Document pe00og58bOQQVORz0ODjewvYE

FILE NAME: General Motors (GM) DATE: 1998 Jan 28 DOC#: GM053 DOCUMENT DESCRIPTION: Legal - Deposition of William Krebs, Voi I In The M atter Of: FULLER v. RAYM ARK LNDUSTRLES, LNC W illiam Krebs, Ph.D. Voi. 1, J a n u a ry 28, 1 9 9 8 H am ilton-Legato D eposition Centers D etroit - Troy - G rand R apids - Ann Arbor 2 5 6 0 Crooks Rd. Troy, M l 4 8 0 8 4 (2 4 8 ) 2 4 4 -9 7 0 0 FAX: (2 4 8 ) 2 4 4 -8 8 0 4 Original File AMKREBS.ASC, 104 Pages Min-U-Script File ID: 2160251445 Word In d e x in clu d ed w ith th is Min-U-Script FT TT1 .ER V. &YYMAK INDUSTRIES, INC. MI IN THE CIRCUIT COURT OF THE FOURTH PI JUDICIAL CIRCUIT, IN AND FOR PI DUVAL COUNTY, FLORIDA PI (51 CASE NO.: 97-03S39-CA (61 DIVISION: CJ m [i ALLEN GEORGE FULLER and MARY PI ANN FULLER, his wile, (10) Plaintiffs, P'l -VS- [12] RAYMARK INDUSTRIES, INC , a [13] Connecticut corporation, et a l , ('<! Defendants [IS) [16] M7) [18] 119] DEPONENT: WILLIAM H KREBS. PH D [20] DATE: [211 TIME. Wednesday. January 28, 1998 2:00 p m. [22] LOCATION. One Detroit Center. Suite 1530 [231 Detroit, Michigan [24] REPORTER: Angela R. Mitchell. CSR-2151 [25] W illiam K rebs, Ph.D . VoL 1, January 28, 1998 Pag 1 (') DAVID M. LIPMAN. PA. PI BY: MR. DAVID M. LIPMAN (via speakerphone) P) 5901 S.W. 74th Street M Miami, Florida 33143-5186 [51 (305) 662-2600 [61 m and [81 PI BROWN, TERRELL. HOGAN. ELLIS. [10] McCLAMMA 4 YEGELWEL. P A ("1 BY MR. EVAN YEGELWEL (via speakerphone) [12] 804 Blackstone Building [13] Jacksonville. Florida 3220? [14| (904) 632-2424 [IS] Appearing on behalf of Plaintiffs [16] I'7] MAGUIRE. VOORHIS A WELLS. P A [18] BY MR CHRIS N KOLOS [19] Two South Orange Plaza [20] Post Office 8ox 633 [21] Orlando. Florida 32802 0633 [221 (407) 244-1100 [23] Appearing on behalt ol General Motors (24) Corporation [25] Pag 2 Hamilton-Legato (248) 244-9700 M in-U -S crip t (3) Page 1 - Page 2 W illiam Krebs, Ph-D. VoL 1, January 28, 1998 m COLE, STONE. STOUDEMIRE & MORGAN, PA. PI BY: MR. WILLIAM T. STONE (via speakerphone) 131 MS. MARY MORGAN (via speakerphone) W 76 South Laura Street, Suite 1700 [51 Jacksonville, Florida 32202 [6] (904) 353-9664 (71 Appearing on behalf ol Allied Signal. PI PI HERZFELD & RUBIN [101 BY. MR. JEFFREY M. BELL (via speakerphone) ("I 5310 N.W. 33rd Avenue, Suite 102 [1 2 ) Fort Lauderdale, Florida 33309 [13[ (954) 497-1100 ['"1 Appearing on behalt ot Chrysler ['51 Corporation. [16] t'7) CABANISS. MCDONALD. SMITH & WIGGINS. P.C. [181 BY: MR JAMIE A. MORAN (via speakerphone) [191 390 North Orange Avenue. Suite 1600 [20] Post Ottice Box 2513 [2 1 ] Orlando. Florida 32802-2513 [22] (407) 246-1800 [23] Appearing on behalt ot Ford Motor [24] Company. [25] FULLER v. RYMARK INDUSTRIES, INC Page 3 m MR. GIL WHITAKER (via speakerphone) (21 2929 Plummer Cove Road, Suite 1 PI Jacksonville, Florida M (904) 273-6001 32223 [5 ] Appeanng on behall ot Moog Automotive, [6] Inc [7] [81 FISHER. RUSHMER, WERRENRATH, WACK 4 DICKSON [91 BY: MR. JONATHAN HOUINGSHEAD [10] (via speakerphone) [" ] 20 North Orange Avenue. Suite 1500 [12] Post Ottice Box 712 [13] Orlando, Florida 32801-0712 [14] (407) 843-2111 [15] Appearing on behalt ot W R. Grace. [16] [' 7] HOOD LAW FIRM I [' 81 BY: MR. TODD SMYTH (via speakerphone) ` E' 9) MR. MARK PHILLIPS (via speakerphone) [20] 172 Meeting Street (2'1 P.O Box 1508 [22] Charleston, South Carolina 29402 [23] (803) 577-4435 [24] Appearing on behalf ot Dana Corporation. [251 Page 4 Page 3 - Page 4 (4) Min-U-S crip to Hamllton-Legato (248) 244-9700 FULLER v. KAYMARK INDUSTRIES, INC, m SPOHRER, WIENER, MAXWELL. MACIEJEWSKI, (21 STANFORD & MATTHEWS, PA. PI BY: MR. GREG MAXWELL (via speakerphone) M 444 East Duval Street (Si Jacksonville, Florida 32202 (6) (904) 354-8310 PI Appearing on behalt ol Defense Medical (8) Counsel. (9) (10) ["] (121 (131 ('"1 [18] [18] (1T) [18] [191 [20] [2'1 [22] [23| [2"1 [25] W illiam Krebs, Ph.D. VoL 1, January 28, 1998 Pago 5 [1] [21 WITNESS PAGE PI M WILLIAM H. KREBS. PH 0 (5) [61 Examination by Mr Lipman 7 m [8] E X H I B 1T S [9] [10] NUMBER IDENTIFICATION PAGE [H] [121 Ex No 1 Notice of Deposition 7 [13] Ex No 2 Disclosure 7 (14| Ex No 3 Curriculum Vitae 9 [15] Ex No 4 Pleadings 13 [16] Ex No 5 Resume'of Fuller 14 [121 Ex No 6 Deposition Transcripts 16 [18] Ex No 7 Medical Records 16 [19] Ex 00 o 2 Transmittal l.etler 18 [20] Ex No 9 Itemized Statement/Dcalt 34 I?' ] Ex No 10 Listing 43 [22] Ex No 11 Articles 102 [23] Ex No. 12 Handwritten Notes 100 (2*1 Ex No 13 Oocument 102 [25] Page 6 Hamilton-Legato (248) 244-9700 M in-U -Script (5) Page 5 - Page 6 W illiam Krebs, Ph-D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC. Page 7 (1) Detroit, Michigan pi Wednesday, January 28,1998 Pl 2:15 p.m. I4! pi (Marked for identification: pi Deposition Exhibit Nos. 1 and 2.) m WILLIAM H. K REBS, P H. D. Pl was thereupon called as a witness herein, and after pi having first been duly sworn to tell the truth, the [10] whole truth, and nothing but the truth, was examined [hi and testified as follows: [i2i EXAMINATION [,3i BY MR. LIPMAN: 14) Q: Dr. Krebs, good afternoon. My name is is] David Lipman and, along with Evan Yegelwel, we ;i6i represent the plaintiff in this case, Allen George 17] Fuller. [is) I have a series of questions I'd ;i9l like to ask you.And obviously we're doing this by po) telephone conference call. If you have any trouble pi] hearing me, please tell me so I can restate the pal question and ensure that you hear what I've asked you. P3) Would you do that for me, sir? P4] A: I'd be delighted to, sir. ?s] Q: Thank you. I assume you've had vour Page 9 in of the session, do exactly as you're doing and I'll pi restate. pi A: Thank you. [4] Q: The question was, can you tell us, Dr. [si Krebs, or identify for us the documents that you have [6] brought to the deposition session in compliance with Pi the notice and duces tecum request? Pi A: Sure. Let me get myself a little PI ordered here. I have a current copy of my curriculum [to] vitae dated October 1997. in] Q: Okay. Maybe we can take these in order. [121 What I would like you to do is hand that document to [13] the Court Reporter. And I request, Madam Court [14] Reporter, that you mark that for identification [is] purposes as Plaintiff's Exhibit 3. [16] COURT REPORTER: Okay. Just one [17] second. I'm marking it right now.That is 3[is] (Marked for identification: j[19] Deposition Exhibit No. 3.) i[20] Q: Okay. And since I can't see you, Ms. !pi] Mitchell, just tell me when I can proceed so I don't 122] interfere with your marking these exhibits. [23] COURT REPORTER: That's fine. You :[24] can proceed, ips] Q: All right. Page 8 [1] deposition taken previously? PI A: That's correct, sir. PI Q: And you know the general rules that if I w] ask you a question that you find ambiguous or difficult si to answer because of the way I've asked the question, [6i will you tell me so that we can have a dialogue? Pi A: I'll do my best. sir. P) Q: Thank you, Dr. Krebs. PI Dr. Krebs, have you seen what's [io] been marked as Exhibit 1, Plaintiff's Notice ofTaking in) Telephone Deposition Duces Tecum' [12] A: Yes, I have received a copy of that. [13] Q: And were you able to review the attached [14] Schedule A, which lists a series of documents which we [i5i requested that you bring to the session? [16] A: Yes. I have looked at Schedule A and [17] have tried to comply with it as best -- to the best of [is] my ability. (i9) Q: Thank you, sir. Could you tell us what po) you have brought to the deposition in compliance with pi] the duces tecum notice? [22] A: I'm sorry, your voice broke, Mr. Lipman, P3] just as you were talking. Could you repeat that again, P4) please? ps] Q: I said if that happens during the course j Page 10 (i| A: Okay. With respect to a complete copy PI of my file in this matter, should I read off what I Pi have in the file? [4] Q: Yes, sir, please. [5] A: I have first the Complaint for Allen j [6] George Fuller and Mary Ann Fuller, his wife, versus i [7] Raymark Industries, et al. I have the Amended [8] Complaint and I have the Second Amended Complaint for Pi those matters. [to] I have a -- what appears to be a ini resume'for A. George Fuller. It is undated, but it [12] lists his experience and qualifications. i13] I have two deposition transcripts [14] of George Fuller, one which was the video tape [is] deposition, I guess, and the other was the deposition [16] taken later that afternoon, and that was the deposition [17] of Allen George Fuller. [is] I have an excerpt or I presume it's [19] an expert -- or an excerpt of medical records. And po] they were put in a booklet and I can tell you what the pi] headings are, but I do not have voluminous medical P2] files. [23] The first tab are records from the [24] Associates in Family Medicine.The second tab are ps] selected records from the Florida Cancer Specialists. Page 7 - Page 10 (6) Min-U-Script Hamilton-Legato (248) 244-9700 FULLER . v. RAYMARK INDUSTRIES, INC. W illiam Krebs, Ph.D. VoL 1, January 28, 1998 Page 11 pi The third is from the Illinois Regional Cancer Center pi in DeKalb, Illinois.Thc fourth is some records or, pi I'm sorry, a letter and records from Karan Ann O'Malia. [4i (Voices in background.) [si THE WITNESS: I'm sorry, somebody [6] is over talking and I -- pi Q: That's not me and this is David Lipman. Pi If we could, it's very difficult when we have other pi speakers on the phone. So if we could either hold that no] to a minimum or not do it at all. ini I missed the last comment. I [12] heard. Dr. Krebs, I heard Tab 4, a letter, and then you [13] were interrupted. [14] A: Okay. It was from Karan, that's K-a-r[is] a-n,Ann O'Malia, O-apostrophe-M-a-i-l-i-a (sic), [16] Gastroenterology Consultants. [17] And then I have excerpts of records [is] from the Kishwaukee Community Hospital for the [i9i following dates:Junc 20, 1997;June 23rd, 1997;July poj 17,1997;August 8th, 1997,August 12,1997. pi) And then forTab 6 ,1have excerpts [22] of records from Lee Memorial, that's the Lee Memorial [23] Health System, for the following dates: April 30, p4] 1997; May 8th, 1997; for an in-hospital stay of May 9 psi through 10,1997. Page 13 [I] And to that. I've added some other PI information that came out of his two depositions. And PI that, I believe, covers the information for Item 2. [4] MR. LIPMAN: All right. Let me do [5] this before we move to any additional documents. Maybe [6] we can take this sequentially. m Madam Court Reporter, what I'd like [8] you to do is take the Complaint, Amended Complaint and P] the Second Amended Complaint that the witness has [io] referred to and tag that as a composite exhibit, which (II) would be Exhibit 4. [12] COURT REPORTER: Okay. Just one (i3l second. [u] (Marked for identification: [is] Deposition Exhibit No. 4.) [16] MR. LIPMAN: Madam Court Reporter, [17] there should be three complaints; the Complaint, the [is] Amended Complaint and the Second Amended Complaint. [i9l COURT REPORTER: Yes, that's what [20] it is. It's three different stapled documents tagged pi] under one. [22] MR. LIPMAN: I'd like you to mark [23] those three documents as a composite exhibit, Exhibit 4 [24] for identification purposes. ps] COURT REPORTER: Okay. I have done Page 12 j Page 14 [1] And then Tab 7 are some lab repons (1) that. PI and other information from the University of Chicago pi MR. LIPMAN: As I do this. Madam pi hospitals for the following dates, or for the following PI Court Reporter, I realize w e n eed to m ake a record o f Hi periods really: September 1997, October 1997, November [4] what I'm requesting and then I need to give you some [5] 1997, and December 1997. [5] time to do it. [6] Okay. Now let's see. I'm cenain Pi COURT REPORTER: Yes. [7] I've overlooked something. In that file also was a Pi MR. LIPMAN: We'll do it slow.You [8] cover letter from Chris Kolos to me. which was a letter Pi tell me when you're ready. I'd like you to mark Mr. P] of transmittal, dated November 11,1997. Pi Fuller's resume'as Exhibit 5. [to] And I have -- I have just received [io] COURT REPORTER: Okay. Just one (n| as of today a fax of the itemized statement of earnings (ii| second. [12] for Allen G. Fuller for the period January '59 through [12] (Marked for identification: [13] December of 1980. [14] I also have as a fax, and I must [i3| Deposition Exhibit No. 5.) [i4] COURT REPORTER: Okay.That is [is] say that this was resent as of this morning as I [is] marked. [is] misplaced the original, but it was identical to one I [16] Q: Okay. Now Dr. Krebs, with regard to the [17] have. And that is the fax for the Plaintiff's notice [is] of taking the telephone deposition today. [17] two deposition transcripts that you have in your [i8i possession, you indicated that you had a video [19] In addition to that, I have one [19] transcript deposition as well as a deposition that pci other -- excuse me while I flip back to the page -- one po] followed thereafter? pi] other piece of information that I have produced.lt is pi] A: That's correct, sir. P2] in draft form and not finished. But it is a re-sort of [22] Q: Those depositions were taken on August P3] the social security itemized statement of earnings P3] 1st, 1997? p4] putting Mr. Fuller's work history in chronological P4] A: That's correct, sir. ps] order, in son of a rough form right at the moment. psj Q: Have you marked in any of the pages? Do Hamilton-Legato (248) 244-9700 M in-U -Script (7) Page II - Page 14 W illiam Krebs, Ph.D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC. Page 15 Page 17 [11 you have any markings in the deposition? [1] volumes, pi A: No, I do not, sir. pi MR. LIPMAN: Yes. pi Q: Do you have any yellow tabs in the p] COURT REPORTER: You wanted both of M deposition? [4] those volumes marked or is it a composite exhibit? [S] A: No, I do not, sir. [5] MR. LIPMAN: No, I want the front 16) MR. LIPMAN: All right. Madam [6] page of the deposition and then the first page where [7] Court Reporter, for purposes of the record, I think all [7] the initial inquiry begins. [8] we need you to do is at the completion of the [8] COURT REPORTER: Okay. But what (9! deposition, copy the first page, the front page of the [9] I'm saying, there's two volumes. [io] deposition and the first page when questions are asked [io] MR. LIPMAN: Correct, on both [it] of Mr. Fuller for both depositions. [it] volumes. [12] And unless there's any objection, I [12] COURT REPORTER: So you want the ini think all parties will know what those exhibits are and [13] whole thing to be Exhibit 6 or do you want 6 and 7? [i4] we don't need to copy the full deposition volumes. Is [14] MR. LIPMAN: I want those pages, [is] that fair to everybody? [is] they can be a composite Exhibit 6 . [16] MR. KOLOS: That's fine. 16] COURT REPORTER: 6. Okay. And I'm [17] MR. LIPMAN: Anybody have an [17] marking Exhibit 7, which is? [is] objection to that? [18] MR. LIPMAN: Composite medical [19] (No response.) [19] records. [20] MR. LIPMAN: Okay. So you'll do [20] COURT REPORTER: Composite medical [21] that. Madam Court Reporter, following the completion of I[2t] records. Okay. I'm marking that now. Okay.That is [221 the deposition and we won't take Dr. Krebs nor (22] marked as Exhibit 7.You can continue, [23] counsel's time for you to do that now.That'll become j[23] MR. LIPMAN: I want you to then [24] Exhibit 5, a composite exhibit. |[24) mark Exhibit 8, Mr. Kolos'transmittal letter of [25] COURT REPORTER: No, that will [25i November 11th, 1997. Page 16 [1] become Exhibit 6. His curriculum is Exhibit 5. pi MR. KOLOS: No, Mr. Fuller's Pl resume'. [4] COURT REPORTER: Mr. Fuller's [5] resume', I'm sorry. [6] MR. LIPMAN: That's right.This is [7] now Exhibit 6. pi (Marked for identification: [9] Deposition Exhibit No. 6.) [io] COURT REPORTER: Yes. Okay. [it] MR. LIPMAN: Now the next series of [12] exhibits, Madam Court Reporter, are a series of medical [13] reports, medical records that Dr. Krebs identified from [14] Tab 1 to Tab 7.1 assume that's in some kind of [is] composite order or a notebook or such? [16] THE WITNESS: Yes, that's correct. [17] sir. [is] MR. LIPMAN: Could we have that [19] then marked as Exhibit 7? [20] COURT REPORTER: Okay. I'm marking pi] it now. Give me a second. [22] (Marked for identification: [23] Deposition Exhibit No. 7.) [24] COURT REPORTER: Excuse me, Mr. [25] Lipman. On the deposition transcripts, there are two Page 18 [i] THE WITNESS: I just had it here. [21 What I'd do with it? Here it is. pj (Marked for identification: [4] Deposition Exhibit No. 8.) [5] COURT REPORTER: Okay.That is [6] Exhibit 8. [7] Q: Madam Court Reporter, can you hand [8] Exhibit 8 to Dr. Krebs? [9] COURT REPORTER: Yes, he has it. [to] Q: Dr. Krebs, could you read the (HI transmittal record for me out loud? [12] A: Certainly. November 11,1997. [13] Addressed to William H. Krebs, Industrial Health [14] Sciences, Inc., 1014 Bishop Road, Grosse Pointe Park, [is] Michigan 48230 Re:Allen George Fuller and Mary Ann [16] Fuller versus GMC, et al. [17] "Dear Dr. Krebs: [iai "Thank you for agreeing to consult [19] with General Motors in the above-captioned case. [20] Enclosed you'll find a copy of the Complaint, the pil Amended Complaint and the Second Amended Complaint, [22] plaintiff's discovery and trial deposition, all medical [23] records in our possession, as well as the plaintiff's P4] resume', which was produced by his last employer. [25] "Please be advised that this Page 15 - Page 18 (8) M in-U-S cript Hamilton-Legato (248) 244-9700 FULLER v. RAYMARK INDUSTRIES, INC. William Krebs, Ph.D. VoL 1, January 28, 1998 Page 19 in consultation is on behalf of General Motors, as well as pi the other defendants in this case which consist of pi Raymark Industries, Inc., Allied Signal, Chrysler, W Ford, Moog, Grace and Dana.The products at issue pi among these defendants are brakes, clutches and [6] gaskets. pi "If you have any questions, please [8] do not hesitate to contact me. Sincerely, Chris N. [9] Kolos, Enclosure." 