 at the top 19 hand corner there 20 A Yes yes 21 Q And above that it says AFD 22 Asbestos 23 A Yes 24 Q Okay And below that to the left EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 53 Page 55 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 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 COURT REPORTER I'm sorry But can 2 -- you 3 THE WITNESS I said That's what 4 this says 5 BY MR KENNEY 6 Q And contained in this letter is a 7 ~~ reference to the fact that they -- that Tilo was 8 using a certain grade of asbestos fiber in its 9 asphalt adhesives 10 A That's what M says yes 11 Q Do you have any reason to dispute 12 the fact that Tilo was using asbestos in its 13 asphalt adhesives 14 A We could not find any supportive 15 evidence in any of the Tilo documents 16 Q Have you reviewed any documentation 17 on asphalt adhesives that may have been 18 manufactured by Tilo 19 A I did not see any 20 Q Now you testified that Tilo began 21 making asbestos cement siding in 1937. When did 22 Tilo stop making asbestos cement siding 23 A According to Mr. Sink's testimony 24 it was in 1969 Page 54 Page 56 ~ Do you see that there 2 A do 04 Q Do you agree that certainly that 4 statement seems to imply that Tilo is using 5 asbestos in asphalt adhesives 6 MR FOUNTAIN Objection to form 7 THE WITNESS This document from M 8 does suggest that they may have used 9 asbestos in the adhesive That's what it 10 says 11 BY MR KENNEY 12 Q And then that last paragraph the 13 last sentence at the bottom of the page it says 14 quote He also wants to know anything we can tell 15 him regarding the effect of asbestos on the 16 adhesiveness of their product 17 Do you see that there 18 A Yes 19 Q So certainly in 1965 there is a 20 visit by Manville to Tilo regarding 21 basically asbestos fibers and the strength of 22 certain grades of asbestos fiber correct 23 MR FOUNTAIN Objection to form 24 THE WITNESS That's what this says 1 Q Okay Just to give everyone a 2 general idea we are marking Exhibit 5 Answers -- 3 Reynolds Aluminum Development Company's Answers and 4 Objections to Plaintiffs Interrogatories in the 5 Consolini case 6 MR KENNEY And we are marking this 7 as Exhibit 5 8 Thereupon the respective 9 document was marked as Exhibit 10 Number 5. 11 BY MR KENNEY 12 Q I want to direct your attention -- 13 first off have you ever reviewed this document 14 before 15 A I believe I did 16 Q Okay 17 A This is Consolini 18 Q Yeah 222222 A I don't believe I did 222222 Q Okay Are you able to talk about 222222 the different brands of asbestos cement siding that 222222 Tilo made between 1937 and 1939 222222 MR OSWALD '69 24 EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 57 Page 59 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 No 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 of Tilo 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 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 paraphrasinga 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 _ Page 58 Page 60 1234 siding products made by Tilo 1234 A don't recall 1234 Q Now would you agree that 4 fiber chrysotile asbestos was used in the 5 manufacture of asbestos cement siding 6 A I believe that was in the 7 deposition 8 Q Are you able to walk me through the 9 manufacturing process required to make asbestos 10 cement siding 11 A Personally no I don't believe I 12 can do that There were some details in some of 13 the documentation that showed how that was done 14 Q Okay And you've read the 15 deposition transcript of Flanders Dobson 16 A have 17 MR KENNEY And I'm going to mark 18 that as Exhibit 6 19 Thereupon the respective 20 document was marked as Exhibit 21 Number 6. 22 BY MR KENNEY 23 sorry on account of the size of 24 that 1 A Yes Cement marble asbestos and 2 water yeah 3 Q Okay Between page 15 and 17 4 Mr. Dobson kind of talks about the process of 5 mixing these products But you would agree that he 6 testified that he would use three bags of asbestos 7 fiber that weighed about 100 pounds each that would 8 be put into this mix 9 A Yes I recall reading that 10 Q You don't have any reason to 11 disagree with that statement 12 A No I have no reason 13 Q Okay And again kind of 14 paraphrasing from pages 15 through 17 of his 15 transcript but Mr. Dobson also testified that he 16 used asbestos fiber from Johnson 17 A Yes 18 Q And from Manville correct 19 A That's correct 20 Q And you don't have any reason to 21 dispute that statement 22 A not 22 Q Okay And he testified as well that 24 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 Page 63 1 quote the long asbestos fiber correct 2 A That's what he says 3 Q right And the asbestos from 1 the math I didn't run the numbers 2 Q Okay Let me show you what has been 3 marked as Exhibit 7 | ly 4 I - was more like powder believe he 4 5 testified to 5 Thereupon the respective document was marked as Exhibit 6 A believe that's what he said 7 Q Okay Do you have any reason to 6 Number 7. 7 BY MR KENNEY 8 dispute his testimony as to the length of fibers 9 that were used 8 Q Have you seen this document before 9 A believe I have 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 10 Q right Well at the top page of 11 Exhibit 7 you see that it's entitled Appendix 12 and looks like maybe C -- well it says 13 Appendix And then below that it says Job 14 classification and rate ranges effective June 2nd 15 Q Okay On page 17 Mr. Dobson 15 1965. 16 __ 17 _ 18 testified -- and again I'm paraphrasing But he testified that every time he had a mixture in the vat that he used 300 pounds of asbestos 16 17 _ 18 Now below that there is a heading entitled Asbestos Department Do you see that there 19 Do you dispute that system in any 19 A Yes 20 way 21 A No do not 20 Q Do you know whether the plant's 21 asbestos operations were confined to one building 22 Q Mr. Dobson on page 19 testified 22 or a series of buildings 23 that he would make 22 to 23 batches of this mix =|23 A According to what I've read in the 24 a day over an eight period Do you have any 24 documents it was in one building ; Page 62 Page 64 123 reason to dispute that testimony 2 A do not 123 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 10 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 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 do not 20 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 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 a warehouse yes 7 And do you recall seeing testimony 8 that to the effect that the warehouse the doors 9 of the warehouse remained open because of the 10 activity of the you know workers throughout the 11 day 12 A I 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 123 A Not from anv nersonal knowledao no Linda Maillet Volume I Janu 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 Q So what you have in front of you is 19 Exhibit 8. And on the cover page of that document 20 it's entitled Tilo Topics 21 Do you see that there 22 A do 23 Q Okay Now this product was 24 produced by RADCO in the litigation And my first Page 66 1 well withdraw that 2 At any point did Tilo make a 3 asbestos sidewall product during the same 4 period of time that it was making an 5 containing sidewall product 6 A From what we've been able to get out 7 of the literature we believe that some of the 8 asphalt products may have been used as siding So 9 I think that's what that's referring to 10 Q Okay So if I was a potential 11 customer of Tilo during that time period and I 12 _ wanted to put siding on my house a Tilo 13 representative could present me with two options 14 one would be asbestos cement siding or a 15 asbestos asphalt siding 16 MR FOUNTAIN Objection to form 17 THE WITNESS I believe that would 18 be the case 19 BY MR KENNEY 20 Q Okay So I'm just trying to kind of 21 place this This document isn't dated so I'm 22 trying to kind of place this in time in terms of 23 _ when this document may have been produced And 24 _ that first sentence says that over 18 years ago _ Page 68 1 question to you is What is Tilo Topics 2 A Well based on what we see here 1 Tilo began using asbestos in the manufacture of 11 2 some of our sidewall products 3 it's a document that's put together for information | 3 And as you testified today Tilo 4 purposes 4 began making asbestos cement sidewall products in 5 Q It appears to be a Tilo publication 5 1937 correct 6 A It appears to be so yes 7 Q Let's turn to page 3. And just so 8 there is no confusion page 3 -- it's numbered -- 6 A That's what we said yes 7 Q So if we add 18 years from that 8 date it would bring us up to about 1955 correct 9 the actual Tilo Topics document is numbered Do 9 10 you see that there 10 11 A Yes 11 A Okay Q 1937 plus 18 is 1955 So in an effort to just kind of try 12 Q Okay Page 3 of the Tilo Topics 13 document Okay All right So you're on page 3 14 And take a look at the second full paragraph on 12 to place an approximate date as to when this 13 publication might have been made do you agree that 14 this document was published sometime in or after 15 page 3. It starts with Over 18 years ago 16 Do you see that 17 A Yes 18 Q Okay So it states here that over 19 18 years ago Tilo began using asbestos in the 20 manufacture of some of our sidewall products 21 Do you see that there 22 A Yes do 15 1955 16 MR FOUNTAIN Objection to form 17 The document speaks for itself 18 THE WITNESS It would make sense 19 MR KENNEY Okay I understand the 20 document speaks for itself I'm just 21 trying to find a time range for when this 22 document was produced 23 Q I notice here there's a reference to 24 some of our sidewall products When Tilo -- 23 24 BY MR KENNEY EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 69 1 Q You don't disagree with that 1 22 A No. 2 22 Q Now the next sentence states that 3 4 approximately 150 railroad cars of asbestos or 4 5 about three per week are brought into our Stratford 5 6 plant from the mines in Quebec 6 7 Did I read that correctly 7 8 A I believe you did 8 9 Do you agree with that statement 9 10 here that Tilo received raw asbestos fiber by rail 10 11 car 11 12 MR FOUNTAIN Object to form 12 13 THE WITNESS I have no reason to 13 14 dispute it 14 15 BY MR KENNEY 15 16 Q You agree that Tilo received raw 16 17 asbestos that came from mines in Canada 17 18 MR FOUNTAIN Object to form 18 19 THE WITNESS That's what it says 19 20 BY MR KENNEY 20 21 Q It says Quebec 21 22 Do you agree that during this time 22 23 period which we have established as sometime in or 24 _ after 1955 that Tilo was receiving three railroad | 23 24 Page 70 1 cars of asbestos per week 1 234 MR FOUNTAIN Objection to form 2 234 THE WITNESS That's what this 3 4 implies yes 4 5 BY MR KENNEY 5 6 Q It also states that Tilo was 6 7 essentially receiving 150 railroad cars of asbestos 7 8 per year correct 8 9 A That's what it says yes 9 10 Q Now take a look at the second 10 11 column on that page The first full paragraph it 11 12 says quote the long asbestos fiber is more 12 13 costly than the short variety and Tilo naturally 13 14 uses more of the former than any other concern in | 14 15 the sidewall industry 15 16 Did I read that correctly 16 17 A I believe you did 17 18 Q And would you agree that -- well do 18 19 you agree with that statement that Tilo was using 19 20 more long asbestos fiber than its competitors in 20 21 the sidewall industry 21 22 MR FOUNTAIN Objection to form 22 23 THE WITNESS I have no reason to 23 24 dispute this 24 Page 71 BY MR KENNEY 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 BY MR KENNEY Q Now who did Tilo purchase raw asbestos fiber from A According to what we've -- or some of the testimony we've seen they purchased fiber from Manville Johnson and I think there was another company listed in there Q So certainly Tilo purchased raw asbestos fibers from at least two companies and maybe a third A I believe so Q And as we've seen from the document here Tilo purchased large quantities of raw asbestos fiber correct MR FOUNTAIN Objection THE WITNESS We have the quantities Page 72 here They reference rail cars BY MR KENNEY Q It's a significant amount of asbestos that was purchased by Tilo per year correct A Well I hate to agree with words like significant Based on what different people have used I don't know We have more of a factual description of what they bought Whether that's significant or not I don't care to comment on Q Okay I'll show you what has been marked as Exhibit 9 Thereupon the respective document was marked as Exhibit Number 9. BY MR KENNEY Q Have you seen Exhibit 9 before A I believe I have Q And do you agree that these are yearly asbestos fiber summaries from Manville 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 Page 73 Page 75 1 BY MR KENNEY 2 Q Okay And these fiber summaries -- 3 yearly asbestos fiber summaries relate to Tilo 4 Roofing Company among others 5 MR FOUNTAIN Objection 6 THE WITNESS Among others yes 7 BY MR KENNEY 8 Q Do you have any reason to dispute 9 the accuracy of these fiber summaries 10 A do not 11 Q Okay So for example according to 1 your attention to the second sentence 2 It states quote We have gained 3 third of their fiber supply by our deviation 4 stipulating not more than 7.1 percent minus 200 5 mesh finds by their test 6 So certainly -- but this statement 7 here is indicating that in 1959 Manville is 8 supplying third of the asbestos that Tilo was 9 using correct 10 MR FOUNTAIN Objection Form 11 THE WITNESS That's what their 12 this document Tilo in 1950 purchased 895 tons of | 12 document says yes 13 raw asbestos fiber from Manville 13 BY MR KENNEY 14 You don't dispute that do you 15 A I don't dispute that 16 Q And as you can see on the next page 17 in 1964 Tilo purchased 1,087 tons of raw asbestos 18 fiber Again you don't have any reason to dispute 19 that figure do you 20 A do not 21 Q I'm going to show you a document 22 that has been marked as Exhibit 10 23 14 Q Okay Do you have any reason to 15 dispute that claim that Manville is 16 supplying third of Tilo's fiber supply during 17 _ this time period 18 A No do not 19 Q Okay And in fact if you -- if we 20 were to refer back to Mr. Dobson's deposition 21 testimony do you recall that he testified he used 22 two bags from Johnson and one bag from 23 Manville 24 24 A That's what he said yes _ Page 74 Page 76 123 Thereupon the respective 123 document was marked as Exhibit 3 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 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 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 Page 77 Page 79 1 MR FOUNTAIN Objection to form 2 THE WITNESS I believe so 3 BY MR KENNEY 4 Q other words based on the 5 documents I showed you Tilo purchased 6 approximately 2,589 tons of raw asbestos fiber in 7 1959 8 MR FOUNTAIN Object to the form 9 THE WITNESS I can't dispute that 10 BY MR KENNEY 11 Q That is a figure you just come up 12 with by simple math correct 13 MR FOUNTAIN Objection 14 THE WITNESS I assume so 15 MR KENNEY All right 16 MR FOUNTAIN In about five 17 minutes why don't we take a short break 18 MR KENNEY Yeah If you want to 19 take a break now that's fine 20 How are you doing 21 THE WITNESS I'm okay 22 MR KENNEY Why don't we take a 23 break now I am about to go off 24 different topic So 1 about the products they're using based on 2 what's available to them at the time 3 BY MR KENNEY 4 Q That's important for worker safety 5 correct 6 I believe so yes 7 Q If individuals are mixing products 8 or components of products and they may be hazardous 9 in some way certainly prudent companies want to 10 know about that correct 11 MR FOUNTAIN Objection to form 12 THE WITNESS Prudent companies want 13 to keep up with what the knowledge is 14 BY MR KENNEY 15 Q And certainly that's important for 16 the end user of the product too 17 MR FOUNTAIN Objection to form 18 THE WITNESS I would believe so 19 BY MR KENNEY 20 Q Prudent companies don't want to harm 21 the end user 22 MR FOUNTAIN Objection to form 22 THE WITNESS I believe so 24 __. Page 78 Page 80 - THE VIDEO SPECIALIST All right 2345 We're going to go off the record The 2345 time is now 11:28 4 Break taken 5 THE VIDEO SPECIALIST We're going 6 to go back on the record The time is 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 12 MR FOUNTAIN Objection to form 13 THE WITNESS I think that's -- I'm 14 not sure I understand exactly what your 15 question is Can you rephrase it 16 BY MR KENNEY 17 Q Well you would agree that prudent 18 companies want to learn as much about the 19 materials the raw materials that they're using or 20 that go in to making products in order to make sure 21 that the products they're making are safe 22 MR FOUNTAIN Objection to form 23 THE WITNESS I believe the 24 manufacturers of products should know 1 BY MR KENNEY 2 Q And likewise that is also 3 important for environmental reasons true 4 MR FOUNTAIN Objection to form 5 THE WITNESS I believe so 6 BY MR KENNEY 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 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 Page 83 1 MR FOUNTAIN Objection 23 THE WITNESS Based on the 3 literature and based on Mr. Sink's -23 A Okay -23 Q Do you see at the bottom of the page -23 there is a heading entitled Asbestos Dust 4 testimony that's what I believe 5 BY MR KENNEY 4 Hazards 5 A Yes 6 Q So aside from Mr. Sink's testimony 7 do you have any other reasons to support that 8 statement 6 Q Would you agree that in 1934 the 7 ~~ State of Connecticut recognized asbestos as a dust 8 hazard 9 COURT REPORTER Reasons to 10 support 11 MR KENNEY That statement 9 MR FOUNTAIN Objection to form 10 THE WITNESS It's listed here in 11 their document 12 THE WITNESS I believe -- I'm 13 basing it on Mr. Sink's testimony 12 BY MR KENNEY 13 Q Okay you take a look at that 14 BY MR KENNEY 14 first paragraph below that heading of Asbestos 15 Q Okay And so we know that Tilo made 15 Dust Hazards it appears that only four plants in 16 asbestos cement siding in 1937. And is it your 16 the State of Connecticut received asbestos in raw 17 testimony today that knowledge regarding the 17 form during this time period correct 18 association between asbestosis and asbestos was not | 18 19 known in 1937 19 MR FOUNTAIN Objection to form THE WITNESS That's what they say 20 MR FOUNTAIN Objection to form 20 BY MR KENNEY 21 THE WITNESS No. It's my testimony 21 Q So in 1937 Tilo joined a pretty 22 that Mr. Sink testified to their 22 select club when it began purchasing raw asbestos 23 knowledge in 19- -- in the mid 50s 24 __ 23 fiber to make asbestos cement siding True 24 MR FOUNTAIN Objection to form __ Page 82 Page 84 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 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 21 ~~ 22 23 24 Q And what does it say on the next line A Asbestosis General Q Okay Now turn to page 507. me know when you get there Let 1 2 3 4 5 6 7 8 9 10 11 12 13 | 14 15 16 17 18 19 20 21 22 23 24 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 Idon'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 Page 87 123 THE WITNESS That's one 1 123 interpretation 2 123 COURT REPORTER Give him just a 3 4 minute to see if he's going to object 4 5 THE WITNESS Okay 5 6 MR KENNEY Okay Let me show you 6 7 what has been marked as Exhibit 12 7 8 Thereupon the respective 8 9 document was marked as Exhibit 9 10 Number 12. 