10) Q: Dr. Krebs, is that your understanding ini that insofar as this case project, you are consulting [12] for all the concerns that are outlined in Mr. Kolos' [13] letter of November 11th, 1997? [mi A: Yes, that's my understanding, sir. [is) Q: And did you request of Mr. Kolos the [16] documents that were sent to you that arc outlined in [i7i his letter of November 11th, 1997? [is] A: I'm trying to recall the substance of [19] our telephone conversation, which took place on that [20] same day. It would not have been unusual for me to PM request the kinds of information that I was sent. [22] Q: I understand the response. Are you not [23] able to indicate whether or not you requested the [24] specific documents that Mr. Kolos sent to you? [25] A: I do not recall specifically exactly the Page 21 [i| tell you what they are. pi But first is the Notice ofTaking PI Deposition of Dr.William Edward Longo.The second is [4] Chrysler Corporation's Answer to Plaintiff's (si Interrogatories to Defendant Chrysler Corporation.The [6] third is the curriculum vitae for Dr. Longo. [7] Then I have a series of memoranda (a) - excuse me, let me keep this in some order.Then I Pi have defendant Chrysler Corporation's Responses to [io] Plaintiff's Standard Interrogatories to Defendant ini Pursuant to General Order 30.00. [121 Now, I have several memoranda, all [13] of which have been marked as exhibits to his [14] deposition, 1guess. But in any case, a memo to file [is] from W. Longo dated January 16, 1998. [i6] Q: Dr. Krebs, I don't want to interrupt (171 you, but it might facilitate the session if I do from [is] time to time. Can you describe or read to me the title (19! of the memoranda that you just referred to? (20) A: Well, I can title two ways here. It's 121) Defendant's Exhibit Longo 5. i[22] Q: And what is the title of that memoranda? [23] A: "Telephone Conversation with Leon Silke [24] ofAutomobilia." [25] Q: All right.All right. ii Pag 20 [1] substance of our conversation or whether 1specifically [2] requested information to be sent. P] Q: All right. But it would be your general [4] practice to obtain the kinds of materials that Mr. [5] Kolos sent you? [6] A: Yes, that's correct.And I must say, Pi I've said that I had completed all the information in [8] my file. I do have some other information that I'd Pi forgotten about that I've just received. [101 Q: All right. We ll get to that (ti) momentarily. [12] A: I was sent -- [13] Q: Yes, can you proceed and tell me what [U] additional materials were sent for the file? [is] A: Yes. I don't know how best to do this [16] other than to say I have received information that was [17] apparently the subject of a deposition of Mr. or Dr. [18] William Edward Longo. And I was sent a reasonably [19] complete file. If you'd like. I'll be happy to read it [20] to you. pi] Q: Would you, please? [22] A: If you'll let me just try to order it [23] for a second so it'll make a little more sense. Okay. [24] What I have are the defendant's exhibits and the [25] photocopy blocked off some of the numbers so I can't Page 22 [1] A: The second is a memorandum from Longo to (2) file regarding Chrysler Bendix brakes, and that was (3) dated January 9. Here is a memo from Longo to file [4] datedjanuary l 6 captioned "TelephoneConversation with is] Gill Lavcock of the Friction Material Standards [6] Institute in Connecticut." m I then have photocopies of a Ford [8] label with a listing of Ford authorized remanufacturers [9] and a directory of Ford authorized remanufacturers, (io) Ford Parts and Service Division. [ii] I have another photocopy of Disc [12] Pads and Brake Shoes from Bendix. And this appears to [13] be an excerpt from a catalog with -- well, I guess it's 114) an expen of a catalog. ns] I also have four anicles that -- [is] oops, I'm sorry. Let me continue on here. I have [17] another BendLx catalog which appears to be a copy of [18] the same catalog I just gave you. [i9i I then have pictures or a photocopy [20] of a Chrysler label, or it looks like a Mopar label pi] here, with installation instructions, brake shoe and [22] lining assembly from the Service and Pans Division or [23] Sales Division from Chrysler Corporation and it gives [24] the instructions for that operation. psi_ I have eight video tapes. And let Hamilton-Legato (248) 244-9700 Min-U-Script (9) Page 19 - Page 22 William Krebs, Ph.D. VoL 1, January 2 8 ,1 9 9 8 FULLER v. RAYMARK INDUSTRIES, INC Page 23 (i) me ask you, do you want me to read the titles of them pi to you? P! Q: Please. w A: Okay. "Workplace Simulation. Clean-up [si ofBcndix Brake Shoes for Chrysler Vehicles."The next Pi isWorkplace Simulation, Clean-up of Bendix Brake Shoes [7] for Ford Vehicles." "Workplace Simulation, Hand Filing Pi and Clean-up of Bendix Brake Shoes for Ford Vehicles, pi Front." "Workplace Simulation, Hand Filing and Clean[io] up of Bendix Brake Shoes for Ford Vehicles, Side. " in] The next is "Workplace Simulation, Hand [121 Filing of Bendix Brake Shoes for Ford Vehicles."The [13] next is "Workplace Simulation, Hand Filing and Clean-up [14] of Bendix Brake Shoes for, excuse me, for Chrysler [is] Vehicles, Front." "Workplace Simulation, Hand Filing [16] of Bendix Brake Shoes for Chrysler Vehicles." [17] And the last is "Workplace [18] Simulation, Hand Filing and Clean-up of Bendix Brake [19] Shoes or Bendix Brakes Shoes," that's B-r-a-k-e-s Shoes [20] "for Chrysler Vehicles, Side".Those are the eight [21] video tapes that I was sent several days ago. [22] Q: Does that complete the -- those [23] documents, video tapes and other materials relating to [24] Dr. Longo's work? [25] A: No.There are still some additional Page 25 [1] mechanic" from the British Journal of Industrial pi Medicine 1989, Volume 46, Pages 69 through 71. pi I believe, sir, that is a listing pi of the total contents of the package. [5] MR. KOLOS: Do you have the [6] transcript? [7] THE WITNESS: No, there was no [8] transcript included with the stuff that was sent to me. PI MR.YEGELWEL: David, it's Evan. I [io] think we need to give a warning concerning, since Chris [ni Kolos is the only lawyer there -- [12] MR. LIPMAN: I understand. Chris, [13] I just heard you. Would you please extend us the [H] courtesy of not communicating to the witness during the [15] course of the deposition. [16] MR. KOLOS: Okay. I just thought [17] he had the transcript. I was just trying to help. [18] Sorry. [19] MR. LIPMAN: I understand your [20] intention. I just prefer that you not speak to the -- pi] MR. KOLOS: I appreciate that. [22] I'll abide by that and -- [23] MR. LIPMAN: Thank you very much. [24] Q: And Dr. Krebs, you've heard my comment [25] to Mr. Kolos. I request that you not communicate with Page 24 [1] articles that were included in the bundle.The first [2] was an article titled, well, let's see. It's Rohl, PI Arthur N.,Art Langer, et al. from Environmental -- I'm W sorry, the article is titled "Asbestos Exposure during [5] Brake Lining Maintenance and Repair," appearing in [6] Environmental Research, Volume 12,110 through 128. [7] The next is an article by [8] Kauppinen, and for the Court Reporter, I'll spell that, Pi K-a-u-p-p-i-n-e-n. His first name isTimo, and Kari [10] Korhonen, that appeared in the American Industrial [11] Hygiene Association Journal, Volume 5 -- I'm sorry, [12] Volume 48, Issue 5, Pages 499 through 504.The article [13] is titled "Exposure to Asbestos During Brake [14] Maintenance of Automotive Vehicles by Different [is] Methods." [16] The third is an article by Lorimer, [17] William V., Lorimer being his last name, Arthur N. [is] Rohl, et al. It appeared in the Mount Sinai Journal of [19] Medicine, Volume 43, No. 3, the May-June Issue 1976. [20] Article titled "Asbestos Exposure of Brake Repair pi] Workers in the United States." [22] And the last is an article from or [23] authored by Huncharek, H-u-n-c-h-a-r-e-k, first initial [24] M.;J. Muscat, M-u-s-c-a-t and J. V. Capotorto, C-a-p[25] o-t-o-r-t-o, titled "Pleural mesothelioma in a brake Page 26 [1] Mr. Kolos during the session, either by asking him a [2] question, listening to him, passing materials back and Pi forth, et cetera. Is that agreeable? [4] A: I certainly understand that, sir. [5] Q: Thank you, sir.As if we were in court, 6] in other words. [7] MR. KOLOS: David, excuse me. [8] COURT REPORTER: Excuse me. Is Pi this Mr. Lipman talking all the time or is someone else [io] saying something? in] MR. LIPMAN: No, this is Mr. Lipman [12] speaking. [13] MR. KOLOS: Mr.Yegelwel earlier [14] and I'll try to help the Court Reporter with names. If [is] you could identify yourselves, it would help the Court [16] Reporter. [17] Q: Okay. Now Dr. Krebs, do I understand [18] that in fact you do not have Dr. Longo's deposition [19] testimony? [20] A: That is correct. And I did forget two pi) other things, I'm sorry. I just happened to see them [22] here. [23] I have two books prepared by [24j Richard L. Hatfield and William E. Longo, which [25] apparently are the data for the video tapes that I've Page 23 - Page 26 (10) Min-U-Script Hamilton-Legato (248) 244-9700 FULLER v. RAYMARK INDUSTRIES, INC. W illiam Krebs, Ph.D. VoL 1, January 28, 1998 Page 27 (tj just read to you. p] The first is titled "Bendix Brakes pi for Ford Vehicles,Workplace Simulation Demonstration." w And <ince this has been a defendant's exhibit already, pi I mist you know which one I have. (61 The second is "Bendix Brakes for C7] Chrysler Vehicles, Workplace Simulation Demonstration." Pi And again, as I said earlier, prepared by Hatfield and PI Longo. [iq Q: Yes, sir. I'm familiar with those ini documents. Dr. Krebs, docs that complete your review (i2l of all of what we've been referring to as the Longo (i31 materials that were provided to you? [14] A: Yes, that is the listing of the [is] materials that I have, as I said, just received a few [16] days ago. I have not looked at them extensively, but (17) they arc what I have received. [i8i Q'. All right. Have you underlined or (19) yellowed any of the pages of any of the documents that [201 you've just described? pi) A: No. As I had just said, I have just [2?l received these over the weekend. I have given them a [23) cursory examination and have not underlined, marked or [24) flagged in any way anything in the printed documents. P5] And of course with the video tapes. I've done nothing Page 29 [11 A: No, I did not indicate that a letter of PI transmittal was sent. And if indeed one was, 1do not PI have it. (4i Q: All right.Thank you, sir. Did you si request that material to be provided to you? [6i A: No, I did not, sir. (7i Q: Have you discussed with any counsel in Pi this case the materials that we're talking about Pi relative to Dr. Longo's testimony? [io] A: Other than conversation indicating that in) I was beginning to review it, that is probably the sum (121 and substance of the conversation to this point. [i3| Q: And who did you have that conversation [i4] with? [is] A: I spoke with Chris Kolos. [16) Q: And what was requested of you with [17] regard to the Longo materials? lie) A: They were sent for my review. [19] Q: Do you intend to offer opinions [2oj regarding Dr. Longo's work and testimony in this case? (21) A: I have no idea whether I'll be asked to (22| render any opinions in the case. With respect to [23] opinions about Dr. Longo's work, I don't know what I [24] would be giving an opinion about at this point. [25] Q: All right. Because it would be i Page 28 [1) with them either. (2) Q: You've not seen the videos? pi A: I have looked at, quickly looked at Hi several of the videos, but I've not looked at them and [5] studied them in careful detail. (6| Q: All right. If we can, just so we can [7) continue with our housekeeping system, if you could [8) take all these materials, all the Longo materials that [9) you referred to and kind of place them on another side [io) of the desk. It is not necessary for those materials [it] to be marked as exhibits. I think you've identified (12) all of them for us. (13) A: (Witness complies.) (14) Q: May I proceed? This is David Lipman [is] continuing. Are we ready? (16) MR. KOLOS: Not just yet. He's [17] still trying to sort out the Longo stuff and put it [i8i away. [19] MR. LIPMAN: Okay. (20| THE WITNESS: Okay. Moving onward, pi) I'm done. [22] Q: All right. I omitted a question which [23] may require you to go back to the Longo materials. Did [24] you indicate that a transmittal letter was sent to you ps] with that information? Page 30 [1) premature for you to know what opinion to offer because pi you haven't reviewed the materials5 Pi A: That is true. [4] Q: All right. I just want to make sure, (5) Dr. Krebs, that before you testify at trial, should you pi have an opinion with regard to Dr. Longo's studies, and [7] if you intend to advance that opinion at trial, we [8] would request the opportunity to take a short [9] deposition in order to explore those matters with you. (io) Is that fair? in] A: That's fine with me, but that's a matter [12] between you and Mr. Kolos, I believe. [13] Q: All right. I will discuss that with Mr. [14] Kolos. Have you formed any opinion at all with regard [is] to Dr. Longo's work based upon, and I realize the [16] fairly perfunctory review of the video or videos that [17] you've seen? [18] A: I have not formulated an opinion at this [19] time about his work. As I've said earlier. I've only po| given a brief review of what has been sent. And I'm [2i| trying to determine from the information that's been [221 provided precisely what it is that Dr. Longo was trying [23] to demonstrate. P4] Q: Thank you. Dr. Krebs. Dr. Krebs, are ps] you familiar with Dr. Longo's work professionally? Hamilton-Legato (248) 244-9700 Mln-U-Script (11) Page 27 - Page 30 William Krebs, Ph-D. VoL 1, January 28, 1998 FULLER y. RAYMARK INDUSTRIES, INC. Page 31 [i] A: No, I am not. pi Q: Have you ever heard of him before? pj A: I've heard his name in passing, but I am [4) not aware of him nor have I met him. [5] Q: Have you ever read any of the [si professional publications that he has either authored pi or co-authored? PI A: I do not believe that I have, but I Pi really don't recall specifically today if I have seen [io] anything from him. If I have, I don't recall it. [n] Q: Same questions with regard to Richard [12] Hatfield, are you familiar with Mr. Hatfield's work? [13] A: No, I am not familiar with Mr. Hatfield. [14] Q: All right. Let's go back then. We had [is] left with Exhibit 8, which was Mr. Kolos'cover letter [16] transmittal of November 11th, 1997.You then [17] indicated, and I'm kind of going in sequence, that you [is] had been faxed today an itemized earnings statement of [19] Mr. Fuller with references beginning on January 1959 [20] through December 1980? pi] A: I'm sorry, I missed the first part of P2] your statement, sir. p3] MR. LIPMAN: Madam Court Reporter, p I'm hearing -- can you hear me? [2-;; COURT REPORTER: I can hear you. Page 33 [1] course, the itemized statement of earnings does list PI places where compensation was received from people and Pl the times and for the length of time that the person [4] was employed there. One can make a rough estimate of [5] the length -- of the kinds of exposures and length of [6] employment from looking at this particular statement, pi Q: Have you formed any opinions with regard [8] to any matters which are delineated in the itemized pi statement of earnings that we're discussing? [10] A: Well, having received it at about noon [11] today, I've not really had a chance to look at it, [12] other than I did put it in the draft form so I could [13] take a little better look at the sequence of jobs that [u] he held prior to working for the City of DeKalb. [isi Q: Did you prepare the draft form relating [16] to the itemized statement of earnings? [17] A: Yes, I did, sir. [is] Q: And you did that this morning after you [19] received the fax? [20] A: Yes, I received the fax at about, oh, pi] 11:15, 11:30 and then I put it into a form where I [22] could better understand it. [23] Q: All right. What I'd like you to do is p4] hand both the itemized statement of earnings, as well PS] as the draft that you prepared this morning, to the Page 32 [ij MR. LIPMAN: All right. I'll [2] re-ask the question. Pi Q: You had indicated that you had been [4] furnished today, and I believe it was by fax, an [5] itemized statement of Mr. Fuller's earnings dated from 6] January 1959 through December 1980, is that correct? p] A: That's correct, sir. [8] Q: You received that today? (9) A: That's correct, sir. [io] Q: And did you request that document? [til A: When I learned that it was available, [12] yes, I requested it. [13] Q: Who did you request it from? [14] A: I requested it from Mr. Kolos'office, [is] as he and I had had a conversation as he was en route [16] to Detroit. And I then called to ask that his [17] secretary send it to me, per his instructions. [is] Q: Why did you request that document from [19] Mr. Kolos? po] A: Once I knew that it was available, I pi] requested it for several reasons. One, I was trying to [22] sort out the work history information that was [23] disclosed in Mr. Fuller's two depositions. [24] And I was always interested in PS] knowing where else he may have been employed. And of Page 34 [t] Court Reporter. And Madam Court Reporter, I request PI that you mark those two documents as a composite [3] exhibit as Plaintiff's Exhibit No. 9. [4] (Marked for identification: [5] Deposition Exhibit No. 9.) [6] THE WITNESS: And again, let me Pi mention -- (8) COURT REPORTER: Wait. You're not [9] on the record. [10] MR. LIPMAN: Mr. Kolos, if you can [1 1] facilitate our deposition today, and if it can, you can [12] converse -- [13] COURT REPORTER: You're not on the [14] record. Okay. I was marking the exhibit, so we kind [isi of lost track of you there. [16] MR. LIPMAN: I know. Mr. Kolos had [17] begun to speak. [18] COURT REPORTER: Okay. [19] MR. KOLOS: No, I had not begun to poj speak. pi] COURT REPORTER: No.The witness [22] was beginning to say something as I got up to mark the [23] exhibit and I informed him he wasn't on the record. So p4] I motioned to him no, because I can't do two things at PS] once. Page 31 - Page 34 (12) Min-U-Script Hamilton-Legato (248) 244-9700 FULLER v. RAYMARK INDUSTRIES, INC. William Krebs, Ph.D. VoL 1, January 28, 1998 Page 35 [tj I've marked the Exhibit 9. Now we pi may continue. p] Q: Dr. Krebs, did have something to add to W your last response? pi A: I was just again restating that these (6) are clearly in rough draft form, as you will see when - m pi Q: Thank you for that information. Dr. Pi Krebs, as we take your deposition at this time, do you [ioi have any knowledge as to whether or not Mr. Fuller was ini occupationally exposed to asbestos materials prior to (121 1971? [13] A: With respect to the review of his places [14] of employment, and from the job descriptions given (is) during his deposition, there were -- or there is a (16) possibility of an exposure, but there was no definite (17] statement made by Mr. Fuller that he was exposed to [is) asbestos prior to working for the City of DeKalb. (191 Q: And that would be your opinion as you've [2o] just indicated? pi) A: From a very rough look at the [22] information received several hours ago, and without [23) recognizing some of the names of the companies that he [24| was employed at, that is, in part, my view. As 1said, psi that -- there were some potential exposures that or Page 37 [i| And of course my current company Pl also performs epidemiologic investigations, although I PI primarily work in the industrial health area as opposed (4j to epidemiology. is) Q: Dr. Krebs, would you agree that an Pi important tool utilized by industrial hygienists in [7] order to ascertain an employee's occupational exposure [8] would be to have that employee articulate his or her PI exposure from their own personal source of information5 (io) A: I'm sorry, I missed a word right at the ini beginning. Did you say tool or was it something else5 (121 Q: Tool, t-o-o-1. [13] A: Okay. I'm sorry, we couldn't hear that. [14] Q: Yes. is] A: With respect to your question, an [16] employee evaluation of that employee's exposure may be [17] of value. On the other hand, it may not. Most people |[18) are not trained in matters related to industnal i[i9] hygiene. ipoi And other than to indicate perhaps 121] some discomfort with a work setting, most people are i[22] not properly trained to be able to quantitatively j[23| determine whether they are being exposed or not to a |(24i particular chemical and, if so, as to what those levels |[25] might be. Page 36 [i] some places of employment where there may have been PI some potential exposures, based on what I'm looking at Pi here, that would possibly be of importance. [4] Q: Do you intend to do any further study is] with regard to this matter? (6) A: I don't know whether I will or not. [7] Q: I have the same question for you If (si you do additional work with regard to what we're [9] discussing, that being any possible occupational [ioi exposure prior to 1971, I'd like you to share that with [it] us and we'll take your telephone deposition during [12] these proceedings. [13] A: Certainly.That would be fine. [14] Q: All right. You're an industrial (is] hygienist, are you not? [16] A: I'm an industrial hygienist, as I am (17) some other things as well. [is] Q: All right. What else are you? [i9i A: My training is in industrial health. [2oj And over the years, I have occupied several job titles, pi] My primary training is in the field of industrial (221 hygiene, but I've also been trained in air pollution [23] control, industrial toxicology and I have served as one P4j who has organized occupational epidemiologic ps] investigations within General Motors Corporation. Pace 38 I in Q: Well, let me ask you it from a different i pi point of view. If you wanted to know whether Mr. j pi Fuller ever worked with asbestos materials prior to I [4] 1971, prior to his employment with the City of DeKalb. ; [5] would you agree that asking Mr. Fuller whether that l (6i occurred would be a likely source of information? i (7) A: Well, that would certainly be a source (si of information. It might not necessarily be complete (9i or accurate however. (ioi Q: Okay. Have you read Mr. Fuller's l(ii) deposition taken on Sunday of this week with regard to j|i7) his work history prior to working with the City of |(i3i DeKalb in 1971? (14) A: No, I was unaware that there was a (is) deposition on Sunday but I'd be delighted to see it. \(16] Q: Have you conferred with anyone with I(17] regard to the fact that Mr. Fuller has been deposed a ![is] second time? I[i9] A: I don't believe that I was advised of I[20] that. [21] Q: Do you wish to see the contents of that [22] deposition to ascertain Mr. Fuller's responses to [23i questions concerning whether or not he was exposed to [24] asbestos prior to 1971? ps] A: I would be interested in seeing the Hamilton-Legato (248) 244-9700 Min-U-S cript (13) Page 35 - Page 38 W illiam Krebs, Ph.D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC. Page 39 ni deposition to see what he had to say about his prior pi exposures and what his guesses were as to what he pi thought he was exposed to. M Q: Dr. Krebs, do you have any additional PI materials in front of you that you've brought to the [61 deposition in order to comply with the Notice of the m Deposition and the Subpoena Duces Tecum? pi A: Yes, I do have some additional pi information. 1101 Q: And could you share that with us? ("1 A: I'd be delighted to. I have a list of (121 testimony that I have given.And if you'll excuse me (13] for a minute, I've lost your notice here so I can know (141 what I have to do. Here we go. I've got it. !'51 I do have a list of files that I (161 have worked on going back for several years. I do not ('71 have a complete list.And I do not have the attorneys' (18) names for the respective parties in the matters, but I [19] do have the titles of the cases and the courts in which (20) they appeared. [21] Q: Approximately how many cases have you (22) outlined in that list? [23] A: If you'll wait just a minute, I will [24] count them. [25] Q: Thank you, sir. Page 41 (il transportation industry. PI Q: And in terms of representatives of the PI transportation industry, would General Motors M Corporation have been a defendant in every case, if you [SI know? (61 A: At the time that I was participating, PI they may or may not have been. [8] Q: All right. Were they a defendant in PI most of those cases? [10] A: In the ones that I have listed here, for ("I several years, yes, they were involved. And more [12] recently they have not been, as far as I know. [131 Q: Dr. Krebs, have you ever testified or [14] consulted in an asbestos-related case on behalf of a [15] victim of an asbestos-related disease? [16] A: With respect to testifying or consulting I'T] on behalf of a plaintiff, I have not been asked to. [18] Q: And I would then assume that your answer [19] is no, you never have? [20] A: That is correct. But again with the [21] proviso, I've never been asked. [22) Q: Aside from the 17 cases identified in [23] this document, have you testified in any other case or [24] cases in asbestos-related diseases, involving [25] asbestos-related diseases? Page 40 (') A: I have 17 matters from 1993 to the [21 present time that were the subject of deposition PI testimony. And I might -- I should tell you that one [4| of these was a group deposition where there were four P) plaintiffs.Anotherwasa deposition of two (61 plaintiffs. So these were not individual depositions. m And then I have one, two, three, [81 four, five citations for trial testimony, again from PI 1993 to the present time. And these are all matters [10] related to asbestos as opposed to other things that I [11] may have been involved in. (12] Q: Do you recall, Dr. Krebs, in these 17 (131 cases on whose behalf did you testify? [14] A: In a number of these cases, I was [151 representing a -- I was testifying on behalf of [16] defendants in the transportation industry. General [17] Motors, Ford, Chrysler and so on. (18( Q: Would that be all 17 cases? (191 A: With respect to the 17 cases that I have [20] here, I'm often retained by multiple defendants, and [21] all I have listed here is the first of the -- or is, (22) you know, one of the defendants, and probably -- or I [23] can't tell you today who the rest of the defendants [24] might have been. But generally speaking in the past, [25] they have been the representatives of the Page 42 (1) A: I'm not sure I understand your question, [2] sir. p] Q: Let me ask a different way. Is the list [4] that you have in front of you a comprehensive list of is] all cases in which you have testified in matters 6] relating to asbestos-related diseases? [7] A: This list that I have before me is [8] comprehensive from January of 1993 to the present time. [9] I do not have a listing of matters that I was involved [io] in prior to that time. in] Q: And are you able to quantify or give us [12] a general estimate of the number of cases that you [13] consulted in prior to January 1,1993 involving [14] asbestos-related illnesses? [is] A: It would be a guess, but the guess would [16] be in the order of, say, three quarters of a dozen to a [17] dozen matters. [is] Q: All right. [19] A: I really don't know. [20] Q: Okay.Then 1won't hold you to an exact pi] number. In terms of those subset of cases prior to 22] January 1993, did you testify in those instances on [23] behalf of concerns or companies that manufactured or 24] distributed asbestos products? [25] A: In those instances, I was a General Page 39 - Page 42 (14) M in-U -Script Hamilton-Legato (248) 244-9700 FULLER v. r a ym ark INDUSTRIES, INC. W illiam Krebs, Ph.D. VoL 1, Jan u ary 28, 1998 Page 43 (ij Motors employee and was testifying on behalf of General pi Motors and Ipresume otherdefendants who may have been pi involved with those actions at that time, but I was a W General Motors employee at that time. (si Q: All right.Thank you, sir. I assume lei then you left General Motors at approximately January m 1993? pi A: I left General Motors at the end of June pi in 1993no) Q: All right. If you can hand that in] document to our Court Reporter. Madam Court Reporter, (iz) I'd like you to mark that document that we're (131 discussing Plaintiff's Exhibit No. 10. (Hi COURT REPORTER: Okay. I'm marking (isi it now.This is a two-page document. [i6i (Marked for identification: [17] Deposition Exhibit No. 10.) [isi COURT REPORTER: I'm done marking [19] it. Pol Q: All right. Dr. Krebs, any additional pi] documents that you brought to today's deposition in [221 compliance with the deposition notice? [23] A: I have brought a number of articles with R4) me that I believe comply with the Notice of Deposition, [25] as well as just general review articles for questions Page 45 [1] industrial hygiene articles involving testing that you [21 conducted, are there? p] A: I have -- I just want to make sure I (4j have all of them with me here before I answer your (Si question. I have four studies that were done, three of [6i which were done at dealerships during brake inspection [7] or brake servicing. [8] The fourth was an industrial [9] hygiene investigation at a facility to determine the [10] nature and extent of operator exposures to airborne [Hi asbestos while performing brake lining resurfacing [12] operations, namely, they were using a brake doctor. [13] The next -- I'm sorry, I missed [14] one.The next is a sample sheet which gives some brief (isi information to one of our plant or one of General 118] Motors plant industrial hygienists about the changing [17] of brake linings of an Olds Omega in 1975 with a result [18] of air test, and some comments about how the operation !(19] was done. It was a very cryptic series of notes for 120] the air sample that was conducted. |(2i] Q: And are those notes pan of the four [22] anicles or is this in addition to the four studies5 [23] A: Mr. Lipman, that's an additional study [24] or it's an additional sheet of paper. |[25] Q: The four studies and then these notes5 Page 44 [i] that I anticipated might com e up. Pi Q: And how many articles have you brought? pi A: You'll have to wait while I count them . [4] I'd say that there's probably some 20, 25 or so. I [5] have 28.1am missing something that probably will [6] bring the num ber closer to 30. Pi Q: Dr. Krebs, rather than have you take the [8] time now to indicate the title and author o f each [9] article, are you able to tell me the general topics [10] that those articles address? Refer to Schedule A on in] the Notice o f your Deposition. [12] A: Let me see if I can get them grouped [13] here for you and I think I can do that for you. [14] First off, I have tw o general [is] articles on the topic o f asbestos, the Dreessen study [16] and the Vorwald study, w hich covers a wide variety o f [17] general information about th e area o f asbestos. [18] I then have a series o f industrial [19] hygiene studies that I have conducted, and one o f w hich [20] was conducted un d er my direction, that w ere done at pi] General Motors facilities and another that includes an [22] industrial hygiene study conducted by th e Michigan P3] Departm ent of Public Health at a City o f D etroit [24] Departm ent of Public Works vehicle m aintenance station. [25] Q: How many o f that, o f those articles, I Page 46 I [1] A: That's correct. PI Q: Okay. pi A: And then the sixth is a letter report [4] dated June 19,1986, again from the Michigan Department [5] of Public Health to the City of Detroit, talking about [6] personal air samples collected during brake [7] maintenance. Pi Q: Dr. Krebs, I don't have these articles [9] obviously in front of me, but let me ask you this. As [10] to the four industrial hygiene studies that you [1 1] conducted while you were employed with General Motors. [12] are you generally familiar with those studies? [13] A: I'm not sure I understand the question, [14] sir. [is] Q: Are you familiar with those studies? [i6i A: Am I familiar? I'm aware of them, yes. 17] Q: You authored those studies, did you not? [is] A: I'm sorry, I guess I don't understand. [19] Q: Well -- [20] A: Let's start again. [21] Q: Okay. As to the four studies, the [22] industrial hygiene studies, did I understand correctly [23] that you personally conducted those studies and those [24] are your reports? [25] A: That's correct, sir. Hamilton-Legato (248) 244-9700 Min-U-Script (15) Page 43 - Page 46 W illiam Krebs, Ph-D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC. Page 47 pi Q: T hat's all I asked. PI A: Okay. I'm sorry. pi Q: And that occurred while you were an Pi employee of General Motors? IS) A: That is correct, sir. [6] Q: Are you -- I would assume that you're [7] familiar then with your work? [8] A: Generally speaking. pi Q: Do you recall w hether those studies no] addressed only dust levels regarding the blow-out of in] wear dust, of old brake assemblies? [12] A: These studies, in general -- I'm trying [13] to find a good way to answer your question. [14] These studies concerned themselves [is] with the handling of brakes during a required New York [16] State vehicle inspection, and resulted in measurements |i7] of the dust and debris that was released as a result of [is] those operations. [i9] The studies also concerned pc] exposures to other contaminants in the dealerships, pi] But primarily these air tests