10 11 BY MR KENNEY 11 12 Q Have you seen this document before 12 13 A I don't recall 13 14 Q And the document is entitled 14 15 Connecticut Health Bulletin and there is a date 15 16 there of December 1936 16 17 A Yes 17 18 Q Turn to the next page of this 18 19 document And the top of the page there's a title 19 20 that says Control of Dust Exposures in 20 21 Connecticut 21 22 A Yes 22 23 Q And the author of the article is 24 _ Dr. AlberSt. Gray 23 24 Page 86 And further down in the article under Factors in Pneumoconiosis I just want to draw your attention to the -- I want to draw your 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 88 123456 A That's correct 123456 Q And the first sentence here states 123456 Exposure to dust of the type which produces 123456 pneumoconiosis presents the most serious single 123456 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 12 A I believe so 13 Q Asbestosis is also considered or is 14 a synonym of pneumoconiosis correct 15 MR FOUNTAIN Objection to form 16 THE WITNESS I'd have to go back 17 and look at my historical files on this 18 BY MR KENNEY 19 20 21 22 23 ~ 24 Q Fair enough Fair enough But essentially Dr. Gray here is writing that dust that can scar the lung is the number one occupational hazard in the state the time correct A He's saying pneumoconiosis yes 1 Q 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 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 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 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 =| 22 23 occupational disease MR FOUNTAIN Objection to form THE WITNESS I don't know what was 24 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 S Exhibits 12 and Exhibits 11 were documents that 6 were created by the State of Connecticut 7 A That's what they say yes 8 They're public documents correct 9 A I believe so 10 And fair to say that you haven't 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 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 18 A In the documentation we saw some 19 reference to potential cancer outcomes in the late 20 = 60s 21 I show you what's been marked as 22 Exhibit 13 22 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 | 19 20 21 22 23 24 that many substances can cause cancer in humans And then it goes on to list a number of substances that could cause cancer As you scan that you can see here that this article identifies asbestos as a substance that can cause cancer correct MR FOUNTAIN Objection to form THE WITNESS This document does list asbestos BY MR KENNEY Q So certainly by the 1950s reporters for publications like the New York Times are starting to make the public aware that asbestos can lead to cancer MR FOUNTAIN Objection to form MR OSWALD Objection to form BY MR KENNEY Q Would you agree to that MR FOUNTAIN Same objection THE WITNESS Asbestos is listed in this column yes BY MR KENNEY Q Do you agree that certainly if Tilo wanted to know whether asbestos had the potential . Page 90 Page 92 1 Thereupon the respective 20 document was marked as Exhibit 3 Number 13. 4 BY MR KENNEY 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 Q Very small print And I apologize 5 first became aware of this 6 in advance so I will do my best to kind of read it 6 BY MR KENNEY 7 for you 8 You see at the top of the page of 9 this exhibit it says Science in Review 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 A Yes 11 Q Tobacco industry acts to determine 10 exposure can lead to the development of 11 mesothelioma 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 12 A I did not see anything in the 13 literature to suggest a time frame 14 Q Okay Let me show you a document 15 that's been marked as Exhibit 14. Have you seen 16 this document before 17 A Oh yes 17 A I don't recall 18 Q Okay Now if we look at the second 18 Thereupon the respective 19 column there is a heading entitled Many Causes | 19 document was marked as Exhibit 20 A Yes 20 Number 14. 21 Q Okay And it indicates that after 21 BY MR KENNEY 22 World War II when the death rate from lung cancer | 22 Q Okay Well again I apologize in 23 began to alert public health authorities to a new 23 advance for the small and fine print but that's 24 health hazard studies the world over established 24 ~~ what we're stuck with EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 93 1 As you can see at the top there 1 20 this is a document from the Bridgeport Post dated 2 3 October 6 1964 3 4 A Yes 4 5 Q And actually right below that 5 6 there's an article heading entitled Asbestos 6 7 Linked to Lung Cancer 7 8 Do you see that 8 9 A Yes do 9 10 Q And if you read the first two 10 11 paragraphs you will see that this article not only 11 12 mentions an association between asbestos and lung 12 13 cancer but it states that evidence is mounting 13 14 __ that asbestos causes a specific type of cancer 14 15 called mesothelioma 15 16 Correct 16 17 A Honestly I need to get my eyes 17 18 checked I can't read that 18 19 Q Okay Let me see if I can read that 19 20 for you agree It is small print and I 20 21 apologize for that 21 22 It says New York Medical 22 23 specialists pointed a strong finger of suspicion 23 24 today at asbestos as a cause not only of lung 24 Page 94 1 cancer but also of another extremely rare form of 1 2 ~ fatal human cancer This cancer known as 2 3 mesothelioma involves the lining of the abdominal 3 4 and chest cavities 4 5 Do you see that there 5 6 A assume you read it correctly 6 7 Q So certainly in 1964 a local 7 8 newspaper in the city of Bridgeport is reporting on 8 9 association between asbestos and mesothelioma 9 10 correct 10 11 A That's what it appears to be yes 11 12 Q And I'm going to read this for you 12 13 because I know it's small print again But if we 13 14 look over to the right it's the fourth column 14 15 The first full paragraph there states The cancers 15 16 may not appear until 20 to 30 years after asbestos 16 17 dust is inhaled or swallowed 17 18 Do you see that there 18 19 A Yes 19 20 Q certainly this article here is 20 21 _ kind of providing information that there is a long 21 22 latency between exposure and the development of 22 23 disease correct 23 24 MR FOUNTAIN Object to the form 24 Page 95 THE WITNESS That's what it concluded BY MR KENNEY Q Then if we look at the next paragraph -- and again I'll read it -- it says quote Dr. Hammond said one worry is whether a few even single past exposure even by persons generally might set the stage for cancer Did I read that correctly A I 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 Dr. Hammond says BY MR KENNEY Q Let me show you what has been marked as Exhibit 5 sic MR FOUNTAIN 15 MR KENNEY I'm sorry Almost time for a break I guess - 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 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 Page 97 Page 99 123 pleural mesothelioma correct 123 A Yeah I believe that's what it 123 says 4 Q This is in March of 1966 correct 5 A Yes 6 Q Okay And in the second column 7 here it says that Dr. Lobdell will present quote 8 incidents of asbestos bodies in lungs of 9 Bridgeport inhabitants 10 Do you see that Top 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 A Okay 11 12 Q What are asbestos bodies Do you 12 THE WITNESS That's what Dr. Donneley says -- Donaldson I'm 13 know 13 sorry 14 A I don't know for sure 14 BY MR KENNEY 15 Q Okay Have you seen any document 15 Q Does the company -- does RADCO agree 16 from Tilo that even references the word 16 with that statement that only slight exposures 17 mesothelioma between the years 1937 and 1966 17 to asbestos even at some distance can be 18 A I don't recall any 19 Q Do you recall the first document 18 potentially hazardous 19 MR FOUNTAIN Object to the form 20 that you reviewed that references -- well I'll 21 withdraw that 20 THE WITNESS I think that RADCO 21 would want to quantify words such as 22 MR KENNEY How are we doing on the | 22 slight and some distance 23 tape 23 BY MR KENNEY 24 THE VIDEO SPECIALIST You still 24 Q We've -- up until this document a Page 98 Page 100 1 have about 15 minutes 1 which was written on December 18th 1967 we've 234 MR KENNEY I'm going to go out of 2 seen some newspaper articles regarding asbestos and 3 order a bit on some of these exhibits 3 mesothelioma correct 4 but I'm going to show you an exhibit that 4 A Yes 5 I marked as Exhibit 39 5 Q And those documents have talked 6 Thereupon the respective 6 about the fact that only slight or even a single 7 document was marked as Exhibit 7 exposure to asbestos could lead to the development 8 Number 39. 9 BY MR KENNEY 8 of mesothelioma correct 9 MR FOUNTAIN Objection to form 10 Q Have you seen this document before 11 A Yes I have 12 Q_ And this is a document that's dated 13 September 18 1967 14 A Yes it is 15 Q And it's a letter from a 16 Dr. Donaldson to Tilo's personnel director 17 correct 10 THE WITNESS Those were the 11 opinions of the authors yes 12 BY MR KENNEY 13 Q Does RADCO hold that same opinion as 14 to whether or not a single exposure to asbestos 15 could potentially lead to the development of 16 mesothelioma 17 MR FOUNTAIN Objection form 18 A That's correct 18 THE WITNESS I don't think so 19 Q If we turn to the second page the 19 BY MR KENNEY 20 paragraph in the middle of that page states -- it's 2020 21 the first sentence there It says quote 21 Q You don't think so A No. 22 Asbestos is utilized in your product 22 Q No Or you don't know 23 A Yes 23 Yes no or I don't know 24 Q Now you read that paragraph to 24 MR FOUNTAIN Object to form EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 101 1 THE WITNESS A lot of people have a 1 2 lot of opinions on this and it's still 2 3 argued today So ... 3 4 BY MR KENNEY 4 5 Q You don't know 5 6 A No. 6 7 Q Okay I will show you what has been 7 8 marked as Exhibit 16. Let me know if you have seen 8 9 this document 9 10 A think so 10 11 Thereupon the respective 11 12 document was marked as Exhibit 12 13 Number 16. 13 14 BY MR KENNEY 14 15 Q Okay This is a call report a 15 16 Manville call report and it appears to be 16 17 dated December 26 1968 17 18 A Yes 18 19 COURT REPORTER One more time on 19 20 the date 20 21 BY MR KENNEY 21 22 Q This Exhibit 16 is a Manville 22 23 call report dated December 26 1968 23 24 A Yes 24 Page 102 123 Q You can see in the pertinent data 1 123 _ section there is a reference to Clinton Reed -- 2 3 And Mr. Reed was an employee of 3 4 Tilo correct 4 5 A I believe he was 5 6 Q Okay 6 7 -- wants quote New Yorker 7 8 article And it was mailed December 20th along 8 9 with position paper 9 10 Do you see that there 10 11 A That's what this says yes 11 12 Q Do you know what that reference 12 13 means to the quote New Yorker article 13 14 A No do not 14 15 Q Have you seen the New Yorker article 15 16 in question 16 17 A don't know 17 18 Q Just to be sure I'm going to show 18 19 you what's been marked as Exhibit 17 19 20 Thereupon the respective 20 21 document was marked as Exhibit 21 22 Number 17. 22 23 BY MR KENNEY 23 24 Q Have you seen this document before 24 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 _ 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 Do you know whether or not it employed industrial hygienists like yourself during that time period A I believe so 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 REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 105 1 know about the potential hazards associated with 1 2 asbestos exposure 2 3 A I don't know specifically what they 3 4 were doing in '61 4 5 MR FOUNTAIN Objection 5 6 BY MR KENNEY 6 7 Q Would you agree that by 1961 it 7 8 would have known that asbestos exposure could lead 8 9 to asbestosis 9 10 MR FOUNTAIN Objection to form 10 11 THE WITNESS I don't know what 11 12 they - 12 13 BY MR KENNEY 13 14 Q So you just don't know 14 15 A I don't know 15 16 Q Fair enough So you -- based on 16 17 that testimony it's fair to state that when the 17 18 acquisition occurred in 1961 you don't know what 18 19 information if any was communicated to Tilo 19 20 regarding the potential health hazards associated 20 21 with asbestos 21 22 A That's correct 22 23 Q Okay In your review in preparation 23 24 _ for today have you seen any evidence that it -- at 24 Page 106 1 any point between 1937 and 1969 that Tilo 1 2 performed any sort of product testing to determine 2 3 whether its asbestos cement siding products were 3 4 safe to use 4 5 A I did not see anything 5 6 MR KENNEY How are we doing on the 6 7 tape 7 8 THE VIDEO SPECIALIST Ten minutes 8 9 MR KENNEY All right 9 10 MR FOUNTAIN If you want to break 10 11 that's fine with me 11 12 MR KENNEY How are you 12 13 THE WITNESS Whatever you -- 13 14 MR KENNEY It's 12:05 Want to 14 15 keep going 15 16 MR FOUNTAIN Are you at a breaking 16 17 point 17 18 MR KENNEY I can stop now if you 18 19 want but maybe we should just to -- I'm 19 20 about to go into a different topic 20 21 So -- 21 22 THE VIDEO SPECIALIST All right 22 23 We're going to go off the record The 23 24 time is 12:09 and that will be the end 24 Page 107 of Media Number 1 Lunch break taken THE VIDEO SPECIALIST We're going to go back on the record The time is now 1:02 This will be the beginning of Media Number 2 BY MR KENNEY Q Ms. Maillet I want to refer back to Exhibit 5 which has been marked previously and it's Answers to Interrogatories that Reynolds Aluminum Development Company filed in the Consolini case And I just kind of want to backtrack and discuss another corporate history and what happened in 1961 and thereafter According to this preliminary statement it states that in 1961 Reynolds acquired Tilo Roofing Company Do you agree with that statement A Yes that's what it says Q And then after that thereafter the name was changed to Tilo Company Inc. which I think we established previously correct A Correct Q And then from there it goes on to _ Page 108 say that Tilo operated as a distinct wholly owned subsidiary of Reynolds correct A Correct Q And you agree with that statement A Yes do Q You have no reason to disagree with that statement A That's correct Q And from there it says that Tilo's name was changed in 1980 to Reynolds Aluminum Building Products Company Do you see that there A Yes Q No reason to disagree with that statement A That's correct Q And then in 1989 the company name was changed to Reynolds Aluminum Development Company correct A That's what it says yes Q And we've been using the name RADCO for short A That's correct 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 of just the corporate -- the corporate name 1 A That's what it says yeah 2 changes and things like that you agree that what's 2 Q So if we total that it appears that 3 contained in Exhibit 5 is a correct kind of 3 the asbestos cement siding product made by Tilo 4 reading of that history 4 contained 15 percent asbestos Is that a fair 5 A I don't know personally but I have 5 statement 6 no reason to dispute it 6 A According to M yes 7 Q Okay And then before I go on I 7 Q You have no reason to dispute that 8 just wanted to take a look at Exhibit 10 8 A have no information 9 I asked you earlier whether you knew 9 Q Have you seen Exhibit 18 before 10 a percentage of asbestos that was contained in the 10 A I don't think so 11 asbestos cement siding products made by Tilo Do | 11 12 you remember that 12 Q No Okay Thereupon the respective 13 A Yes 13 document was marked as Exhibit 14 Q And you said that you weren't sure 14 Number 18. 15 A Yes 15 BY MR KENNEY 16 Q Or you didn't know 17 Exhibits 10 - I'm just curious to 18 see whether or not this refreshes your memory 19 because I 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 16 Q And Exhibit 18 just for the record 17 is -- appears to be a drawn diagram 18 A Correct 19 Q And on the top of the page it says 20 = Tilo 21 A 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 - Q And it goes on to say They make an WN asbestos cement shingle by wet process using a WN 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 then 5 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 23 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 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 Page 115 1 MR FOUNTAIN Object to the form 2 BY MR KENNEY 1 failure to cover large quantities of these wastes 2 True 3 Q Do you see at the top of -- the 3 A It says that Tom Pregman drafted a 4 heading of this document it states Connecticut 4 notice of violation 5 State Department of Environmental Protection 5 Q Yep Calling for cover of large 6 A That's what it says yes 6 quantities of these wastes correct 7 Then below that there's a subject 7 A Yes that's what it says 8 section that states Stratford Connecticut a 8 Q Apparently during the visit the 9 review of a permit application to continue a waste 9 dump or the landfill on the property was not 10 roofing disposal operation for the Tilo Company 10 covered and that appeared to be in violation 11 April 21 1975. 11 correct 12 Did I read that correctly 12 MR FOUNTAIN Objection to form 13 A believe so 13 THE WITNESS What it says here is 14 Q Okay In the introduction section 14 that he drafted a notice of violation for 15 of this document it states that quote The Tilo 15 cover 16 Company has been disposing of waste materials from 16 BY MR KENNEY 17 their Stratford plant on their adjoining property 18 for over 30 years 17 Q Okay Do you agree that 18 containing materials were discarded at the 19 Do you agree with that statement 20 A That's what it says yes 21 Q So if wejust again kind of do 22 simple math it appears that Tilo has been 23 operating a dump on its property since at least 24 1940 correct 19 Tilo dump 20 MR OSWALD Object to the form 21 THE WITNESS I don't know what they 22 were 23 BY MR KENNEY 24 Q show you what's been marked Page 114 Page 116 1234567 MR OSWALD Object to the form 1 as Exhibit 20. Let me know if you have seen this 1234567 I'm not sure how it's referred to in this 2 document before 1234567 document 1234567 THE WITNESS I believe -- 1234567 MR OSWALD I don't have it 1234567 THE WITNESS It's what it says 3 A I don't believe I have I'm not 4 sure though Okay I don't recall 5 Thereupon the respective 6 document was marked as Exhibit 1234567 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 12 the adjoining property for over 30 years 13 The date was 1975 so that's '45 14 BY MR KENNEY 7 Number 20. 8 BY MR KENNEY 9 Q At the top of Exhibit 20 is -- is 10 entitled Potential Hazardous Waste Site 11 Preliminary Assessment correct 12 A Yes 13 Q At the bottom hand of the 14 page the date is October 9th 1984 15 Q So approximately 1945 Tilo operated =| 15 16 dump on its property 16 A Okay Q Just curious in your work as an 17 A According to this document 17 industrial hygienist have you seen these types of 18 Q According to this document 18 documents in the past 19 You don't have any reason to dispute 19 A I may have but it wasn't common 20 that do you 21 A I don't have any information 20 Q Okay I want to draw your attention 21 to the bottom portion of the page There's a box 22 Q And actually if you look at the 22 entitled 05 Description of Potential Hazard to 23 second sentence here it appears that Tilo was 23 Environment and Pollution 24 given a notice of violation for the company's 24 Do you see that there EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 117 Page 119 122 A Yes 122 Q Below that it is written quote 3 Asbestos was historically disposed of at site in 4 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 Let me show you a document marked as 4 Exhibit 21 5 not even listed as a hazardous waste There is 5 Thereupon the respective 6 however a potential public health problem should 6 document was marked as Exhibit 7 asbestos particles become airborne 7 Number 21. 