were made while replacing 22] brake linings or by checking brake linings at the GM [23] dealerships where these studies were conducted for the [24] -- and the studies were conducted while the brake [25] inspection was under way. Page 49 in mechanical work? [zj MR. KOLOS: O bject to the form of P) the question. Go ahead. W THE WITNESS: With respect to [5] General Motors being aware of operations, excuse me, [6] the service manuals addressed the proper installation m procedures for new materials. [8] And as to w hat kinds o f operations [9] that they may have been aware of, I really can't say, [io] other than to say that the linings that were in] manufactured, sold, and distributed by General Motors [12] w ere covered by th e brake service manual that had the 13] required installation procedures in them. [u] Q: Are you aware, Dr. Krebs, of w hether or [is] not mechanics have beveled, rasped or filed new brake [16] linings during the course o f their career? [17] A: With respect to surface treatment of new [is] linings, I am aware that in an earlier day, some brake [19] mechanics or some service technicians would treat the [20] brake or would, yes, treat the brake surface with the pi] use of a brake doctor. [22] And in some instances, mention has [23] been made of very occasionally using a very light [24] application of sandpaper to receive or to reduce, I'm [25] sorry, to remove perhaps some grease marks. Page 48 [i] Q: 1 understand that. Do you know w hether pi those air tests that were conducted involved air tests pi of used brake equipment as opposed to air tests [4] involving the filing, rasping or beveling of new brake 5) equipment? [6] A: These studies covered not only the m inspection of linings that were already on the vehicles [8] as they came in for servicing or for the brake check. [9] They also included the installation of new linings. [io] With respect to the various [til operations that you were talking about of filing, [12] rasping and whatever, those were not conducted as they [13] arc not a p an of the suggested brake servicing or [14] installation process. [is] Q: At what point in time were the filing, [16] beveling and rasping of new brake linings not the [17] suggested procedure utilized by mechanics as directed [18] by General Motors? [19] A: I do n 't know that General Motors or [20] anyone else ever suggested that linings be filed, pi] sanded or rasped or being rasped, as I understand your [22] [23] Q: It's your testimony that General Motors [24] was never aware o f the fact that mechanics indeed [25] rasped, filed and beveled new brake linings in their Page 50 [il But with respect to vigorously [2] sanding, rasping o r filing a brake lining, frankly I've [3] never seen that, nor have I heard o f it. w Q: Are you able to date the period of time [5] that you just indicated w hen you stated that at an [6] earlier day m echanics worked on brake surfaces, as you [7] indicated, as a brake doctor and did certain [a] applications to the new lining? [9] A: Excuse me, Mr. Lipman, your voice broke [io] just as you started off and I -- in] Q: I'm sorry, let me re-ask and I [12] appreciate if you, as you're doing, if there is any [13] problem in our telephone communication, to tell me so I [14] can re-ask the question. It'll facilitate our session [is] today. [16] A: And likewise for me. [17] Q: Thank you, sir. You had indicated in [18] your last response, Dr. Krebs, that in an earlier day, [19] you were aware that m echanics would perform certain [20] applications on brake linings. You used the term as a pi] brake doctor. [22] And my question is, are you able to [23] date that period o f time? [24] MR. KOLOS: Object to the form. [25] THE WITNESS: Well, and let me just Page 47 - Page 50 (16) M in-U-S cript Hamilton-Legato (248) 244-9700 FULLER, v. RAYMARK INDUSTRIES, INC. W illiam Krebs, PhJD. VoL 1, January 28, 1998 Page 51 (1) clarify one picce.That I am aware that some mechanics pi may have performed the operations that you have just pi listed. And that occurred, to the best of my [] knowledge, and I may be incorrect on this, but that is] occurred, to the best of my knowledge, in the decade of [6i the '60s and previous to that. [7] For the decade of the '70s when Pi linings were -- at least when General Motors linings pi were sold fully finished, there was no need to perform (io) those kinds of operations, albeit it's a big world out ini there. I couldn't say that everybody out there wasn't [i2i still doing something. But at least the linings, as [is] they were sold, were fully ready for installation (mi requiring no additional processing. [151 Q- I gather then with regard to my earlier [16] question, the four studies that you conducted did not [17] involve or address any air measurements caused from the [18] filing, beveling or rasping of new brake linings? [19] A: With respect to filing, rasping, [20] beveling of new brake linings, the study that I had pi] made m ention of with a brake doctor is the only study [22] that would approxim ate the kind of conditions that [23] you're making reference to. [24] Q: And what is the title of that particular [25] study, Dr. Krebs? Page 53 [t] how did that line -- how did that occur, the PI reprocessing work? Pl A: I'm sorry, I don't understand your [4] question, sir. (si Q: How is the study conducted insofar as [6i the processing that occurred on the outside radius of [7] the new brake lining? [8] A: Well, of course, the report speaks for [9] itself. But in summary, what was done, a brake lining [10] was put in the fixture, and the brake was arced or was [11] placed against the cylinder grinder and arced for a [12] number of minutes. Definitely an excessive condition [13] compared to what is usually done for such things. [M] And air measurements were made from [is] the operator and in the general areas by using rwo air [16] sampling techniques. j[17] Q: And the May 30,1984 study is the only [i8] study which analyzes that type of mechanical work? i(i9] A: With respect to the studies that I have ![20] conducted outside of General Motors settings, that is i[2i| true.This is the only study that I have and that I (221 have with me today that show's the results of air tests i[23| conducted with a brake being put through that ,[24| procedure. :[25| Q: And aside from the studies that you've Page 52 [i] A: There is no particular title for the (21 study. It is dated May 30,1984. And the first Pi paragraph reads, "An industrial hygiene survey was [4] conducted at Pekin Machine and Pans Company, Pekin, [5] Illinois on February 13, 1984.The purpose of the [6] visit was to evaluate the nature and extent of operator (7i exposures to airborne asbestos while performing brake Pi lining resurfacing operations." PI Q: And the brake doctor work referred to in [10] that report, is that an application that you just [11] described involving the sanding through sandpaper of a [121 light application of sanding of the new brake linings? [131 A: No, it is not.This was a worse case (Mi test conducted to reprocess the outside radius of a [is] drum brake shoe using the AMMCO brake doctor, which is [i6i a cylinder. [17] Q: AMMCO brake doctor? [is] A: Yes, a cylinder grinder. [i9] Q: And that would be grinding on new -- a [2oi new brake assembly? [21] MR. KOLOS: Object to the form of [22] the question. 123) THE WITNESS: Yes, this was a [24] processing of a new brake shoe and lining. [25] Q: And how did that lining in that study. j Page 5a j [t| brought with you today, are you familiar with any o th er | (2i literature in the field w hich addresses what w e're | pi discussing, that is, the grinding, filing or rasping of I [4] new brake lining and the m easurem ent of dust th at's i [5] created from that processing? i (6) A: Well, as I said earlier, the filing, [7] beveling and rasping, as you're talking about, is a [8] procedure that I'm certainly not familiar with as being [9] a p an o f a standard way of processing a brake, w h ether [io] it be in a new installation o r in an old assembly. in] But there -- I certainly have (i2l literature that talks about th e servicing and relining (131 of brakes and m otor vehicles. (i4) Q: Literature that you have not brought (is) with you today? (16) A: Literature that I have brought with me [17] today, yes. (i8| Q: That addresses what w e 're discussing? (19) A: Yes, th at's correct. [20] Q: All right. You w ere walking me through [211 the various topics. [22] A: Oh, I'm sorry. I lost my train of [23] thought. [24] Q: Let's go back to kind o f the context of [25] what w e're discussing.You have these 28 articles in Hamilton-Legato (248) 244-9700 M in-U -Script (1 7 ) Page 51 - Page 5^ William Krebs, Ph.D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC Page 55 [1] front of you.You described two general articles and PI described the four industrial hygiene articles PI involving your studies, some notes and a letter report [4] of June 1980.1think that's where we were. Pi Could you take us to the next Pi topic, assuming you've completed the second topic? pi A: Yes, let me son the desk top out here pi so I can find everything for you. PI The next collection of materials [io] are a series of industrial hygiene reports that were [it] conducted by the National Institute for Occupational [12] Safety and Health as a part of their health hazard 131 evaluation program. [u] And the studies that I have brought (is] with me are a sample of those that are available, but (i6i they address exposures of brake mechanics at various [17] brake facilities in the United States. [is] Q: And the next topic? [19] A: There we are.The next topic would be po] the emissions from brakes. It's a series of studies pi] that were published by the Society for Automotive [22] Engineers. And one is an article that appeared in p3] "Environmental Research," titled "Asbestos Brake P4] Emissions." P5] Q: All right.The next topic? Page 57 [1] Q: Does that complete our review of the 28 pi articles? pi A: No, I still have some more here, sir. [4] Q: All right. And again, can you kind of [5] keep them in subject matter, if that's possible? [6] A: Well, I'm doing the best I can for you. pi Q: Thank you, Dr. Krebs. [8] A: I have several articles dealing with -- Pi several published articles dealing with exposure to io] asbestos during brake maintenance.There are five of in] those. [12] And then I have -- 1have an [13] excerpt from the Federal Register, which was the [14] preamble for the Asbestos Standard. I did not -- I [is] don't have the full preamble. It's on a CD rom, but I [i6i did print off one portion of it.That deals with -- [17] I'm trying to find some good key words here for you, [18] Mr. Lipman.That deals with peritoneal mesothelioma 19] and fiber type. I think that's the simple way of i[20] putting it. And -- pi] Q: What is the date of those regulations? [22] A: Okay. I'll give you the -- okay.This P3] is Federal Register, Volume 48. No. 215, Friday, P4] November 4,1983, Page 51111. And -- ps] (Voices in background.) Page 56 [1] A: The next is a series of articles, pi several articles, there's two here, dealing with the pi toxicology of asbestos. One dealing with automobile [4] brake lining dust injected into the body cavities of [5] mice; another having to deal with, "The pathogenicity [6] of long versus short fiber samples of amosite asbestos pi administered to rats by inhalation" -- I'm going to [8] start the title over again. "The pathogenicity of long pi versus short fiber samples of amosite asbestos [io] administered to rats by inhalation and intraperitoneal in] injection," authored by J.M.G. Davis, et al. in the [12] British Journal of Experimental Pathology 1986. [13] The next is an article titled, [14] "Mesothelioma Among Car Mechanics," authored by [is] Woitowitz, and I'll spell that, W-o-i-t-o-w-i-t-z, and [16] K. Rodelsperger, that's R-o-d-e-l-s-p-e-r-g-e-r that [17] appeared in the Annals of Occupational Hygiene, Volume [is] 38, No. 4 of 1994. [i9] Then two papers dealing with a po] mortality study of workers manufacturing friction pi] materials with chrysotile asbestos, authored by [22] Newhouse and Berry or Newhouse,Berry and Skidmore and [23] a follow-up article by Berry and Newhouse. I think I [24] have those in the right order. Perhaps it was the [25] other way around. Page 58 [1] MR. KOLOS: I'd request the person [2] who's not -- pi MR. LIPMAN: Yes, please. We're [4j hearing -- w e 're picking up -- Evan -- [5] MR. KOLOS: Evan -- off the record. [6] (Discussion held off the record.) [7] THE WITNESS: Okay. And th en the [8] last article that I have, I thought I might have [9] som ething else here along with it. But perhaps at some [10] point if we go off the record, I can take a little more [11] time and find it. [12] Q: All right. Either w e'll probably have a [13] break and maybe you can do that and maybe w e 'll get 14] back to it. [is] A: Okay. [16] Q: Is that -- o th er than the last article [17] o r the last docum ents that you have, does that com plete [is] your review topically of the literature that you [19] brought with you? po] A: Well, I have one last article that I was pi] going to mention. And that is I have an article [22] au th o red by Mort Lippmann onasbestos exposure indices. [23] And then I have another excerpt from the Federal [24] Register, w hich is among the missing right at the [25] moment, but I'll give you that cite w hen I locate it. Page 55 - Page 58 (18) M in-U -Script Hamilton-Legato (248) 244-9700 FULLER, v. RAYMARK INDUSTRIES, INC W illiam Krebs, Ph.D. VoL 1, January 28, 1998 Page 59 [1] Q: Thank you, Doctor. What I'd like you to p] do, Dr. Krebs, is hand that literature to Madam Court pj Reporter and have -- Madam Court Reporter, I'd like the M documents that we just discussed marked for 15) identification purposes as a composite exhibit and I [6] think we are at No. 11. pi COURT REPORTER: Yes, we arc at 11. (8) You would like all of the 28 articles, is that what PI you're saying? [io] MR. LIPMAN: I'd like them put in a ini file with a rubber band and on the first article, the 112) tab -- [131 COURT REPORTER: Okay. [14] MR. LIPMAN: -- mark that Exhibit [1S1 11. tie) THE WITNESS: Could I ask this, [17] that we keep them available for the rest of the [is) deposition and then I'll provide them to the Court [191 Reporter at the end?. [20) MR. LIPMAN: Absolutely. pi) THE WITNESS: Because these are out [22] of my file and I would like to be able to go home with [23] them, if at all possible. [24] MR. LIPMAN: Absolutely. [25] COURT REPORTER: Is there a top Page 61 [il various literature that you provided? PI A: Well, with respect to the literature pi that I have reviewed, I have brought with me articles (4) that support, and I think are responsive, to the Notice is) of Deposition taking. Of course, there are many other [6) articles that arc out there as well, as I'm sure you [7) know. But these articles do summarize my general views Pi about the situation at hand. (9) Q: Thank you, sir. Does that complete a (ioi review of all the documents that you brought to the in] deposition? (12) A: I think I've summarized the articles [i3| that I have brought with me, yes. Ii4] Q: And that completes all documents that [i5i you brought with you? (16) A: I do have a copy of several Federal (17) Registers just to jog my memory should you ask [la] questions about things at certain points in time so 1 (19) can give you a quick, precise and accurate answer. [20] Q: All right. Do you have the dates of pi] those -- the dates and identification of those Federal [22] Registers? [23] A: Well, sorry to take so much time, but [24] I'm looking at an article that is in a nonstandard form [25] and I'm trying to be sure I have the right date for i ii Page 60 [1] article that I could mark or you want me to just (2) reserve this number? pj THE WITNESS: Why don't you just [4] hold it and we'll go from there.And I would like to (5) respond to -- pj COURT REPORTER: Okay. I didn't [7] mark it. I'm holding the No. 11 aside for the pi composite articles when he groups them together. [9] MR. LIPMAN: Thank you very much. [io] COURT REPORTER: Okay. So we can in] continue now. [12] (Not marked but reserved.) [13] Q: Dr. Krebs, you were explaining something [14] and I think you were interrupted? (is) A: Well, I guess I was interrupting someone [16] else. [17] MR. KOLOS: The Court Reporter [is] wasn't ready, that's why I stopped him. [19] Q: All right. [20] A: I was trying to respond to your last pi) statement and perhaps yoq could restate what you were [22] saying about the articles so then I can respond. [231 Q'- I think I asked you whether or not that (24) completes all of the articles that are the subject of ps] the subpoena duces tecum request relating to the Page 62 in you. Here we go. November 17. 1986 is what I have. (21 I'm sorry.The document that 1have in my hand has as PI its last entry Volume 51 of the Federal Register for [4] November 17, 1986.1 don't see any other date on this [5] particular document, other than I believe it to be the Pi 1986 Asbestos Standard. [7] I also have the Wednesday, [8] September 14, 1988 Asbestos Standard. 29 CFR Pans 1910 pj and 1926. [io] Q: Dr. Krebs, that's 11/14/1988? [it] A: I'm sorry? [121 Q: I missed the date. I heard static on [13] the telephone. [14] A: Oh, September 14,9/14/1988. [is] Q: Thank you. [16] A: And then I have the Wednesday, August [17] 10, 1994 Asbestos Standard with me as well. [is] Q: We don't need those marked. Docs that [i9| complete everything you brought with you? [20] A: I believe so. [21] Q: Let me move on. Dr. Krebs. Do you [22] recall when you were retained for your consultation in [23] this case? A: I believe it was the same day as -- or ps) same day and date as was mentioned on the cover letter Hamilton-Legato (248) 244-9700 Min-U-Script (19) Pace 59 - Pace 62 William Krebs, Ph.D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC Page 63 til of November 11th of last year. [21 Q: And how were you retained? (3) A: I'm not sure I understand your question. H) Q: Well, who communicated to you an (si interest to retain you for this case? [6) A: I believe that -- my recollection is [7) that Mr. Kolos called me on the telephone and asked [8) whether I would be willing to work with him. (91 Q: All right. I imagine Mr. Kolos (io) generally explained the nature of the case? in] A: I don't recall precisely what all was (12) said. Undoubtedly he gave me a general summary. But I [131 think, as I recall, his bigger question was, would I be (14) available to work for him and then he would send me (is) some materials. (16) Q: Have you consulted with Mr. Kolos since (17) that date? (18) A: If you mean have I had telephone (19) conversations with him, I've had occasional telephone (20) conversations with him, yes, sir. pi) Q: Are you able to quantify the number of (22) conversations that you've had with Mr. Kolos? (231 A: Well, there certainly haven't been very (24) many. Certainly fewer than half a dozen. Perhaps (25) three or four. I really don't know. Page 65 in Kolos, other than the initial conversation that you (2j explained to me? pi A: Well, the sum and substance o f the [4] conversations were more related to the mechanics of [5] this deposition than they were with respect to the (6) content of the information that was sent.There have [7] been -- (8) Q: The matters, did you discuss this (9) deposition yesterday with Mr. Kolos? (io) A: I held -- I had a telephone conversation [HI with him yesterday, yes, that's correct. (12) Q: And what did you discuss with Mr. Kolos (13) in that conversation? [Hi A: I really asked a question of whether he (is) was going to be present during the deposition. (16) Q: That's the sum and total of that entire (17) conversation? (18) A: There was a discussion of whether I had (19) an opportunity to review the Longo materials that had (20) been sent. And I had remarked at that time, as I was (2ii out of the country for part of last week, that I had (22) not yet had a chance to spend much time with them. (23) Q: Were you contacted by Mr. Kolos last (24) week regarding Dr. Longo's testimony? (25) A: No, I was not. Page 64 (ij Q: All right. Have you had any (21 conversations with anybody else relating to this case, (3j other than Mr. Kolos and of course this deposition (4) today? (5) A: I believe that one of his partners was (6) in the office during one of the telephone conversations (7) I held with him. But other than that, no, I've had no (8) other, you know, special or what do I want to say, no (9) other conversations about the substance of this case. (ioi I'm not including in that a call to his secretary to (11) send some information to me. 21 Q: Do you know the identity of Mr. Kolos' (13) partner that was in the room during your conversation [14] with Mr. Kolos? (is) A: I believe it was Tom Burke. (16) Q: In the series of conversations that you [17] had with Mr. Kolos, has he informed you of any (is) developments in this case in terms of what other (i9) witnesses have testified to? 20) A: No, he really hasn't. pi) Q: What has been the nature of those (22) conversations? (23) A: I beg your pardon? I didn't hear you. (24) Q: Yes, sir. What is the nature -- what (25) was the nature of the conversations you've had with Mr. Page 66 (1) Q: Were you contacted by anyone else (2) regarding Mr. Longo's testimony? (3) A: I was called, 1 might say, on a cruise (4) ship last week and asked w hether I would have time to (5) review some materials that had just been acquired. (6) Q: Who called you? (7) A: I believe it was a paralegal o r a legal (8) assistant within Mr. Kolos'office. (9) Q: Did you work with Mr. Kolos -- converse (10) w ith Mr. Kolos this morning prior to the deposition? (11) A: Yes, I did, sir. (12) Q: For w hat period of time? (13) A: Well, it was a brief conversation as Mr. (14) Kolos was stuck in traffic and missed his flight this [is) morning, he was allowing that -- as how he really was [16] coming to Detroit. [17] Q: Did any attorney o r did anybody tell you [i8i w hat not to bring to the deposition so far as any (19) docum ents or materials? (20) A: No, no one gave me any instructions not (21) to bring any, you know, certain -- any materials. I [221 have a com plete file that I've given -- o r the complete [231 file that I have related to you is w hat I have. [24j Q: Dr. Krebs, w hen you were an employee [25] with General Motors, do you recall reviewing any Page 63 - Page 66 (20) M in-U -Script Hamilton-Legato (248) 244-9700 FULLER v. RAYMARK INDUSTRIES, INC. W illiam Krebs, Ph.D. VoL 1, January 28, 1998 Pago 67 Page 69 Ml documents, digests or materials that were provided by [1] any -- are there any additional opinions that you [2j the Industrial Hygiene Foundation? (2) intend to offer at the trial in this case? ; > pi A: I have seen documents from the Mi Industrial Hygiene Foundation, primarily while I was a PI A: I really don't know, Mr. Lipman, what Mi I'm going to be asked, as to what o th er opinions I Pi graduate student at the University of Michigan. [5] might render. [6i There were or there was the (si Q: Have you been asked, as you sit here n isolated instance of information from the Industrial [7) today, w hether or not you -- have you been asked to Pi Hygiene Foundation while I was at General Motors, but Pi render any additional opinions, o ther than the opinions Pi that was really an organization that we had or that I PI delineated in this document? (io) personally and my group had very little contact with. (io) A: With respect -- with respect to (til In fact,I really didn't have any contact with them (til opinions,I've not really discussed what more I would [121 other than maybe seeing the occasional publication of (i21 be -- what more I might say if I w ere asked, as w e have in) theirs. in) not discussed nor have I been asked. 14] Q: Dr. Krebs, the Court Reporter has [14] Q: All right. Let's review this -- the [is] brought a document entitled, "General Motors [15] opinions that are outlined in this docum ent together. [16] Corporation's Expert Witness Disclosure." And Madam [16] I want to ask several questions, and let's begin at the (17) Court Reporter, I'd like you to mark that as exhibit -- |i7) last paragraph at Page 5. [18] MR. KOLOS: That's already marked, ilisi It indicates that Dr. Krebs is [19] David. ![19] expected to offer opinion evidence concerning the (20) MR. L1PMAN: Right. It's already [20] various types of sizes, the various types and sizes of (21) marked as Exhibit 2, is it not? !pil asbestos and their properties. What opinions do you [22l MR. KOLOS: Yes, it is. (221 intend to offer with regard to that m atter5 (231 Q: Dr. Krebs. I'd like you to refer to this (231 A: I really don't k n o w w hat op in ion s I [24) document. Do you have it before you? 1(24] w ould offer as I don't k n o w what questions 1 w o u ld be [2Si A: I do not, but I will have momentarily. j!2S] asked. Page 63 (1) MR. KOLOS: Do you mind if I give Pl him my copy or do you want the official one? PI MR. LIPMAN: You can give him your [4] copy, Mr. Kolos. IS) MR. KOLOS: Thank you, sir. Pi Q: Dr. Krebs, do you have a copy of what's [7] been marked as Exhibit 2? is] A: Yes, I do, sir. P) Q: Would you read at Page 5, and you can [io] read to yourself, the summary of expert witness [Hi testimony that's been indicated for you? [12] A: Yes, I have read the -- [13] Q: Dr. Krebs, did you prepare this summary [14] of your testimony? [is] A: No, I did not, sir. [16] Q: Have you ever seen this before? [17] A: No, I have not. [18] Q: In fact, is this an accurate summary of [19] the opinions that you will advance and express in this [20] case? pi) A: With respect to the opinions, yes, [22] that's a reasonable disclosure of what I expect I might [23] say if I'm asked. [24] Q: All right. Aside from the various [25] opinions that are outlined in this document, is there Pag 70 [1] Q: What opinions do you have with regard to [2] the vanous types and sizes of asbestos and their pi properties? [4] A: With respect to the question that you've pi just asked, which of course is very broad, just in (6| general summary, the type of opinion that I would ha\e [7i about that would be that the pathogenicity of the Pi various asbestos minerals varies and that the sizes of [9] the various asbestos minerals, when present in various [to] concentrations, would give rise to different kinds of [ii] health outcomes. M2] Q: Those would be the two opinions that you [13] would -- [14] A: I said in a very general way, those are [is] the kinds of opinions that I would be talking about. [16] Q: All right. [17] A: Without knowing what the question is. [18] it's hard to tell you what the answer is going to be. [19] Q: I beg your pardon? 120] A: Without knowing what the questions are pi) going to be, it's hard to tell you what my answers are [22] going to be. [23] Q: Well, I think we're entitled to know [24] what your opinions will be before you testify.That's [25] the purpose of the session. And so I need to know what ) Hamilton-Legato (248) 244-9700 Min-U-Script (21) Page 67 - Page 70 W illiam Krebs, Ph.D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC. Page 71 PI opinions you intend to offer.Tell me your opinion pg with regard to the pathogenicity of asbestos materials p? and how they vary. w A: With respect to chrysotile asbestos that O is used in friction materials and in most or -- and in e? gaskets and clutches, when in fact there is any [7] asbestos in those products, it is my belief that (si excessive exposure will not give rise to mesothelioma, [S5 whether it be pleural or peritoneal. [:q Q: Do you have an opinion whether those pi] materials, chrysotile asbestos, when used in friction P3 materials, as you just described, can cause asbestosis? pa A: Excessive exposure to chrysotile p-q asbestos will give rise to asbestosis, that's correct, p=j sir. p Q: Will it give rise to pleural [it] abnormalities or pleural disease? [is; A: With respect to pleural abnormalities r-s; and pleural disease, that is a condition that is more generally attributed to the amphibole asbestos [2-; minerals. 22; Q: And do I understand correctly that then 73; it is vour opinion that chrysotile asbestos, when used in the manner that we're discussing, cannot cause [2s; pleural abnormalities or pleural disease? Page 73 pi MR. KOLOS: I think we should, pi David. pi MR. LIPMAN: Let's do it. [4i MR. KOLOS: Okay. Five minutes. [si Thank you. Pi (Brief Recess.) [7] COURT REPORTER: This is the Court Pi Reporter and we are all ready at this end. pi MR. KOLOS: On the record. David? [io] MR. LIPMAN: Yes. [it] MR. KOLOS: Mr.,I'm sorry, Dr. [12] Krebs has some handwritten notes that are part of his [i3i file -- [14] MR. LIPMAN: Yes. [is] MR. KOLOS: -- that, you know, he [16] was answering your question precisely about documents [17] he brought with him. (is) MR. LIPMAN: Right. [19] MR. KOLOS: So I want to disclose Ipo] that. And if you want to mark them, i[2i] MR. LIPMAN: I do. I[22] MR. KOLOS: Okay. !(23| MS. MORGAN: Evan? ![24] MR.YEGELWEL: Yes. jpsj MS. MORGAN: Mary Morgan, that was Page 72 MR. KOLOS: Object to the form of a; the question. I think it's overly broad. And David, I -3 want you to -- if you're talking about chrysotile in ;x] general or chrysotile in brake products. 1think it's ,-s; important to make that distinction. 3] MR. LIPMAN: Dr. Krebs has made [7] that distinction for me. We're talking about PO chrysotile asbestos when used in friction materials, r brakes, clutches or gaskets. [105 MR. KOLOS: Okay. But then earlier p-j you asked him about chrysotile in general and whether [iz] excessive exposure can cause asbestosis, so 1 think we [is] need to -- P-l] MR. LIPMAN: I didn't make myself pso clear and I'm glad you objected and I'm glad you p s interrupted me. So let's go back. [it; MR. KOLOS: Okay. He's getting a p cup of coffee. Can we take a two-minute break? p=5 MR. LIPMAN: Absolutely. pq; Absolutely. p-j MR. KOLOS: We've been going for [225 two hours. Do you want to take a break now or -- [235 MR. LIPMAN: Do you want to take a [2^; five-minute break? PS THE WITNESS: It sounds good to me. Page 74 [i] sent to your office, pi MR.YEGELWEL: Okay.Thanks. ! pi Q: Dr. Krebs? i [4j A: Yes, sir. [5] Q: Resume? Okay. Dr. Krebs, we were : pi speaking of -- or I had asked you whether or not you i [7] have an opinion as to whether chrysotile asbestos, when i pi used in friction materials, brake assemblies, clutches j pi or gaskets can cause various diseases when mechanics ipo] are exposed to those materials, you had indicated that 'in] they would not cause mesothelioma, is that correct? |(i2l A: Chrysotile asbestos, as used in friction |(is) materials, in my view does not give rise to i[i4] mesothelioma. |[15] Q: All right. Does it give rise to the I[16] disease asbestosis? |[17] A: Excessive exposures to chrysotile [is] asbestos will result in asbestosis, that's correct, >(i9) sir. [20] Q: Well, will it result in pleural pi] abnormalities or pleural diseases? 22] MR. KOLOS: Object to the form of [23] the question, unless the question is defined chrysotile [24] generally or chrysotile as used in friction products, psi MR. LIPMAN: You defined the Page 71 - Page 74 (22) M in-U -Script Hamilton-Legato (248) 244-9700 FULLER v. RAYMARK INDUSTRIES, INC. W illiam Krebs, Ph.D. VoL 1, January 28, 1998 Pago 75 [1] context, Dr. Krebs. I asked you and you indicated pi whether -- I asked you whether or not chrysotile pi asbestos, when used in friction materials such as brake [4] assemblies, clutches or gaskets, can cause these (si diseases. So that's the question and you've indicated (6) that they do not cause -- cannot cause mesothelioma, it pi can cause asbestosis, is that correct? (8] A: That's correct, sir. pi Q: All right. Chrysotile asbestos used in (ioi these friction products, these friction products ini referring to brake assemblies, clutches or gaskets, is (121 that correct? (131 A: I'm sorry, I thought you were making a [i4] statement as opposed to asking a question. (is) Q: No, I'm trying to make sure that what [16] I'm asking and what you're answering are one and the (17] same. (i8i A: Okay. As long as we are -- (19) MR. KOLOS: I was going to object pot to the form. Go ahead. Doctor. pi) THE WITNESS: As long as we are p2] discussing the use of chrysotile in friction materials [23| or gasketing, I think that we can -- I think that's p4| reasonably clear. psi Q: Okay.That's exactly what we're Page 77 [11 operations that we have just discussed, no, I do not PI believe that they would be exposed, pi If they are individuals who have [4] heavy smoking histories, the smoking in itself might (5i give rise to a carcinoma of the lung or perhaps other pi materials. But I do not believe that chrysotile pi asbestos, as present in those products, would be Pi present in a form :o be sufficient to give rise to a 9] carcinoma of the lung. [ioi Q: Are they at risk of contracting other in) cancers in other organs other than in the lung [12] parenchyma? [131 MR. KOLOS: Object to the form, i[ioi THE WITNESS: Well, with respect to [is] chrysotile asbestos, dust and debris, if there is any |(i6] being present in the work place, that is an airborne |[i7i hazard and the primary site of deposition would be I[is] where the first evidence of an adverse outcome would 1[i9l occur. (20) With respect to asbestos giving ;[2i] rise to diseases in other organs, thereby suggesting i(22) that the fiber is translocating from the lung to other i(23| tissues, my own research did not show that that ;p4| occurred. ipsi There are repons in the literature Page 76 j Page 78 [11 discussing. And 1asked you, and 1haven't heard a ; (1) that have said that so m e fibers can -- or can Pl response, as to whether or not chrysotile asbestos in i pi translocate, but my e x p e r ie n c e or m y re co llec tio n is PI those types of friction materials would or could cause ! pi they're primarily m aking reference to am ph ibole [4] pleural abnormalities or pleural disease? : [41 asbestos minerals, not chrysotile. (si A: Well, with respect to pleural i (5) Q: And it's your opinion that chrysotile [6i abnormalities, if one was excessively exposed to j [6) asbestos when -- chrysotile asbestos contained in Pi chrysotile asbestos in the manufacturing setting, there | m friction materials cannot -- not cause other cancers, (8) is a potential for a pleural abnormality if you're j (8) other asbestos-related cancers, is that correct? (9) talking about a pleural plaque. j pi A: I'm not sure I understand your question, [ioi With respect to pleural diseases, ![io] sir. [HI I'm not sure I know precisely what you're talking |[ni Q: Okay. Can the use of chrysotile [121 about. (121 asbestos containing friction materials in brakes, [13] Q: Okay.Are mechanics who work with !