8 Did I read that correctly 8 BY MR KENNEY 9 A I believe so 9 Q Have you seen this document before 10 Q certainly this document indicates 10 A I believe I have 11 that asbestos was disposed of on the Tilo property | 11 Q Okay This is a document dated June 12 correct 12 9th 1981 and certainly the cover page here is on 13 A That is what this individual wrote 13 Reynolds Aluminum letterhead 14 yes 14 A Yes 15 Q In fact if we look at the box above 15 Q Do you know what this document is 16 it Number 4 Description of Substances Possibly 17 Present Known or Alleged it indicates that 16 Can you explain this to me 17 A need to look at it for a minute 18 asbestos was detected in samples taken from the 19 facility's waste site correct 20 A That's correct 18 Q Sure Take your time 19 A __ So this is a letter from Mr. Tropea 20 the EPA I believe the EPA asked for some 21 Q So they actually had sampling 22 performed and found asbestos present in those 23 samples correct 24 A __ That would be an assumption 21 information and I believe what he's saying is 22 that again paraphrasing that we will give you 23 _ this information but we don't feel like we fall 24 under this particular regulation Page 118 Page 120 1 Q would like for you to turn to the 2 third page of this document This section is -- 23 Part 3 section is entitled Potential Hazardous 4 Waste Site Preliminary Assessment Description of 5 Hazardous Conditions and Incidents 6 Do you see that there 7 A Yes 8 Q And at the middle of the page there 9 is some handwriting correct 10 A Yes 11 Q It says quote Asbestos particles 12 can become airborne and affect the public health 13 Do you see that there 14 A Yes 15 Q Do you agree with that statement 16 A Something would have to be -- would 17 have to happen to make the particles airborne I 18 don't believe that it would become airborne just 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 1 Q Fair enough Then on page 2 of that 2 document is -- looks like a form EPA Notification 3 of Hazardous Waste Site 4 Do you see that up at the top of the 5 page there 6 A Yes do 7 Q And whenI saw this I noticed that 8 Reynolds identifies the dates of waste handling as 9 1961 through 1980. Do you see that there 10 A Yes do 11 Q And actually you know looking 12 back at the documents we looked at a couple of 13 minutes ago certainly there appears to be evidence 14 to suggest that the dump on the Tilo property 15 actually was in operation in 1945 not 1961 16 correct 17 A can't say that it was It may 18 have been 19 Q And also I noticed here that in 20 terms of the hazardous waste materials listed here 21 solvents and then -- you know you can see that box 22 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 Page 121 Page 123 1 Asbestos is never referenced at all 2 this Do you know why that is 3 A No I don't 4 Q You agree that at the time this 5 document was filed with the U.S. Environmental 6 Protection Agency Reynolds certainly knew that 7 asbestos had been discarded in the dump at the Tilo 8 facility correct 9 A I don't know what they knew I 10 don't know if there was one dump or if there was 11 change in practices from 1961 to 1980 or -- I don't 12 know what the situation may have been 13 Q Okay I'm going to show you a 14 document that I've marked as Exhibit 22. Let me 15 know if you've seen this document before 16 Thereupon the respective 17 document was marked as Exhibit 18 Number 22. 19 THE WITNESS I don't recall 20 BY MR KENNEY 21 Q Okay Well just for the record 22 this document is dated October 28th 1980. Do you 23 see that at the top hand portion of the page 24 A Yes do 1 parenthesis Tilo 2 A That's what it says 3 Q Stratford Connecticut Okay 4 Let me show you Exhibit 23. And 5 again let me know if you have seen this document 6 before 7 A I think I have 8 Thereupon the respective 9 document was marked as Exhibit 10 Number 23. 11 BY MR KENNEY 12 Q Okay And this is a document dated 13 November 8th 1980. Correct 14 A Correct 15 Q It is written by a Lee McManus an 16 engineering account executive 17 A Yes 18 Q Special accounts unit 19 A Yes sir 20 Q Okay And if we look at the second 21 paragraph again the second sentence Mr. McManus 22 writes quote Also we understand that there is 23 asbestos waste material buried behind the plant 24 Do you see that there _ Page 122 Page 124 1 Q And this is on the Travelers 234 memorandum -- Travelers letterhead 1 A Yes 2 Q Okay And if you look at page 2 of 234 A see the Travelers memorandum 3 this document a representative of Reynolds Metals 4 Q And this document appears to be 4 is sent a courtesy copy of this document correct 5 authored by a William E. Lisheid -- or Lisheid 6D 5 A Mr. Sasser 6 A Yes I see that 7 A Yes I see that 8 Q He is apparently the engineering 9 account manager 10 A Yes sir 11 Q So you go back to the first page 12 of the document this document indicates in the 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 third full paragraph second sentence quote 13 about the waste site 14 There is a lot of asbestos material buried | 14 Can you explain to me why Reynolds 15 in the land behind the plant 15 never discloses the fact that asbestos is in the 16 Do you see that there 16 landfill on the Tilo property 17 A do 17 MR FOUNTAIN Object to the form 18 Q And the plant in question here is 18 MR OSWALD Object to the form 19 the Tilo facility in Stratford Connecticut 19 MR FOUNTAIN As a hazardous waste 20 correct 20 Is that the document you're referring to 21 A I believe that is who he's 21 MR KENNEY The document I'm 22 referencing 22 23 Q The subject is Reynolds Aluminum 23 24 Building Products Company and then in 24 referring to is Exhibit 21 the submission by Reynolds THE WITNESS Well as I indicated EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 125 - earlier I'm not sure that we are talking 1 2 about the exact same location It could 2 3 have been one dump area and another dump 3 4 area 4 5 Secondly this is a notification of 5 6 hazardous waste and asbestos was not 6 7 considered a hazardous waste by EPA 7 8 definition 8 9 BY MR KENNEY 9 10 Q Well if we look at Exhibit 20 and 10 11 you look at the bottom of Exhibit 20 it looks like 11 12 Mr. Michael Dones O of the DEP authored 12 13 this document 13 14 A It appears so 14 15 Q Okay And if you look at page 2 15 16 under Section 4 of Hazardous Substances he 16 17 _ identifies asbestos as a hazardous substance 17 18 doesn't he 18 19 A He does But it's not a hazardous 19 20 waste There's a distinction 20 21 Q And that hazardous substance was 21 22 discarded in a landfill of Tilo property True 22 23 MR FOUNTAIN Objection to form 23 24 THE WITNESS I don't know that but 24 Page 126 12M that's what the documents say 1 12M MR KENNEY Fair enough 2 3 BY MR KENNEY 3 4 Q Now I want to stick for a couple of 4 5 minutes on the Tilo dump and the site itself Is 5 6 there any evidence to suggest that Tilo had any 6 7 policies or procedures in place related to the 7 8 discarding of asbestos materials at its dump site 8 9 prior to 1970 9 10 A I didn't see any formal written 10 11 program 11 12 Do you agree that when it comes to 12 13 asbestos a prudent company will have policies and 13 14 procedures in place for the proper discarding of 14 15 containing materials 15 16 MR FOUNTAIN Objection to form 16 17 THE WITNESS I think that you need 17 18 to look at the circumstances of what the 18 19 plant was doing and how they are handling 19 20 their materials 20 21 BY MR KENNEY 21 22 Q As industrial hygienist would 22 23 you allow an asbestos cement siding company that 23 24 was located in close proximity to residential homes | 24 Page 127 to dump its asbestos waste on its property MR FOUNTAIN Objection to form THE WITNESS Well as an industrial hygienist that was involved with asbestos waste from time to time asbestos waste actually the place they are supposed to go is a landfill BY MR KENNEY Q Would you agree that -- well this was an active landfill correct The Tilo property was an active landfill MR FOUNTAIN Objection to form THE WITNESS I don't know BY MR KENNEY Q Would you agree that the tilling of soil has the potential to release asbestos fibers into the air A No I wouldn't agree with that It depends on what's in the soil and depends if there's any asbestos material around Q Well I will go back to the Tilo property itself We know that asbestos waste was dumped on the Tilo property correct in a landfill _.. 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 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 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 222 and see if that helps 222 A Give it a shot 222 1 ten other you know grass brush and dump fires 2 Do you see that there 3 A Yes 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 A I don't remember any specifically . Page 130 Page 132 1 Thereupon the respective 2 document was marked as Exhibit 3 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 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 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 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 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 Q And at the top hand section of 14 the page there's a reference to the fire loss 15 Basically the chief -- Chief Lockwood's report on 16 fire loss And in the third full paragraph it 17 indicates that the Tilo Company Factory on 18 Longbrook Avenue had an outdoor grass or dump fire 19 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 11 2017 Page 133 Page 135 1 Q So again just another reference of 2 another fire at the property correct 3 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 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 23 ~ 24 And you see that heading there Fs ire is Fought for 13 hours at Rear of Tilo Roofing Company 1 THE WITNESS Considering that if 234 the waste was of the asbestos cement no 234 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 _ | 16 17 brittle -A Q That's correct -- and would break very easily 18 A He did say that 19 Q Did you also in reviewing the 20 documents see indications that Tilo would also 21 grind scrap material the asbestos siding scrap 22 ~~ material 223 A I don't remember that 223 Q Okay . Page 134 Page 136 12 A Yes 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 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 16 waste is there 17 A I don't know that they did There 18 is no evidence that they didn't 19 Q Do you have a position as to whether 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 22 MR FOUNTAIN Objection to the 22 form 1 A Back to your question on what the 2 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 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 Q And 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 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 Page 137 Page 139 1 mean the waste products that were discarded were 2 discarded on top of the land for a period of time 3 A I don't know that 4 Q am going to show you what's been 5 marked as Exhibit 40 6 Thereupon the respective 7 document was marked as Exhibit 8 Number 40. 