(i3| clutches or gaskets cause cancer' (mi chrysotile asbestos, brakes, clutches or gaskets at (14) MR. KOLOS: Object to the form of (is) risk of contracting pleural abnormalities? !(i5i the question, overly broad. [lei A: With respect to the use of chrysotile i|i6) Q: Any cancer in any organs in a human (17) asbestos containing friction materials and gasketing, (i7i being? (is) as typically found within a service center as compared [18] A: If the cancer or. I'm sorry, if [i9i with a manufacturing center, I do not believe that they [19] chrysotile asbestos is present in sufficient quantity (2oi are at risk. [20] and of sufficient size, then there is a potential for pit Q: Are they at risk of contracting lung pi) developing a carcinoma of the lung. p2] cancer? [22] Q: All right. Do you believe that [23] A: With respect to having a lung cancer or, P3] chrysotile asbestos, when used in friction materials, P4] I'm sorry, of contracting a lung cancer solely from p4] brakes, clutches and gaskets, whether that asbestos can psi exposure to asbestos, dust and debris from the psi translocate into the peritoneal cavity? Hamilton-Legato (248) 244-9700 ]Min-U-Script (23) Page 75 - Page 78 W illiam Krebs, Ph.D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC. Page 79 [i| A: With respect -- I believe I answered PI that a question or two before.With respect to my own pi research where I specifically tried to study just that m phenomenon, my experience was that the fiber moved to [si the first lymph node and was stopped there, as opposed [6] to being distributed throughout the rest of the p] organism. is] Q: All right. And does that -- is that PI finding -- does that comport with your review of the [ioi literature with regard to that matter? in) A: The literature, as I recall, has a mixed [iz] review on that subject. Some saying that what I have in) found was in fact the case, others saying that they [14] thought that there was some translocation. PS] Nonetheless, if in fact this is an [i6] inhaled material, the first site of action would be ;i7] within pulmonary tissue before you'd expect to see it [is] in other tissues.That's where the concentration would ;"9] be the greatest. po] Q: I'm not sure where that leaves us. pi] Aside from your search that you've done, do I pz] understand that you are aware of literature which 73] indicates that chrvsotilc asbestos, the type used in 74] friction materials, can translocate in the peritoneal 75] cavity? Page 81 [1] ratio and longer than five -- I'm sorry, a length-toPl breath ratio equal to or greater than three, and longer [3] than five micrometers in length, are counted and (4i reported to be asbestos, even though particles may be [5] present that are not asbestos. [6] So if in fact the dust that have Pi been evaluated around brake mechanics or clutch [8] mechanics or people doing gasket work have levels that PI are very low, if there was any tremolite present, that [io] is being counted, too. j[11] And the standards that we all [12] employ rely on those total levels and the methods are [13] not discriminatory to count only chrysotile and ignore [14] another asbestos mineral that may be present. [is] Everything is counted having a length-to-breath ratio [i6] equal to or greater than three and greater than five ][17] micrometers in length. ;[is] Q: Are you aware of whether or not in the j[19] finished product in brake, clutch and gasket materials, ;[20] chrysotile asbestos contains tremolite contaminants? '[2t] A: My experience and information that I ![22\ have gathered over the years has shown that in the i[23] finished product, there is very little, if any, i[24] tremolite.And that is based on the separation process <[25] that is used to grade asbestos or to grade chrysotile Page 80 Page 82 [i] MR. KOLOS: Objection, asked and : pi asbestos in the mills. 71 answered. ; [2] Q: And can you quantify the very little Pl THE WITNESS: With respect to \ pi tremolite that has been found? [4] chrysotile asbestos, which is used in a wide variety of i [4] A: I don't understand your question, Mr. [5] products, not only friction material, I am aware of -- [5] Lipman. 6] although I cannot give you a specific article, at least i [6] Q: You indicated that in the finished 7 ] 1 can't give you a specific article today that would : [7] product there is very little or no tremolite that has a] sav that chrysotile does on some occasion, according to | [8] been found, is that correct, in the finished product? P] some researchers, translocate from the lung to other | [9] A: That is true. My experience has been, I ;io] tissue. i[io] have never seen a result, nor in the stuff that I have rii] Q: All right. iin] done anecdotally when I was with General Motors, I have [12] A: My own experience was the contrary of j (12) never seen a fiber that was attributed or that was 13) that. |[13] identified as tremolite. And others who have looked, I ;i4] Q: Do you believe that chrysotile that's i[i4| am told, have been told -- or have found the same Iis] contaminated with tremolite can cause mesothelioma in l[15] thing: namely, that they have not seen any tremolite. [16] human beings? i[i6] Q: Okay. Are you aware of any tremolite [17] A: In the exposure levels typically I[i7] contamination in finished friction products? [is] encountered within the setting where brakes, clutches [18] A: I am unaware in finished products of [19] and gaskets are being serviced, I do not believe that i(i9] tremolite being present.As I said, I have looked at po] tremolite would be a causative agent. I(20) brake -- or I have evaluated brake drum, I'm sorry, 7 1] Q: Why is that? \7'l brake drum dust and have never had tremolite identified 72] A: The concentration -- the standards that ;72] as being present. 73] we employ to evaluate the potential of adverse outcome (23) Q: Do you know of any literature which 74] or excessive exposures is, as you know, an indirect [24] would suggest that tremolite is a contaminant in 75] method.That is, all fibers having a length-to-breath 75] finished friction products? Page 79 - Page 82 (24) Min-U-Script Hamilton-Legato (248) 244-9700 FULLER v. RAYMARK INDUSTRIES, INC. W illiam K rebs, PhJD. VoL 1, January 28, 1998 Pago 83 Page 85 pi A: I do not know of any literature that [11 dust would be -- would still show the same composition . ^ (21 attributes tremolite being present in finished friction pi materials. 1) Q; All right.You indicated that the is] second phase of your opinion would address the size of Pl of 50 percent by weight. Pl Q: You expect the same amount of dust to be HI emitted from those activities with regard to various (si manufactured products from manufacturer to [6] asbestos materials when present in various products? (6) manufacturer? pi A: I'm sorry, I missed the first pan of is] your question, sir. (91 Q: You'd indicated that you were -- that (7i MR, KOLOS: Object to the form of (8i the question. Go ahead. [9] THE WITNESS: That's a question (ioj you also had an opinion with regard to the size of |io) that's much better put to a brake mechanic. My ini asbestos materials when present in various products, (hi experience has been that the materials that are (121 that that had some significance to you? (121 employed in the manufacture of friction materials would ini A: Yes, that is correct. [u] Q: And could you explain or tell us what (is) your opinion is with regard to that matter? (i31 give rise to the same general amounts of dust. (14) I've never had that question asked its] of me before, but the -- my response is that it would - (is] A: With respect to the size of all of the |(i6i - those operations would, generally speaking, produce (i7) asbestos fibers, the size parameters are imponant with (17] the same levels of dust, irrespective of manufacturer. (i8i respect to determining whether there will be potential |[18] The finished product has to comply (i9i disease outcome. Namely, fibers less than five i(i9) with the same Federal Standard, so I would presume that poj micrometers in length have generally been classified as (2o] the -- that the amount of dust that would be released (2ij non disease producing. ,pi] by those operations that you're talking about would [221 With respect to fibers in excess of :p2i have the same composition, (23i five to eight micrometers, depending upon the length psi Q: Does that finish -- have you completed pi) and the diameter, would determine what the most likely !(24] all the opinions that you intend to offer with regard ps) outcome would be.And this is reviewed in the Lippmann ps] to the second matter in your expert disclosure that Page 84 Pace 86 (Marticle on asbestos exposure indices, as well as even i pi we re discussing, the composition of various friction Pl the government has made reference to the Stanton Pl products? Pi hypothesis and has supported it in one of the preambles : (3i A: Well, with respect to -- again, we need HI to the Asbestos Standard. [si Q: All right. I'm referring back to W to say that without knowing what questions I'm going to : (si be asked, the answer that I've given you is one that (si Exhibit No. 2, the expert disclosure document that ! (6] comes to my mind Pl we've been discussing? (si A: Yes, sir. Pi Q: I don't know what questions you're going i (si to be asked either, but I certainly want to know what (91 Q: The second opinion is. reading I Pl you intend to testify to at this trial that begins next (10] sequentially, the bottom of Paragraph 5 indicates that 'po| week. [hi you are expected to offer opinions concerning the i(ii| A: Well.as I said, with respect to not [121 composition of various friction products.Tell me what [i3] opinions you intend to offer. (hi A: The only opinion that I would have about !M?) knowing what I'm going to be asked, the answer that I ||13) have given you is the answer that I would generally [mi think of giving when given a topic of composition, such [is] to the composition of various friction products would (is] as you've done to me. [16] be the general disclosure that friction materials i(i6| Q: Sir. the third opinion you are expected (17] contain, generally speaking, 50 percent chrysotile I(i7) to offer evidence concerns the effects of wear on (i8i asbestos on a weight basis. :(18] friction products, i.e the creation of forstcrite, the (191 Q: Would you expect that the same amount of |191 presence of those products in the workplace environment (20) dust be released from the grinding, rasping, filing or [20| of workers. Could you explain what opinions you intend pi] beveling of new brake lining from manufacturer to pi] to offer? [221 manufacturer? i(221 A: I'm just reading the statement, Mr. (23i A: If in fact a new brake lining were [24j processed by filing, rasping or beveling, which would P3) Lipman, because your voice broke as you were reading Ip4) it. psi be an unapproved procedure, then the content of that psi Q: I'm sorry. 1 ~ Hamilton-Legato (248) 244-9700 Min-U-Script (25) Pace 85 - Pace 86 W illiam Krebs, Ph.D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC. Page 87 (1) A: It's certainly not your fault. It's the pi phone company. pi Well, with respect to that portion, [4] my opinion would be that the effect of or that the use is] of friction products, whether it be clutches or with [6] brakes or in brake linings, would result in heat being m generated which thermally decomposes the chrysotile is) asbestos that is present in the product, thereby PI converting it to a non asbestos material. Some call [io] that material forstcrite. ini And then continuing on with the [izi statement, I'm not sure -- you've already established I [i3] didn't write this and I'm not really sure I know what [141 the last pan of this means. [is] Q: All right. (i6i A: With respect to the presence of the [17] products in the workplace environment of workers, if [is] this means the presence of brake drum dust and debris [i9] and clutch dust and debris in the workplace po] environment, then the composition of that dust would I2i] have, if any chrysotile asbestos content, the fibers pa] would be submicroscopic and in very small -- I'm sorry, [23] very low concentrations and thereby would not give rise p4j to any adverse effect as a result of exposure to that PS] chrysotile. Page 89 [1] A: With respect to permissible exposure pi limits and threshold limit values, it really would pi determine on what the nature of the question was with [4j respect to how I might answer that. [5] Q: The next item, warning labels. What [6] opinions do you expect to offer with regard to warning pi labels? pi A: With respect to opinions regarding pi warning labels, I don't know that I have opinions [io] regarding that topic. If in fact I were to be asked ini about warning labels, then I would respond to those [12] questions. [13] But I'm not sure, when we talk [u] about opinions about warning labels, exactly what might [is] be said. I mean, the whole subject of warning and [16] labels is a very large subject and it covers a wide [17] variety of topics and situations. And it would really I[is] depend on what I was asked as to how I might respond to [19] that. [20] Q: All right. Can you hold one second? PH A: Certainly. P2] Q: The next opinion indicates the [23] characteristics and epidemiology associated with P4] asbestos-related diseases and other relevant medical |P5] and scientific literature on these subjects.Tell me Page 88 [i] Q: Does that complete your -- all the pi opinions that you have with regard to that issue? pi A: As I look at this statement today, and [4] again, not knowing what questions I'm going to be Pi asked, that is the general son of thing that I think pi that I would respond. [7] Q: Thank you, sir. Next reference Pi indicates that you will offer opinions with regard to Pi the applicable Federal and State laws and standards [10] governing exposure to asbestos. Can you tell me a [11] little bit about those opinions that you intend to [12] offer at trial? [13] A: I don't know that I'll offer any opinion [14] about applicable Federal and State laws or standards, [is] other than to cite what the various Federal and/or [16] State laws, if any. [17] Like I say, I don't recall whether [is] Florida has a law for asbestos, as to what they might [19] be. But I have no opinion about those standards, at po] least not as I look at the question -- as I look at the pi) statement, I don't have any opinions about it. [22] Q: Would the same hold true to the next [23] opinion that is listed that you're expected to offer, [24] that is, permissible exposure limits and threshold [25] limit values? Page 90 [1] what opinions you intend to offer at trial with regard [2] to these issues. p] A: Well, again, w ith the same caveat that I [4j d o n 't know that I'll be asked anything about this, with pi respect to epidem iology associated with i pi asbestos-related diseases as they apply to employees | [7] working with friction products and gasketing materials, pi my opinion would be that these do not result in [9] exposures that w ould give rise to mesothelioma, w h eth er [io] it be pleural or peritoneal, in] Q: And is the basis o f that opinion based [12] on the opinions th at you've already indicated, that is, [13] that you do not believe that chrysotile induces [14] mesothelioma in hum an beings? [is] A: That is my belief. But the epidemiology [16] also is -- appears in th e literature.The articles [17] speak for them selves. And they, the articles [18] themselves say th e same thing. [19] Q: Are you aw are o f any literature, any [20] articles in the literature w hich provide conclusions to [21] the contrary? [22] A: I'm aware o f several articles that [23] provide conclusions to the contrary, and one o f those I [24] know clearly to b e w rong.The other, I'm not -- I [25] d o n 't know enough about. Page 87 - Page 90 (26) M in-U -Script Hamilton-Legato (248) 244-9700 FULLER v. RAYMARK INDUSTRIES, INC. W illiam Krebs, Ph.D. VoL 1, January 28, 1998 Page 91 PI Q: Tell me which article that you believe pi is wrong? pi A: Well, there's one article that is often [41 referred to that was authored by, I believe, Langer and [si McCulhey.And the description was that that particular [6i case study that they were reporting on was a Pi mesothelioma from a brake mechanic. 181 Indeed, that particular patient had Pi as its name, Clyde Hughes, who was a plaintiff in a lio) lawsuit which I was a pan of a number of years ago. [ui And he not only was not a brake mechanic, he was [121 working with talc contaminated with asbestos, as I (i3i subsequently learned. [14) Q: The second anicle that you're aware of [is] which provides -- [16] A: Well, I believe I read that to you [17] earlier.That is an anicle by Huncharek. And 1 lie) really have not relied on that anicle. 1don't know [19] enough about it to be able to comment about it at this [20] time. pi] Q: Are you aware of any case repons where [221 brake mechanics --where vehicle mechanics,automobile [23] or truck mechanics have contracted mesothelioma from [24| friction products? PS] A: Well, I believe the one case repon that Page 93 [1] you expect to offer at trial states medical and [2] scientific literature penaining to asbestos dust Pi levels in various occupations. [4] A: Well, th a t's a fairly broad -- [si Q: It is. Do you intend to offer opinions [6] contrasting asbestos dust levels o f m echanics in m contrast to other tradesmen? [a] A: I d o n 't know w hat kind of question I'd [9] be asked on that subject. I would plan today to talk [io] about the levels that are re p o n ed in the literature in] that we have discussed already today and to contr.:st [12] them with th e permissible exposure limits that are in [13] force today, as well as in prior times. j[14] If som eone w ere to ask how these j[15] levels w ere to com pare w ith chrysotile o r o th er [16] asbestos mineral dust levels in o th er occupations, then [17] I would do my best to give an answ er to that, too, (is) depending on, you know, w hatever I was asked. [19] Q: All right. I think w e've covered -- you [20] have covered the remaining areas in this summary. And [21] if you haven't, tell me. I'd like to talk to you about [22] them. [23] A: Well, in the next paragraph, this again (24| goes back to the epidem iologic -- goes back to the [25] phrase, the characteristics and epidemiology associated Page 92 [1] I wastalkingabout was the Langer-McCulhey study which [2] we just discussed. Pi Q: Are you aware of any other case reports? [4] A: With respect to case repons that [5] precisely and accurately identify exposures only to [6] friction materials in the servicing technique, I am [7] unaware of any today. I don't recall any today, pi although, you know, there may be some out there. I [9] just don't recall today what they might be. [io] Q: The next entry indicates that you intend [it] to offer or expect to offer opinions regarding the [12] health studies of mechanics working with friction [13] products. [14] A: I believe that really would refer back [is] to the topic that we just discussed, Mr. Lipman. [16] Q: I understand. It overlaps? [17] A: It looks like it does to me, but maybe [is] the author of this had something else in mind that I'm [19] not aware of. [201 Q: Do you know who the author was of this pi] document? [22] A: No. As I said, I've not seen it before. [23] Other than to say that I wasn't the author, I don't [24] know who did author it. [2s] Q: The next opinion that it indicates that Page 94 [i] with asbestos-related diseases. [21 In particular, the Berry and [3] Newhouse studies address mesothelioma in a chrysotile [4] using friction material plant, where at one occasion [5] crocidolite was used. I would talk about that. [6] Q: That's all the opinions that you expect j rn to offer that either are contained in the summary or [8] otherwise? Pi A: Well, again, given that I don't know [io] what the questions are going to be, as I think about it in] today, those are the kinds of things that I would (121 generally incorporate in my answers, albeit the [13] questioning may cause me to say some other things, if I [14] should, you know, and I could tell you what they were [i5i if I knew what the questions were going to be. [16] Q: End of problem, right? [17] A: I'm sorry. Your voice was breaking. [18] I'm not sure that -- [19] Q: I'm just listening and thinking, j[20] A: Okay. [21] Q: As I understand it, you do not intend to [22] offer an opinion as to Mr. Fuller's diagnosis? [23] A: No. I am not a physician and I'm not [24] trained to specifically address any diagnostic [25] information. Hamilton-Legato (248) 244-9700 Mln-U-Script (27) Page 91 - Page 94 William Krebs, Ph.D. VoL 1, January 2 8 ,1 9 9 8 FULLER v. RAYMARK INDUSTRIES, ING. Page 95 [1] Q: Dr. Krebs, are you aware of the -- or do Pl you have an opinion -- strike that. PI Do you have an opinion as to the (*) recognized causes of peritoneal mesothelioma in human is) beings? (6) A: I'm not sure I understand your question, pi Mr. Lipman. pi Q: Do you have an opinion as to what causes PI peritoneal mesothelioma in human beings? What the (ioi causes of peritoneal mesothelioma is in human beings? in) A: Well, with respect to the general pa] recognized causes of mesothelioma, that being amphibole [i3j minerals or nonbiodegradable panicles having the same [u| sizes as the amphibole asbestos minerals, one might [is) conclude that a peritoneal mesothelioma might arise in [16) a human if an employee were working in a heavily [i7i contaminated atmosphere. (i8i And one would normally expect that (i9) with an inhaled contaminant, that the first site of [20| action would be at the first point of contact within 121) the worker; namely, the respiratory tree. [22] Now if the person is working with [23] an amphibole material, I understand there have been pi) repons where amphibole minerals may appear in other (25) pans of the human organism without having expressed Page 97 (1) directly and causally associated with exposure to pi airborne concentrations of asbestos, without effects Pi elsewhere, that's an extraordinarily rare situation, if [4j indeed it even is a direct cause and effect [s] relationship. Pi Q: Are you -- is it your opinion that [7] peritoneal mesotheliomas are not caused in any pi circumstances by the inhalation of amphibole asbestos PI fibers? [10) A: With respect to inhalation of amphibole [11] asbestos minerals and the causation of a peritoneal [121 mesothelioma, I do not know of peritoneal mesotheliomas (13) arising solely from exposure to airborne [14) concentrations, without having an effect in other (is) materials. I'm aware that there are some people who (16) say that that's possible. I have not seen that myself. [17] Q: I'm not sure I understand. I can't [is] distinguish from your opinion and what you've seen. [19] Are you telling me that it is your opinion that [20] peritoneal mesotheliomas are not induced or caused by [211 the inhalation of amphibole asbestos fibers? I[22] A: With respect to the -- well, first off. ![23) Since we're talking about chrysotile asbestos as used (24] in friction materials, I do not believe that there is j[25] any increased incidence of peritoneal mesothelioma with Page 96 [i] their effect within the respiratory tree. pi Q: What other materials, other than [3] amphibole asbestos, can induce peritoneal mesothelioma? W A: Well, 1believe that a number of [5) mesotheliomas are idiopathic, that is, of unknown [6] origin or unknown causation. And as you know, there [7) are reports of other materials possibly giving rise to [8] mesothelioma, whether it be the monkey virus pi contamination of polio vaccine or what -- I mean, there [io] are a number of things that are being talked about. [ii| Q; Do you have an opinion as to what [12] percentage of all mesotheliomas are idiopathic? [13] A: My general feeling from reading [14] literature about mesothelioma registers is, in general [is] terms, that one third of the mesotheliomas can be 16) directly attributed to employee exposures to amphibole [17] asbestos. Another third are possible exposures to [18] asbestos. And the third are unknown. [19] Q; And in terms of those -- in terms of [20] those opinions that you just rendered, do you [21] distinguish between pleural and peritoneal [221 mesotheliomas? [23] A: Mesothelioma in itself has a very rare [24] or appears very rarely. Peritoneal mesotheliomas are [2Si extraordinarily rare in themselves. And as to be Page 98 [1] exposure to chrysotile asbestos as used in clutches, [2] brakes and gasketing. j pi Q: But you've indicated that and I ! [4] specifically asked you your opinion with regard to the | [5] inhalation of amphibole asbestos fibers and the [6] incidence o f -- incident of peritoneal mesothelioma? [7] A: With respect to amphibole materials and [8] peritoneal mesotheliomas, this is a circumstance that [9] would not arise in brake mechanics insofar as amphibole [to] minerals are not present. [11] But assuming that they were [12] present, then the development of peritoneal [i3i mesothelioma could arise, particularly with exposure to [H] amosite. [is] Q: Dr. Krebs, do you believe that there's a [16] level of exposure to asbestos, amphibole asbestos below 1(17) which an individual is not at risk of developing a [is] mesothelioma? [19] A; Yes, I do, sir. [20] Q: And what is your opinion with that pi] regard, on that regard? [22] A: With respect to mesothelioma or other [23] asbestos-related diseases arising from exposure to [24] asbestos, I believe that there is a threshold effect. [25] And that the levels that we are presently using within Page 95 - Page 98 (28) Min-U-Script Hamilton-Legato (248) 244-9700 FUULER v. RAYMARK INDUSTRIES, INC. W illiam Krebs, Ph.D. VoL 1, January 28, 1998 Pago 99 Ml the United States are more than protective with respect PI to providing atmospheres in which employees can work PI safely. Ki Q: Can you quantify that threshold? [si A: With respect to -- with respect to Pi chrysotile asbestos, it's my opinion that levels on the Pi order of two to five fibers per cubic centimeter of air pi are more than protective. Pi With respect to the amphibole [io] minerals, I believe that the present levels of one [ni tenth of a fiber per cubic centimeter of air is [12] protective for crocidolite and probably something a [131 little higher than a tenth of a fiber for amosite. [i4] But I should add, as a matter of [is] public health practice, it is an approach within my [16) field that says employee exposures to all materials [i7j should be kept to the lowest level practicable. [is] However, that is not necessary -- the lowest level [191 practicable does not necessarily mean that diseases poi occur at those low levels, if I'm clear on that. [2i! Q: You are. [221 MR. LIPMAN: Evan, I think we need [23) to take a break now. Evan, are you with me? P4i MR. YEGELWEL: Yes, I'm still PS] aw ake. Page 101 [11 A: One of the earlier ones, pi Q: Right. pi A: I've lost my list here.This is [4i probably responsive or most responsive to Schedule A . [5] Bullet 4. is) Q: All right. I see that. I think you're Pi correct.Want to just include that as Exhibit No. 13? pi A: That would be fine, pi Q: We'll have it so marked. [io) A: And if it meets with all of your [ni approval, I would be happy to respond to any spelling (171 problems that the shorthand writer might have or (ni whatever else that might come up, if it's okay with all [141 the parties. (15) MR. KOLOS: Sure. [16] MR. LIPMAN: It is. [171 MR. KOLOS: You'd like to read the |[is] deposition? (191 THE WITNESS: Yes, I'd like to read ![2oi the deposition. pi) MR. KOLOS: The witness reserves l??l the right to read. (?3l MR. LIPMAN: The deposition is (?4) over. Madam Court Reporter, can you call me in the |(25] morning regarding transcribing the deposition? III in MR. LIPMAN: All right. What's the PI number I can call you at? Page 100 j (.] COURT REPORTER: Yes, I can. ! (?] MR. LIPMAN: Do you have my phone [31 number? pi MR. YEGELWEL: I'll give you a [4) holler. [si MR. LIPMAN Okay. Call me. Dr. (6) Krebs. I'll be about five minutes. [4] (Discussion held off the record.) i [51 MR. LIPMAN: Dr. Krebs, thank you [6] for your time. (7i THE WITNESS: My pleasure, sir. Pi THE WITNESS: Take your time. (8) (Brief Recess.) [91 COURT REPORTER: I will mark the (io) notes as Exhibit 12. Okay, (8) (Marked for identification. [9i Deposition Exhibit Nos. 11 and 13.) (loi (Deposition concluded at S.20 p.m.) ("1 in] (Marked for identification: [12] [i2] Deposition Exhibit No. 12.) I'3| [i3i COURT REPORTER: Okay. We're back [14] [14] on the record, for formalities. WILLIAM H. KREBS, PH.D. (is) MR. LIPMAN: We're back on the ('51 [is] record and you have a set of handwritten notes to be [161 [i7] marked for identification purposes as Exhibit 12? [is] COURT REPORTER: Yes. ['71 DATE [19] MR. LIPMAN: And finally, there was [18] [20] one document that Dr. Krebs had a problem locating (191 [21] which I understand he has located? (2 0 ) [22] THE WITNESS: I have now found it. [2 1 ] [231 That's correct, sir. P21 [24] Q: And is that in response to which [23] ps] request? [24] [25] Page 1C2 Hamilton-Legato (248) 244-9700 Min-U-Script (29) Page 99 - Page 102 W illiam Krebs, Ph.D. VoL 1, January 28, 1998 p j Slate ot Michigan ) ;z] County ot Oakland ) 3] Certrticate ot Notary Public ;.] I do hereby certify that the witness, whose s ] attached testimony was taken in the above-entitled ]5] matter, was first duly sworn to tell the truth; the 7 ] testimony contained herein was reduced to writing in 3] the presence ot the witness by means ot stenography; 3 atterwards transcribed; and is a true and complete -.0} transcrpt ot the testimony given by the witness, h i] I further certify that I am not connected by -2] blood or marriage with any ot the parlies; their ; i3] attorneys or agents; and that I am not interested. - a] directly or indirectly, in the matter ot controversy. ;-S] In witness whereof. I have hereunto set my ;-5] hand this day at Troy. Michigan. County ot Oakland, ;-7] State ot Michigan DJ ]*?] rr7) Angela R Mitchell. CSR-21S1 T3] Cerutied Shorthand Reporter 2 -:] Notary Public, Oakland County. Michigan My Commission Empires- October 21. 1999 :] 2] WITNESS CERTIFICATION 3] I hereby certify that I have read the ;-i] foregoing transcript ot my deposition consisting of 5] pages 1 through 100. inclusive. Sub|ect to the changes ;s] set torth on the preceding pages, the loregoing is a 7 ] true and correct transcript ot my deposition taken on 3] Wednesday. January 28. 1998 ?! :-=] (signed)______________________ ;n] WILLIAM H KREBS. PH D. :'Z) SUBSCRIBED AND SWORN TO 13] before me this____day o t____________________ :ia] A.D. 1998. Ji5J Ii6] Notary Public 171 18] 19] 20] 121) 22] 123] ]24] 25] Pago 103 I i I Page 104 i \ !i ; FULLER v. RAYMARK INDUSTRIES, ING. Page 103 - Page 104 (30) Min-U-Script Hamilton-Legato (248) 244-9700 FULLER v. RAYMARK INDUSTRIES, INC. W illiam Krebs, Ph.D. VoL 1, January 28, 1998 1 I 7:6; 8:10; 16:14; 42:13 10 11:25:43:13. 17:62:17 1014 18:14 II 12:9; 18:12;59:6,7. 15; 60:7; 102:9 11/14/1988 62:10 110 24:6 11:1533:21 11:30 33 21 11th 17:25; 19:13.17; 3116; 63:1 12 11.20; 24:6,100:10, 12, 17 128 24:6 13 52:5; 101:7; 102:9 14 62:8, 14 16 21:15:22:4 17 11:20; 40.1,12. 18, 19; 41.22:62:1,4 19 46 4 1910 62:8 1926 62:9 1959 31:19.32:6 1971 35:12:36:10:38:4, 13,24 1975 45.17 1976 24.19 1980 12:13: 3 1 20. 32:6; 55 4 1983 57 24 1984 52:2, 5;53 l 7 1986 46 4:56 12:62:1,4, 6 1988 62:8 1989 25 2 1993 40.1,9:42:8, 13,22; 43.7,9 1994 56.18:62:17 1997 9:10; 11:19.19. 20, 20, 20, 24,24,25; 12:4,4, 5,5,9; 14:23; 17:25; 18:12; 19:13, 17. 31 16 1998 7:2; 2115 1st 14.23 2 27.6; 13:3; 67:21:68 7; 84:6 20 11:19; 44:4 215 57:23 23rd 11:19 25 44:4 287:2; 44:5; 54:25. 57:1; 59:8 29 62.8 2:15 7:3 3 ability 8:18 able 8:13; 19:23:37:22; 42 11,44:9; 50:4, 22; 3 9.15,17,19; 24:19 30 11:23:44:6;52:2: 53:17 30.00 21:11 38 56:18 59 22:63 21; 91:19 abnorm alities 71:17,18, 25; 74:21; 76 4,6, 15 abnormality 768 above-captioned 18 19 | Absolutely 59:20, 24; 4 ! 72-19.20 j according 80 8 4 11:12; 13:11, 15.23; 56:18:57:24; 101:5 43 24:19 46 25:2 48 24-12; 57:23 | 48230 18:15 i 499 24:12 | accurate 38 9,61 19; ! 68 18 i! accurately 92 5 1 acquired 66 5 j action 79 16. 95 20 I actions 43 3 ; activities 85 4 i add 35 3.99 14 added 13 1 5 addition 12 19,15 22 additional 13 5, 20 14; 5 I 1:9, 13. 15.21. 16 1, I 21:21; 24:1 1. 12; 68 9: ' 69: l "1; 84:10 ! 50 8-1:17:85 2 23 25,36 8,39 1.8,43:20, 15 23. 24, 51 1 1.69-1.8 ad d ress 44 10. 51 17, 55 16.83 5.94 3.24 : 504 2-112 ; 51 62:3 I 51111 57 21 ; 59 12 12 | 5:20 10210 6 : A ddressed 18 13, 17.10; 49 6 a d d re sse s 54 2. 18 ' adm inistered 56 7, 10 advance 30 ", 68 19 adverse 77-18. 80 23, 87 24 ; advised IS 25. 38 19 6 11 21: 16.1.7.9; 17.13. 13. 15, 16 60s 51:6 69 25 2 ; afternoon 7 11.10 16 ' again 8 23. 2" 8. 34 6, 35 5. 10 8, 11 20, 46 4,20. 56 8. 57.4.86 3.88 4, 90 3.93.23.91 9 7 7 12:1; 16-1-1. 19,23; 17:13, 17, 22 70s 51:7 71 252 against 53 11 ; agent 80 20 ago 23 21.27 16; 35:22; 9110 i agree 37 5.38 5 I agreeable 26.3 agreeing 18 18 j ahead 49 3. 75 20; 85 8 8 8 17 24. 18:4.6,8:31:15 8th 11:20,24 ! air 36 22. 45 18, 20; 46:6, ! 47 21.48 2.2,3.51 17; 53 14. 15. 22:99 7, 11 , airborne 45.10, 52:7, : 77.16.97 2,13 j al 10:7; 18 16, 24.3, 18; __ ____ 9 : 56 11 I albeit 51 10:94 12 j Allen 7.16,10 5,17; 9 11:24; 22:3; 34:3, 5; 35:1 l 12 12. 18 15 9/14/1988 62:14 j Allied 19 3 A I allowing 66 15 along 7:15; 58 9 a-n 11:15 although 37 2; 80:6; 92.8 always 32 24 abide 25:22 ambiguous 84 Amended 10:7,8; 13:8, 9, 18, 18; 18-21,21 American 24 10 AMMCO 52 15. 17 am ong 19 5, 56.14; 58.24 am osite 56 6,9; 98 14; 99.13 am ount 84:19:85 3, 20 am ounts 85 13 amphibole71 20; 78:3; 95 12,14. 23. 24:96.3,16, 97.8. 10. 21; 98 5.7.9,16, 99 9 analyzes 53 18 and/or 88 15 j anecdotally 82 11 | Ann 106, 11 3. 