9 BY MR KENNEY 10 Q This is a document that has a 11 heading of State of Connecticut Department of 12 Environmental Protection and it's dated February 13 25th 1975. Do you see that there 14 A do 15 Have you seen this document before 16 A I don't recall 17 Q Okay If you take a look at it 18 essentially in this document Tilo has applied for 19 permit to dump certain waste products on its 20 property correct 21 A I think so yes 22 Q If we look at page 2 it appears 23 that the disposal area that Tilo wants to use is to 24 be operated whenever the plant is in operation 1 under the direction of plant personnel 2 So according to this document it 3 appears that this was an active dump where waste 4 was being discarded on top of the land correct 5 A Yes 6 Q And then on a routine basis it 7 appears here once every four months or so an 8 outside contractor was coming in and essentially 9 _ burying the waste on the property or using fill to 10 cover the waste correct 11 A That was requesting in 1975 when 12 they just had asphalt waste 13 Q Right So my question is -- we have 14 this document this request in 1975 and then we've 15 seen documents from the Bridgeport Post from the 16 1960s which indicate that firefighters were 17 _ battling you know blazes of asphalt shingles 18 and scrap tile that had caught fire which would 19 indicate that the products were being discarded on 20 top of the land correct 21 MR OSWALD Object to the form 22 There is a lot in that question 23 THE WITNESS Well I don't know if 24 that's what says Can break that Page 138 Page 140 1 currently from 6:30 a.m. to 10:30 p.m. for five 2 days per week Do you see that there 3 A Yes 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 11 of disposals 1100 cubic yards per year 12 So that's approximately how much 13 14 _ 15 waste was being disposed of on the property during this time period or how much they wanted to dispose 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 1 2 3 4 5 6 7 8 9 10 11 12 13 | 14 15 16 17 18 19 20 21 22 23 | 24 question down for me BY MR KENNEY Q The exhibits that we have marked to date in this deposition would you agree that as it relates to the dump that Tilo's operations and how it handled the waste was as follows Tilo would discard the waste materials on its property it would be aboveground for a period of time and then at some point thereafter Tilo would then seek to cover it over MR FOUNTAIN Objection to form THE WITNESS I don't necessarily agree with that I don't -- the 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 Page 141 Page 143 1 covered I don't know It could have been 1 2 anything But it just says they responded to the 2 3 landfill The 1975 document states how they want 3 4 to go forward handling the asphalt waste That's 4 5 all To me it says This is how we want to handle 5 6 our asphalt waste 6 7 Q Have you seen any evidence on the 7 8 documents that we've reviewed to suggest that the 8 9 workers who went into the dump to discard waste 9 10 were ever protected in any way 10 11 A don't remember seeing anything 11 12 about the workers 12 13 Q Let me show you what's been marked 13 14 as Exhibits 29 and 29 14 15 Thereupon the respective 15 16 documents were marked as 16 17 Exhibit Number 29 and Exhibit 17 18 Number 29 18 19 BY MR KENNEY 19 20 Q Have you seen these photographs 20 21 ~~ before 21 22 A Yes 22 23 Q Okay Can you tell me what's 24 _ depicted in 29 23 24 Page 142 section of the property was used for A 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 Q Yeah the top left there And you 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 Q So you see the property there You _ Page 144 123 A can only assume it's the Tilo 123 Company 3 Q Okay If you look at 29 you look 4 at kind of the facade of the building you can see 5 triangular or a diamond sign there 6 A Yes do 7 Q And it looks like it says Tilo 8 A That's what it says yes 9 Q Okay Now this is an aerial view 10 of Tilo correct 11 A Yes 12 Q And based on this view are you able 13 to tell me whether -- or where on the property Tilo 14 operated its dump 15 A No. 16 Okay Do you see kind of the 17 _ railroad spur that curves in to the property there 18 A Yes 19 Q And then you see kind of a -- 20 almost -- it almost looks like a circular outline 21 right above it where there's some trees but then 22 there is really kind of nothing else 23 A Yes 24 Q right Do you know what that 1 see the Tilo factory there correct 2 And if you go down just below the 3 Tilo property remember those trees we discussed 4 we saw in Photograph 29 5 A Yes 6 Q Are you able to locate that in this 7 photograph those trees 8 A not am not able I don't 9 see it 10 Q Okay I'm going to -- you know you 11 might need to look at both photos But do you 12 see -- and I'm going to reach over if you don't 13 mind -- in 29 you've got the Tilo facility here 14 correct 15 A I would assume so 16 Q Again that is your understanding at 17 least 18 A That is my understanding 19 Q And you see here this circular area 20 right here with the trees And you can kind of 21 tell if you compare the two pictures in 29 22 there doesn't seem to be anything you know on top 23 of the property there You can see the trees 24 clearly correct in that area of the facility EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 145 Page 147 1 A Yes 2 Q And then if you look at 29 you can take a look at the trees but there's a pile 4 that goes all the way up on top of the trees there 5 Do you see that 6 MR FOUNTAIN Objection to form 7 THE WITNESS I'm not sure what I'm 8 seeing there 9 BY MR KENNEY 10 Q You can see here -- you see the 11 _ trees in this circular area 12 A Right 13 Q And if you take a look at that area 14 can you see that there seems to be something that 15 _ is piled up there 16 Do you know what that is 17 MR FOUNTAIN Object to the form 18 THE WITNESS No. 19 BY MR KENNEY 20 Q Okay Now were any warnings 21 regarding asbestos ever placed on 22 containing products that Tilo made 23 A I didn't see any reference to that 24 in the documents 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 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 Page 148 1 Do you agree that when one of Tilo's 2 asbestos fiber suppliers attempted to put a caution 3 label on bags of raw asbestos Tilo asked them not 4 do it 5 A some communication 6 Q Right And the communication that 7 you just referenced is the correspondence in 8 Exhibit 30 9 Thereupon the respective 10 document was marked as Exhibit 11 Number 30. 12 THE WITNESS Yes I've seen this 13 BY MR KENNEY 14 Q And this is in Tilo -- this 15 document that has been marked as Exhibit 30 is on 16 Tilo letterhead 17 A Yes it is 18 Q And it's dated November 19th 1968 19 A Yes it is 20 Q And the letter is written by a 21 William D. Brennan correct 22 A Yes 23 Q And his title is purchasing agent 24 A That's what it says 1 employees 2 " Accordingly we are requesting you 3 omit this printing from the packages in which you 4 will ship our requirements 5 Q Okay As you sit here today are 6 you able to tell me what Tilo knew in 1968 about 7 the inherent hazards of manufacturing 8 asbestos products 9 A I think that's a pretty broad 10 question Can you either rephrase it or 11 Q Mr. Brennan is saying -- you'll 12 agree that Mr. Brennan is saying to Manville 13 We don't want your caution labels on the bags of 14 asbestos fiber True 15 A True 16 Q And then provides a basis for why 17 he doesn't want the caution label on the bags 18 correct 19 A Correct 20 Q One reason is because he states that 21 Tilo is aware of the inherent hazards of 22 manufacturing asbestos products correct 23 A Correct 24 Q Okay Do you know what inherent EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 149 Page 151 1 hazards he is referencing 2 A Well I don't know specifically what 3 he's referencing We talked about them learning 4 about the asbestosis hazard in -- the risk of 1 A I don't know 2 Q Do you agree that employees should 3 be aware of potential hazards that they come in 4 contact with while at work 5 asbestosis in the 50s and there was something in 6 Mr. Sink's deposition that they put in some 7 ventilation equipment to deal with that So 8 perhaps they feel like they dealt with the hazards 9 as they understood them 10 Q So one reason is one he has -- he 11 claims that they're aware of the inherent hazards 12 of manufacturing asbestos products And 13 the second reason which you just referenced is 14 _ that they claim they've taken preventive measures 15 already correct 16 A That's what it says here 5 A I believe employees should 6 understand what they're working with 7 Q Even if it may be unduly alarming to 8 them 9 A don't -- yeah It shouldn't be 10 unduly alarming 11 Q I'm going to show you what's been 12 = marked as Exhibit 31 13 Thereupon the respective 14 document was marked as Exhibit 15 Number 31. 16 BY MR KENNEY 17 Q Okay Based on your review of 18 Mr. Sink's deposition testimony what specific 17 Have you seen this document before 18 A I believe I have 19 preventive measures did Tilo take 20 A He referenced a piece of ventilation 21 equipment that was installed 22 Q Right That ventilation equipment 22 that was installed at Tilo was that vented to the 19 Q Okay This is a document dated 20 January 21st 1969. And this is a letter that was 21 drafted by a Mister -- it looks like -- N.V. 22 Hendry correct 123 A can't read it It could be 24 _ outside air 24 Henry _ Page 150 Page 152 1 A I don't believe so 23J Q How was it vented 23J A read about a piece of equipment 4 that was vented to the inside That piece I'm not 5 sure 6 Now Mr. Brennan also goes on to 7 indicate that a caution label would be unnecessary 8 and unduly alarming to Tilo's employees 9 What does he mean by that 10 MR FOUNTAIN Objection to form 11 MR KENNEY If you know 12 THE WITNESS I don't know anything 13 besides what's on this document 14 BY MR KENNEY 15 Q it Tilo's position that its 16 employees didn't need to have notice of potential 17 hazards such as what is being referenced in the 18 caution label that Manville is proposing 19 MR FOUNTAIN Objection to form 20 THE WITNESS Could you repeat that 21 BY MR KENNEY 22 Q Did Tilo do anything to educate its 23 employees about the potential hazards of using 24 asbestos fiber in its manufacturing process 1 Q Regardless the heading there is 2 Caution Labels Asbestos Bags Do you see that 3 on the first page 4 A Yes 5 Q And the author goes on to state As 6 result of the severe protest registered by TNN 7 and other members of the Asbestos Information 8 Committee last fall our plans to place a caution 9 label on asbestos bags were deferred 10 Did I read that correctly 11 A I believe so 12 Q And then in the section below 13 Section 2 it says quote We have received the 14 following protests from our customers as a result 15 of our letter of October 1st in which we advised 16 them of the caution label 17 And then if we turn the page Tilo 18 Company is referenced there at around the middle of 19 the page correct 20 A Correct 21 Q And the author indicates quote 22 They being Tilo have written to state they do 23 not want any caution label on their bags correct 24 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 24 123 123 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 duty to make sure its factory operations do not endanger the health of citizens living nearby MR FOUNTAIN Objection Form THE WITNESS Could you repeat that please BY MR KENNEY 11 12 13 14 | 15 16 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 232 THE WITNESS To the best of their 232 Page 154 knowledge and the technology that's 1 available 2 BY MR KENNEY 3 Q So are you saying that if the 4 technology is not available and citizens living 5 nearby the factory are harmed it's okay 6 MR FOUNTAIN Objection to form 7 THE WITNESS Not at all 8 BY MR KENNEY 9 Q What do you mean then 10 A First of all they have to 11 understand that if a hazard even exists and I 12 don't believe they did in this case And then if 13 it did they would have to research technologies 14 available to mitigate the risk 15 Q You would agree that if 16 manufacturer breaches that duty and a citizen is 17 harmed then the manufacturer is responsible for 18 the harm 19 MR FOUNTAIN Objection to form 20 MR OSWALD Objection to form 21 THE WITNESS I -- I wouldn't know 22 where to go with that question 23 BY MR KENNEY 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 BY MR KENNEY Objection Form Q Fair enough MR FOUNTAIN Objection to form THE WITNESS I don't think they believed they did BY MR KENNEY Q You don't believe Tilo had that duty 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 oo Page 156 Thereupon the respective document was marked as Exhibit Number 32. BY MR KENNEY Q Have you seen this document before A am sure 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 Q About halfway down on that page do you see the heading Smoke Nuisance A Yes Q right And to the right of that it states 1934 correspondence covering beginning of operations and later correspondence with regard to nuisance complaints is filed EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 157 Page 159 1 Mr. Peterson's smoke nuisance file 1 Do you agree 2 Do you see that there 2 THE WITNESS That's what it says 3 A Yes I do 3 yes 4 Q Have you seen this smoke nuisance 5 file 4 Discussion off the stenographic record 5 BY MR KENNEY 6 A have not 6 Q right Are you on the page that 7 Q Do you knowif it exists 8 A do not 7 has Bates Stamp 7009 8 A Yes 9 Q Do you agree that Tilo received 9 Q You can see at the bottom of that 10 complaints regarding smoke nuisance as early | 10 page says a heading entitled Litigation 11 1934 11 A Yes 12 MR FOUNTAIN Objection to form 12 Q Okay And the second paragraph 13 THE WITNESS This indicates there 13 under that heading states that in 1937 the 14 may have been a correspondence 15 BY MR KENNEY 14 company received from the Town of Stratford 15 Connecticut a communication advising it that the 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 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 MR FOUNTAIN Objection to form 20 company that unless such nuisances were corrected 21 THE WITNESS It says there's a 21 to the satisfaction of the council and citizens 22 file 22 committee before October 7th 1937 the town would 23 23 proceed with legal action 24 BY MR KENNEY 24 Did I read that correctly _. Page 158 Page 160 1234 Q Certainly somebody at Tilo felt it 1234 necessary to keep a file for this purpose 1234 A 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 1 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 operations were like in 1934 14 BY MR KENNEY 13 company the dust ashes and odors complained of by 14 various persons resident in the community do not 15 Q Let's take a look at Exhibit 2 15 originate at its plant 16 When you have Exhibit 2 I would like for you to 16 17 turn to the page that has the Bates -- last four 17 A see that yes Q So and this sentence kind of 18 Bates of 7009 18 defines the a nuisance little bit more It appears 19 A Okay 19 that the nuisance at issue in 1937 was odors dust 20 Q We've established already that this 21 document was dated April 1939 correct 20 and ashes correct 21 MR FOUNTAIN Objection to form 22 COURT REPORTER I'm sorry What's | 22 THE WITNESS Yes 23 the date 23 22 MR KENNEY April 1939 24 BY MR KENNEY EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 161 Page 163 1 Q Not only that it appears based on 2 this that the -- these complaints of nuisance 3 odors dust and ashes were coming from quote 4 various persons resident in the community correct 5 MR FOUNTAIN According to this 6 Is that what you're asking 7 THE WITNESS According to this 8 BY MR KENNEY 1 A That's what it says 2 Q 1937 was also the same year that 3 Tilo began manufacturing asbestos cement siding 4 correct 5 A That's what we've determined 6 Q Do you know what if anything Tilo 7 was doing during this time period to prevent the 8 release of dust and ashes from the factory 9 Q Yeah according to this document 10 It is on 7010 the last sentence 11 A By various persons resident in the 12 community 13 Q So more than one resident was 14 complaining about the odor dust and ashes 15 correct 9 A not 10 Q Do you know what if any corrective 11 measures were made on the part of Tilo in response 12 to these complaints 13 A do not 14 Q am going to show you what has been 15 marked as Exhibit 33 16 A By various persons 17 Q Okay So would you agree that Tilo 18 certainly by 1937 was on notice that its 19 operations inside the Tilo factory had the 20 possibility of creating a nuisance in the form of 21 odors dust and ashes to residents living in the 22 community 23 MR FOUNTAIN Objection to form 24 THE WITNESS Could you ask that 16 Thereupon the respective 17 document was marked as Exhibit 18 Number 33. 19 BY MR KENNEY 20 Q Have you seen this document before 21 A I don't remember 22 Q Okay This is a -- this exhibit is 23 a page out of the Bridgeport Sunday Post dated 24 September 13 1964 Page 162 Page 164 1234 again please 1234 BY MR KENNEY 1234 Q Sure Would you agree that Tilo by 1234 1937 was on notice that its operations inside its 5 Tilo factory had the possibility of creating a 6 nuisance in the form of odors dust and ashes to 7 _ residents living in the community 8 MR FOUNTAIN Objection to form 9 THE WITNESS According to this 10 they got the notice But also according 11 to this the officers of the company did 12 not believe these issues originated at -- 13 BY MR KENNEY 14 Q Agreed That is Tilo's position 15 according to this prospectus 16 Now 1937 was the year that Tilo 17 received this complaint correct 18 A The date of this document is '37 I 19 don't know when they received it 20 Q If you look at the page before on 21 the litigation section it says In 1937 the 22 company received from the Town of Stratford 22 A Okay 22 Q So that was 1937 correct 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 | 22 23 24 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 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 -- , 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 Page 167 12 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 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 23 24 22 MR FOUNTAIN Objection to form 23 THE WITNESS I don't know that 24 Page 166 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 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 168 1 BY MR KENNEY 23+ Q Do you know whether Tilo was ever 23+ 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 new 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 Page 171 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 1 Minutes of the First Annual Meeting of the Health 2 and Safety Council 3 A ACPA 4 Q ACPA Thank you 5 And it's dated November 21st 1969 6 A I don't think I have 6 A Yes 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 I 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 7 Q And there is a list of attendees at 8 this meeting correct right below that 9 A That's correct 10 Q At the top of the list is Atlantic 11 Asphalt & Asbestos Inc. Do you see that 12 A Yes I do 13 Q And Davy has attended on 14 _ behalf of the company 15 A Yes 16 Q And we know that Atlantic Asphalt & 17 Asbestos was a subsidiary of Tilo 18 A That's correct | 19 20 21 22 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 23 minutes of the November 21st 1969 meeting 24 And if you turn to page 2 you will Page 170 Page 172 12345 A I'm sure 12345 Q Fair enough 12345 I'm going to show you what has been 4 marked as Exhibit 36 12345 MR KENNEY Counsel you have a 6 copy of that 7 MR FOUNTAIN Thank you 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 13 today 14 A I believe I have 15 Q Okay Now this doc- -- 16 A 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 see section heading Number 3 entitled Product Liability A Yes Q And if you go down to the third full paragraph in that section you will see there is a reference to the following quote -- well first off if we look at this section marked Product Liability it appears that a Mr. Morton Ball who was vice president and general counsel of Manville delivered an address on product liability at this meeting If you look at the first sentence -- A Okay Q -- under the Product Liability section A Okay Q Okay One of the topics discussed at this meeting was as follows and you can see it indicated in the third paragraph of this section Quote A second class of potential plaintiffs was identified as being composed of called quote neighborhood plaintiffs end quote These are people who live near a 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 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 19 THE WITNESS Well -- 20 MR KENNEY You can't testify for 21 the witness 222 MR FOUNTAIN You're being unfair 222 to the witness 222 THE WITNESS He talks about the 1 Q Don't know if there's a problem 2 unless you check to see if there's a problem 3 correct 4 MR FOUNTAIN Objection to form S 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 A That's correct 20 MR FOUNTAIN Objection to form 21 BY MR KENNEY 22 Q Just in terms of environmental 23 matters related to Tilo you would agree that Tilo _ 24 has in the past been fined for polluting waterways | Page 174 Page 176 1 facilities that emit asbestos fibers for 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 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 -- 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 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 I don't know 1 correct 2 MR FOUNTAIN Objection to form 3 THE WITNESS I saw something about 4 a discharge 5 BY MR KENNEY 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 I think 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 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 Page 177 Page 179 1 A There was one study performed in the 1 23 late 60s 2 23 Q Performed in 1968 correct 3 4 A believe that's the date 4 5 Q And you would agree that in the 5 6 plus years that Tilo used raw asbestos fiber to 6 7 make containing products Tilo only took 7 8 two air sample measurements 8 9 MR FOUNTAIN Objection to form 9 10 THE WITNESS That is all that I saw 10 11 in the literature 11 12 BY MR KENNEY 12 13 Q And those two air samples were taken 13 14 on the same day 14 15 A huh I believe so 15 16 Q And the air sampling lasted for only 16 17 20 minutes correct 17 18 A It was a short finding I 18 19 don't remember the duration 19 20 Q And that was it for the entire 20 21 asbestos department correct only two air samples 21 22 were ever taken 22 23 MR FOUNTAIN Objection to form 23 24 THE WITNESS That's all I saw 24 Page 178 Q 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 appears ss Page 180 1 BY MR KENNEY 20 Q And you saw the air sampling report 3 correct 4 A Yes I did 5 Q And you agree that the 6 recommendation in the report was to collect 7 ~~ additional air sampling 8 A I saw that yes 9 Q Do you know if additional air 10 sampling was ever taken 11 A There were samples taken later -- in 12 later years 13 Q So asbestos air sampling was taken 14 after Tilo ceased the manufacture of asbestos 15 cement siding True 16 A believe so 17 Q Even then when asbestos air 18 sampling was taken in the 1980s asbestos fibers 19 were still found to be present in the air correct 20 MR FOUNTAIN Objection to form 21 THE WITNESS I don't recall seeing 22 any positive samples 23 24 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 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 Page 181 Page 183 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 222 222 222 A I've looked at this photo and 1 have not ever been to the facility obviously so 2 can't say for sure But it appears that the 3 section would likely be the felt manufacturing 4 facility because probably the asphalt is contained 5 in the area next to the building 6 Q So where do you believe the felt 7 area would be located Could you point to me 8 A I would - 9 Q You're saying that you believe the 10 area where the little -- the roof is kind of 11 pointed 12 A Yes 13 Q Okay Do you have any understanding 14 as to where -- well you answered that You don't 15 know where the asbestos operation was located 16 correct 17 A According to Flanders Dobson it was 18 in a separate building about 30 yards away 19 MR KENNEY Okay How are we doing 20 on the tape 21 THE VIDEO SPECIALIST 1:25 so 22 you've got about 30 minutes left 23 BY MR KENNEY 24 Page 182 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 talc usage Q you know the quantities in which _ Page 184 1 Q Are you prepared to talk about any 2 claims any workers compensation claims that have 3 been filed either against Tilo RAFCO RADCO or 4 asbestos -- or Triple A 5 A The only claim that I'm aware of is 6 Flanders Dobson 1 Tilo purchased talc for use at its plant 2 A do not 3 Q Do you know the supplier of talc 4 A I don't recall 5 Q Do you know whether or not that talc 6 was contaminated with asbestos 7 Q Have you reviewed the document 8 production in the Consolini case 9 A have not 10 Q Would you disagree with me if 7 A do not 8 Q Did the company ever perform medical 9 monitoring of its employees former employees 10 A In what time frame 11 indicated that contained in those documents are 11 Q any point 12 notices of claim for additional employees 12 A_ So Tilo I don't believe they did 13 A I wouldn't know 13 Q If former pensioner died does 14 Q Did you do anything to prepare to 14 anyone check to see what the cause of death was 15 testify today about how many workers compensation 15 from 16 claims have been filed against the company for 16 MR FOUNTAIN Objection to form 17 asbestos exposure 18 A We talked about it I didn't see 17 THE WITNESS I don't know that I 18 know that medical monitoring is based on 19 anything in the literature about more cases and | 19 20 didn't understand this to be an occupational 20 21 exposure issue 21 22 Q Well you're right It's not an 22 results of potential exposures And when the medical monitoring program was initially discussed they took air samples and the air samples did not 23 occupational exposure issue But the notice of 23 indicate medical monitoring was required 24 deposition still asked about information related to 24 BY MR KENNEY EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com Linda Maillet Volume I January 11 2017 Page 185 Page 187 1 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 1 A That's correct 2 Q There was an item in the Notice of 3 Deposition regarding asbestos abatement documents 4 and whether or not any exist for the Tilo property 5 Do you know whether or not those documents exist 6 A have not seen any 7 Q It's been a long day and a lot of 8 exhibits so I am going to call it day However 9 am going to reserve my right to the extent 10 necessary to reopen this deposition should any 11 additional documents or information come to light 12 But other than that I hope you have a good 13 afternoon 14 Break taken 14 15 THE VIDEO SPECIALIST Back on the 15 16 record The time is now 2:42 16 17 BY MR KENNEY 17 18 Q During the break Ms. Maillet I was 18 19 going through some of my notes and the Notice of | 19 20 Deposition and I noticed just a couple of topics 20 21 So based on that I want to ask you some questions 21 22 Is there any evidence of the 22 23 existence of an industrial hygiene program at Tilo 23 24 between the years 1937 through 1969 24 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 186 Page 188 1 A I did not see any evidence of a 2 formal program 3 Q One of the items in the Notice of 4 Deposition asks -- Item 18 asks about the role 5 Reynolds Metals played in the development of 6 employee and environmental safety programs at Tilo 7 Are you able to provide any 8 information on that 1 you want a copy 2 MR FOUNTAIN She will read and 3 sign and a copy to me 4 FURTHER THE DEPONENT SAITH NOT 5 2:45 P.M. 6 7 8 9 A Based on Mr. Sink's testimony I 9 10 believe that Reynolds acted as a resource for the 10 11 location Location -- you know they had their 11 12 operations They managed their process And if 12 13 they had issues they were always welcome to go | 13 14 Reynolds for resources 14 15 Q So if there was an issue related to 15 16 safety Tilo could reach out to Reynolds and its 16 17 people could come to the plant 17 18 A That's correct 18 19 Q In fact we have seen some 19 20 documentation today that have been marked as 20 21 exhibits where that in fact happened correct 21 22 A That's correct 22 23 Q In fact that happened with respect 23 24 to asbestos 24 EPPLEY COURT REPORTING LLC www.eppleycourtreporting.com