15; 18 15 ; Annals 56.17 | answ ered "9 1; 80.2 | anticipated 44 1 j apparently 20 17, 26.25 | appear 95 24 1 appeared 24 10. 18. | 39 20. 55 22, 56 17 i appearing 24 5 ! appears 10.10, 22 12. ! I"; 90 16,96 24 i applicable 88 9,14 i application 49 24; 52.10. : 12 ! applications 50 8, 20 j apply 90 6 i appreciate 25 21; 50 12 j approach 99 15 i approval 101.11 i approximate 51 22 I Approximately 39 21 : 43 6 1 April 11 23 arced 53 10, 11 area 37.3.44 17 areas 53:15,93 20 arise 95.15,98 9, 13 arising 97.13; 98 23 around 56 25,81 7 Art 24 3 Arthur 24 3, 17 article 24:2, 4,7, 12, 16, 20.22:44:9:55 22; 56:13, 23,58 8, 16. 20. 21:59 11; 60-1.61 24, 80.6, 7; 84 1; 91 1.3, 14, 17, 18 articles 22:15, 24:1; 43.23, 25,44-2, 10, 15,25; 45.1,22; 46:8, 54:25; 55:1, 2; 56 I. 2; 57.2, 8,9; 59:8; 60 8,22.24:61:3.6,7, 12; 90 16. 17. 20, 22 articulate 37 8 A sbestos 24:4, 13, 20; 35 II, 18,38 3,24;40 10; 42 24,44 15. 17;45:11; 52:7; 55:23; 56:3.6,9,21; 57:10, 14,58:22,62:6,8, 17; 69:21;70:2.8,9:71 2. 4.7, 11, 14,20. 23; 72:8; 74.7, 12, 18; 75.3,9; 76.2. 7, 14, 17, 25; 77:7, 15, 20, 78:4,6,6, 12, 19, 23.24, 70 23.80 4,81.4.5. 14. 20, 25; 82:1.83-6, 11. 17, 84:1,4. 18, 87,8,9.21. 88.10, 18.91:12:93 2.6. 16. 95 14,96 3. 17. 18. 97 2,8, 11,21,23.98 1.5. 16, 16, 24.99 6 asb esto s-related 11 14. 15, 24, 25; 42:6. 14; 78 8. 89 24;90:6, 94 1; 98 23 asb e sto sis "1:12, 11. 72-12; 74-16, 18.75 " ascertain 37 7. 38 22 Aside 41-22. 53 25,60 ", 68 24; 79 21 assem blies 4" 11;74 8. P 5 UI I assem bly 22 22. 52 20. ' 54 10 ; assistan t 66 8 i asso ciated 89 23,90 5. j 93 25,97 1 ! A ssociates 10.24 Association 24 11 | assu m e 7.25, 16 14: i 41 18:43-5,47 6 j assum ing 55 6,98 11 I atm osphere 95 17 | atm osp h eres 99 2 attached 8 13 attorney 66 1~ i attorneys 39 1" I attributed 71 20:82 12. i 96 16 , attributes 83 2 i August 11 20. 20; 14.22. ! 6216 ! author 44 8,92 18, 20. 23. 24 authored 24.23. 31 6. I 46 17, 56 11, 14,21; 58 22; 91 4 authorized 22 8, 9 autom obile 56 3,91 22 I Automobilia 21-24 Automotive 24:14, 55 21 available 32 11. 20. 55 15; 59 17,6.3 14 awake 99 25 aware 314; 46 16, 48 24, 49:5,9, 14, 18. 50:19; 51 1;79 22,80 5,8118: 82 16:90:19,22,91 14. 21.92.3, 19; 95 1:97:15 away 28.18 B B-r-a-k-e-s 23 19 back 12:20; 26:2; 28 23; Hamilton-Legato (248) 244-9700 M in-U -Scriot rit 1 k W illiam Krebs, Ph.D. VoL 1, January 28, 1998 31:14; 39:16; 54:24; 58:14;72:16; 84:5:92:14; 93:24,24; 100:13, 15 background 11:4; 57:25 band 59:11 based 30:15; 36:2;81:24; 90:11 basis 84:18; 90:11 becom e 15:23; 16:1 beg 64:23; 70:19 begin 69:16 beginning 29:11; 31:19; 34:22:37:11 begins 17:7; 86.9 begun 34:17,19 behalf 19:1;40:13,15; 41:14, 17; 42:23:43:1 beings 80:16; 90:14: 95:5,9, 10 belief 71:7; 90:15 below 98:16 Bendix 22:2. 12, 17; 23:5, 6,8,10,12, 14, 16, 18,19; 27:2,6 Berry 56:22,22,23:94:2 best 8:7, 17,17; 20:15; 51:3,5; 57:6; 9317 better 33:13,22; 85:10 beveled 48:25; 49:15 beveling 48:4,16; 51:18, 20; 54:7; 84:21, 24 big 51:10 bigger 63:13 Bishop 18:14 bit 88:11 blocked 20:25 blow-out 47:10 body 56 4 booklet 10:20 books 26:23 both 15:11; 17:3,10; 33:24 bottom 84:10 Brake 22:12, 21; 23:5,6, 8, 10.12,14,16,18; 24:5, 13, 20, 25; 45:6,7,11,12, 17; 46:6; 47:11, 22, 22,24; 48:3,4,8, 13,16, 25; 49:12,15,18, 20, 20,21; 50:2,6,7, 20, 21; 51:18, 20, 21; 52:7,9,12,15,15, 17,20, 24; 53:7,9,10,23; 54:4,9:55:16, 17, 23; 56.4; 57:10;72:4;74:8; 75 3, 11; 81:7, 19; 82:20, 20, 21; 84:21, 23; 85:10; 87:6, 18;91:7,11, 22;98:9 brakes 19:5; 22:2; 23:19; 27:2,6; 47:15; 54:13; 55:20; 72:9; 76:14; 78:12, 24; 80:18; 87:6; 98:2 break 58:13; 72:18, 22, 24; 99:23 breaking 94:17 breath 81:2 brief 30:20;45:14;66:13; 73:6; 100:8 bring 8:15; 44:6; 66:18, 21 British 25:1; 56:12 broad 70:5; 72:2; 78:15; 93:4 broke 8:22; 50:9; 86:23 brought 8:20; 9 6; 39:5; 43:21,23:44:2; 54:1,14, ! 16; 55:14; 58:19; 6 l:3 ,10, 13,15;62:19;67:15; 73:17 Bullet 101:5 bundle 24:1 Burke 6-1:15 c C-a-p 24:24 call 7:20; 64:10; 87:9; 100 2, 5: 101:24 called 7:8; 32:16; 63:7; 66.3, 6 cam e 13:2; 48:8 can 7:21; 8:6; 9:4, 11,21, 24; 10:20; 13:6; 17:15,22; 18:7; 20:13; 21:18, 20; 28.6,6; 31:24, 25; 33:4; 34:10,11.11; 39:13; 43:10; 44:12, 13; 50:14; 55 8; 57:4,6; 58:10, 13; 60:10, 22; 61:19; 68:3,9; 71:12; 72:12, 18; 74:9; 75:4,7, 23; 78:1,1,11, 24; 79:24; 80:15; 82:2; 88:10; 89:20; 96:3, 15:99:2,4; 100:2; 101:24; 102:1 Cancer 10:25, 11:1; 76.22, 23, 24; 78:13, 16, 18 cancers 77:11; 78:7,8 Capotorto 24:24 captioned 22:4 Car 56:14 carcinom a 77:5,9; 78:21 career 49:16 careful 28:5 c a se 7:16; 18:19; 19:2, 11; 21:14; 29:8, 20,22; 41:4,14, 23; 52:13; 62:23; 63:5,10; 64:2,9, 18; 68:20; 69:2; 79:13; 91:6, 21, 25; 92:3, 4 c a se s 39:19,21;40:13, 14, 18, 19:41:9,22,24; 42:5, 12,21 catalog 22:13, 14,17,18 causally 97:1 causation 96:6; 97:11 causative 80:20 cau se 71:12, 24;72:12; 74:9,11; 75:4,6,6,7; 76:3; 78:7,13; 80:15; 94:13;97:4 caused 51:17;97:7,20 background - Court (2) causes 95:4,8,10,12 caveat 90:3 cavities 56:4 cavity 78:25:79:25 CD 57:15 Center ll:l;7 6 :1 8 ,19 centim eter 99:7,11 certain 12:6; 50:7,19; 61:18,66:21 Certainly 18:12; 26:4; 36:13; 38:7; 54:8, 11; 63:23, 24; 86.8; 87:1; 89 21 cetera 26:3 CFR 62:8 chance 33:11; 65:22 changing 45:16 characteristics 89 23; 93:25 check 48.8 checking 47:22 chemical 37:24 Chicago 12:2 Chris 12 8, 19 8,25 10, 12: 29:15 chronological 12:24 Chrysler 19:3:21:4,5,9; 22:2, 20, 23,23 5,14,16, 20; 27:7; 40:17 chrysotile 56:21; 71:4, 11, 13,23:72:3,4,8, 11; 74:7, 12, 17, 23, 24;75:2, 9, 22; 76:2, 7, 14, 16;77:6, 15:78-4,5,6, 11, 19. 23; 79:23; 80:4,8, 14; 81:13, 20, 25; 84-17; 87:7, 21,25; 90:13; 93:15; 94:3; 97:23, 98.1:99-6 circum stance 98.8 circum stances 97:8 citations 40.8 cite 58:25,88.15 City 33:14:35:18; 38:4, 12; 44:23; 46:5 clarify 511 classified 83:20 Clean 23:9 Clean-up 23:4,6,8, 13, 18 clear 72:15; 75:24; 99:20 clearly 35:6; 90:24 closer 44:6 clutch 81:7, 19; 87:19 clutches 19:5; 71:6; 72:9; 74:8; 75:4, 11; 76:14; 78:13, 24; 80:18; 87:5; 98.1 Clyde 919 co-authored 31:7 coffee 72:18 collected 46:6 collection 55:9 coming 66:16 comment 11:11; 25:24; M in-U -Script FULLER v. RAYMARK INDUSTRIES, INC. 91:19 com m ents 45:18 com m unicate 25:25 communicated 63:4 communicating 25:14 communication 50:13 Community 11:18 com panies 35:23; 42:23 com pany 371; 52:4; 87:2 com pare 93:15 com pared 53:13; 76:18 com pensation 33:2 Complaint 10:5,8,8; 13:8,8,9, 17, 18, 18; 18:20,21,21 complaints 1317 complete 10:1; 20:19; 23:22; 27:11; 38:8; 39.17, 57:1; 58:17; 61 9; 62:19; 66.22, 22; 88:1 completed 20.7; 55:6; 85 23 com pletes 60 24;6l: 14 completion 15:8,21 compliance 8:20; 9:6; 43:22 com plies 28:13 comply 8 17; 39 6; 43:24; 85:18 com port 79.9 com posite 13:10, 23; 15:24; 16.15; 17 4, 15. 18. 20; 34.2; 59:5; 60:8 com position 84:12, 15; 85:1,22; 86:1, 14; 87:20 com prehensive 42:4,8 concentration 79:18; 80:22 concentrations 70:10; 87:23:97:2, 14 concerned 47:14,19 concerning 25:10; 38:23; 69:19; 84:11 concerns 19:12; 42:23; 86:17 conclude 95:15 concluded 102:10 conclusions 90:20,23 condition 53.12; 7 1:19 conditions 51:22 conducted 44:19, 20, 22; 45:2,20;46:11,23; 47:23, 24; 48:2, 12; 51:16; 52:4, 14; 53:5, 20, 23; 55:11 conference 7:20 conferred 38:16 Connecticut 22:6 consist 19:2 consult 18:18 Consultants 11:16 consultation 19:1; 62:22 consulted 41:14; 42:13; 63:16 consulting 19:11; 41:16 contact 19:8; 67:10, 11; i 95:20 contacted 65:23; 66:1 contain 84:17 i contained 78:6; 94:7 ! containing 76:17;78:12 contains 81:20 contam inant 82:24; . 95:19 contam inants 47:20; 81:20 contam inated 80:15; 91:12;9517 contamination 82:17; 96.9 content 65 6: 84 25: 87.21 contents 25 ): 38 21 context 54:24. 75 1 continue 17:22:22.16: 28.7; 35 2:60 11 continuing 28:15. 87.11 contracted 9123 contracting "6:15, 21. 24.77:10 contrary 80:12; 90:21.23 contrast 93". 11 contrasting 93:6 control 36:23 conversation 19:19: 20:1; 21:23: 22:4; 29:10. 12. 13:32:15:6-1:13:65:1. 10. 13. I" :66.13 conversations 63:19. 20,22,64:2.6.9, 16,22. 25:65.4 converse 34:12; 66.9 converting 8~:9 copy 8:12; 9:9; 10:1; 15:9, 14; 18:20; 22:17; : 61:16:68:2,4.6 Corporation 21:5; 22:23; : 36:25:41:4 i Corporation's 21:4,9; 67:16 correctly 46:22; 71.22 : counsel 29:7 counsel's 1523 count 39:24; 44:3;81 13 ; counted 81:3,10,15 ` country 65 21 course 8:25; 25:15; 27.25; 33:1: 37:1; 49:16; 53 8; 61:5; 6-1:3; 70:5 Court 9:13, 13,16, 23; 13:7, 12, 16, 19,25; 14:3, i 6, 10, 14; 15:7.21,25; i 16:4, 10, 12, 20, 24; 17:3, 8, 12, 16, 20; 18.5,7,9; 24:8; 26:5,8. 14, 15; j 31:23,25:34:1, 1,8, 13, 18, 21; 43:11,11,14, 18; i 59:2,3,7,13, 18,25:60:6, Hamilton-Legato (248) 244-9700 FULLER v. RAYMARK INDUSTRIES, INC. W illiam Krebs, Ph.D. VoL 1, Jan u ary 28, 1998 10,17; 67:14,17; 73:7,7; DeKalb 11:2; 33:14; d iscu ss 30:13; 65:8, 12 17,20:87:18, 19, 20; 93:2, evaluation 37.16; 5513 100:9, 13, 18; 101:24; 35:18; 38:4, 13 d iscu ssed 29 7; 59 4; 6 , 16 Evan 7:15; 25:9; 58.4.5, x 102:1 delighted 7:24; 38:15; 69:11.13; 77:1; 92:2, 15; 73 23; 99 22, 23 E J co u rtesy 25:14 3911 93:11 even 81:4:84:1;97 4 co u rts 39:19 delineated 33 8,69 9 discussing 33 9; 36.9; everybody 1515; 51 11 cover 12:8; 31:15; 62:25 co v ered 48:6,49:12; dem onstrate 30 23 Demonstration 27:3,7 43:13; 54:3, 18, 25;71:24. 75:22; 76:1 ; 84:7; 86'1 E 26:24 evidence 69 19:77 18: 86 17 93:19, 20 Department 44:23,24; Discussion 58:6;65:18, earlier 26:13; 27.8; 30.19; exact 42 20 co v e rs 13:3; 44:16; 89:16 46.4 102 4 49:18; 50 6, 18; 51:15: 54.6; 72:10.91 17: 101:1 exactly 9 1.19 2575 25. created 54:5 depend 89.18 disease 41:15; 71:17,19, 25; 74:16,-76:4:83.19,21 earnings 12.11,23; 89 14 creation 86:18 depending 83:23,93 18 d ise a se s 41:24, 25; 42:6; 31.18; 32-5:33:1,9. 16, 24 EXAMINATION '.12. c roc ido lite 94:5; 99.12 dep o sed 3817 74:9,21;75.5,76.10; Edward 20 18; 21 3 ! 27:23 cru ise 66:3 Deposition 7 6,8 1,11, 77 21:89 24; 90-6; 94:1; effect 87 4,24:96:1; exam ined 7 10 cryptic 4519 20; 9:6, 19; 10 13, 15, 15, 98 23:9919 97 4, 14,98 24 excerpt 10-18.19. 22:13. cubic 99 7 ,11 16; 12:18; 1315; 14:13, 17, 19, 19; 15:1,4,9,10, distinction 72 5,7 effects 86 17, 97 2 57:13,58 23 cup 72:18 14,22; 16 9, 23,25, 17:6; distinguish 96:21;97:18 eight 22-25; 23 20;83:23 | excerpts 11:17, 21 current 9:9; 37:1 18 4, 22; 20:17; 21:3. 14; distributed 42 24; 49:11 ; either 11 9. 26 1; 28 1, j ex c ess 83 22 curriculum 9:9; 16:1; 2515; 26 18; 30 9; 34:5, 79 6 316.5812.86 8.94 7 I excessive 53 12. ~i s. 216 11; 35.9. 15.36 11:38:11. Division 22 10. 22. 23 ! else 26 9:32-25. 36 18; | 13.72.12;74 17,80 24 cursory 27:23 i 15. 22; 39 1.6, 7; 40:2, 4. doctor (5 12. 49 21: cylinder 52:16,18; 53:11 5.43 17, 21,22, 2 1; 44:1 1; | 5918;61 5, 11.64 3.65:5. i 50.7.21.51:21; 52 9. 15, : 3711: 48 20. 58 9.60 16. ! excessively ~(> 6 ! 64 2,66 1,92 18, 101.13 excu se 12 20. 16 21. ; 9. 15; 66 10. 18.77.17; 1 17, 59 1;75.20 ! elsewhere 3 : em issions 55 20, 24 21 8. 23 1 (. 26 7 8. 39 12. (9 5. 50 9 D j 100 12; 101.18, 20, 23, 25. I docum ent 9:1 2. 32.10, | 102:9, 10 , 18.41 23.43 11,12. 15. : emitted 85 ( j Exhibit 7 6 8 io. 9 15. D 7:7 Dana 19:4 depositions 13 2; 14:22. 15:11; 32-23: -f0 6 i 62:2,5,67 15. 24; 68 25; j 69.9, 15.81.6.92 21; describe 2118 i 100 20 : employ 80 23,81 12 : employed 32 25. 33.4, ; 35 24;46 11.85 12 ' 19. 13 10. 11. 15,23. 23. 14.9. 13; 15 24. 24; 16 1. ! 17.9. 19. 23. 1" ). 13. 15. data 26.25 described 27 20, 52.11; docum ents 8 14,9:5, 1' , 2 2 . 2 ( . 18 ( . 6 . 8 . ! employee 37 8, 16, 43.1. i 21.21.27 4.31 15.3 ( 3.3. date 50:4, 23; 57:21; 61:25; 62:4, 12, 25;63:17; 55:1.2:71-12 ) 102:16 description 91:5 13:5. 20, 23; 19 16, 24; ! 4; 47 4.66 24.95 16. ! 23:23. 27-1 1.19. 24; 34-2; ; 96 16.99.16 | 43.21,58.17, 59 4,61 10, ; em ployee's 3~ 7, 16 j 5. 14. 23; 35 1.43 13. 1". ; 59.5. 14:67 17 21.68 7 ' 84 6. 100:10, 12. 17 dated 9:10; 12:9; 21:15; 22:3.4; 32:5; 46:4; 52:2 descriptions 35 14 desk 28 10; 55 7 j 14.66 19.67 1, 3.73.16 | em ployees 90 6. 99 2 ! done 13 25; 27 25, 28 21, j employer 18 24 ! 101 7 1 0 2 9 ! exhibits 9 22. 15 13. d ates 11 19, 23; 12:3; 6l 20, 21 ; detail 28 5 I 43 18.44.20,45 5.6, 19, determ ine 30 21,37 23; ! 53 9. 13.79 21.82 11, : employment 33 6. 16 12. 20 24 21 1.3 28 11 David 7:15; 11:7; 25:9; 45 9, 83 21:89 3 j 86 15 ; 35 14. 36 1.38 ( ; expect 68 22. ~9 17 26:7: 28 14; 67:19; 72:2; determ ining 83 18 I dozen (2:16, 17;63 24 , en 32.15 84 19.85 3.89 6.92 11. 93 1.94 6:95 18 73:2.9 Detroit 7 1, 32 16, 44 23, | Dr 7 14:8 8.9.9 4, 11.12; ; Enclosed 18 20 expected 69 19. 8 t 1I. Davis 56:11 46.5; 66 16 j 14:16. 15.22. 16 13. 18 8, I Enclosure 19 9 86 16:88 23 day 19:20; 49:18; 50.6, developing 78.21;98.17 10. 1', 19 10, 20 17; 21:3, encountered 80.18 j experience 10 12. 78.2. 18.62:24.25 days 23:21; 27:16 developm ent 98.12 6. 16, 23 2 (,25 24,26.17, 18; 27 11,29 9, 20, 23; end 43 8, 59 19, 73 8. 94.16 j 79 4.80 12.81.21.82 9 ' deal 56:5 developm ents 64:18 diagnosis 94 22 3350 35,8.,63.1755,2,329.244.,4204:,1225; ; Engineers 55 22 85.11 Experimental 56 12 d ea le rsh ip s 45 6; 47:20, diagnostic 94 24 41 13. 43:20; 44 7; 46:8; enough 90 25.91 19 expert 10 19: 22:14; 23 dialogue 8 6 49.14; 50-18, 51.25, 57:7; ensure 7.22 67:16.68.10:84 6:85:25 dealing 56:2,3.19; 57:8, 9 diam eter 83.24 different 13:20; 24:14; 59 2,60 13:62:10, 21; 65 24,66 24;67 14,23; entire 65 16 entitled 67:15,70 23 explain 83 14. 86 20 explained 63 10.65 2 d eals 57:16, 18 38:1,42:3; 70:10 68 6, 13; 69 18,72.6; entry 62:3,92 10 explaining 60 13 Dear 18:17 difficult 8 4; 11 8 73 11; 74:3, 5,75 1,95.1; 98 15; 100 5, 20, 102:5 environment 86 19, explore 30 9 debris 47:17; 76:25; 77:15:87:18, 19 digests 67.1 87-17,20 draft 12-22; 33.12,15, 25, j exposed 35 11.17, d ec ad e 51:5,7 direct 97.4 35 6 Environmental 24:3,6; I 37 23. 38-23:39 3.71 10. 55.23 | 76.6, 77 -2 Decem ber 12:5,13; 31:20; 32:6 directed 48 17 direction 44:20 Dreessen 44 15 drum 52:15,82:20, 21, 87 18 epidemiologic 36:24; 37 2.93:24 i Exposure 24 (. 13. 20: 35 16, 36 10, 3~ 7.9. 16. d eco m p o ses 87:7 directly 96:16; 97:1 epidemiology 37:4; 57.9,58 22; 71 8. 13. Defendant 21:5, 9,10 directory 22:9 Duces 8:11,21.9:7; 39.7; 89 23,90 5,15:93 25 72.12; 76-25; 80 17,84 1. 41:4,8 Disc 22:11 60:25 equal 812,16 87.24,88 10,2(.89 1, n d efendant's 20:24; disclose 73:19 duly 7 9 equipm ent 48 3, 5 ; 93.12,97.1, 13.98-1. 13. ) 21:21; 27:4 d isclosed 32:23 during 8 25, 24 4,13; established 8~:12 16. 23 defendants 19:2,5; 40:16,20, 22, 23; 43:2 D isclosure 67:16; 68 22; 84:6,16; 85:25 25.14,26.1:35 15,36:11; 45 6,46 6,47:15:49:16, 57 10:64.6,13.65 15 estim ate 33:4; 42:12 et 10 7; 18.16,24 3, 18; ex p o su res 33 5, 35 25. 36-2.39 2; 45 10; 47.20. 52:7; 55 16;74 17;80:24; defined 74:23,25 discom fort 37:21 dust 47:10, 11, 17; 54:4; 26 3; 56 11 90 9, 92.5; 96 16, 17; definite 35:16 discovery 18:22 56.4.76.25,77 15:81:6; evaluate 52.6,80:23 99:16 Definitely 53:12 discrim inatory 81:13 82:21; 84:20; 85 1,3,13, evaluated 81:7; 82:20 ex p ress 68:19 Hamilton-Legato (248) 244-9700 M in-U -Script (3) courtesy - express W illiam Krebs, Ph.D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC. ex pressed 95:25 extend 25:13 extensively 27:16 extent -15:10; 52:6 extraordinarily 96:25; 973 F facilitate 21:17; 34:11; 30 14 facilities 44:21; 5517 facility 45.9 fact 26 18; 38 17; 48:24; 67:11,68:18:71:6; 79:13, 15.81 6,84:23:89:10 fair 15.15, 30:10 fairly 30:16,93:4 familiar 27.10: 30:25: 31:12. 13; 46 12. 15. 16; 47:7;5-i:l,8 Family 10 24 far4112; 66:18 fault 87:1 fax 12:11, 14, 17; 32:4; 33:19, 20 faxed 31.18 February 52:5 Federal 37:13.23,38:23; 61.16. 21; <52:3; 85-19; S8.9. 14, 15 feeling 96.13 few 27 15 fewer 63 24 fiber 56:6,9; 57:19; - - -22. 79:4: 82:12; 99 11, 13 fibers ~8:1; 80:25,83 17, 19,22; 87:21,-97:9,21; 98.5,99:7 field 36.21; 54.2; 99:16 file 10:2.3; 12:7; 20:8, 14, 19:21:14; 22:2,3; 59:11, 22; 66:22, 23; 73-13 filed 48:20, 25; 49:15 files 10:22; 39:15 Filing 23:7,9,12,13,15, 18; 48.4, 11, 15; 50:2; 51:18,19; 54:3,6; 84:20, 24 finally 100:19 find 8:4; 18:20; 47:13; 55:8;57:17; 58:11 finding 79:9 fine 9:23; 15:16; 30:11; 36:13; 101:8 finish 85:23 finished 12:22; 51:9; 81:19, 23; 82:6,8,17, 18, 25; 83:2; 85:18 first 7:9; 10:5, 23; 15:9, 10; 17:6; 21:2; 24:1,9, 23; 27:2; 31:21; 40:21; 44:14; 52:2; 59:11;77:18;79:5, 16;83:7;95:19, 20;97:22 five 40:8; 57:10; 73:4; 81:1,3, 16; 83:19,23; 99:7; 100:6 five-minute 72:24 fixture 53:10 i flagged 27:24 i flight 66:14 I flip 12:20 ! Florida 10:25,88:18 follow-up 56:23 followed 14:20 i following 11:19, 23; 12:3. i 3; 15:21 ; follows 7:11 | force 93:13 | Ford 19 4; 22:7, 8, 9, 10; i 23:7,8, 10, 12; 27.3; 40:17 , forget 26 20 1 forgotten 20 9 form 12 22.25:33-12,15. . 21:35.6, 49 2:50-24; . 52"21; 61:24; 72:1;74:22; . 75:20;77-8. 13;78 14; i 85 7 ! formalities 100:14 j formed 30:14; 33.7 j formulated 30:18 | forsterite86:18;S7:10 ' forth 26,3 I found 76:18; "9:13; 82:3, j 8. 14; 100:22 Foundation 67 2,4,8 ; four 22:15. 40:4.8, 45 5, i 21.22.25.46:10.21; j 51.16; 55:2; 63:25 fourth 11 2; 45 8 frankly 50:2 Friction 22:5; 56:20; 71:5, 11; 72:8; 74:8, 12, 1 24; 75 3, 10, 10, 22; 76:3, j 17; 78:7, 12.23:79:24; I 80:5, 82:17, 25; 83:2; 84:12, 15, 16; 85:12; 86:1, 18; 87:5; 90:7; 91:24; 92:6, 12; 94:4; 97:24 Friday 57:23 front 15 9; 17:5; 23:9,15, 39 5; 42 4; 46:9; 55:1 full 15:14:57:15 Fuller 7:17; 10:6,6, 11, 14. 17; 12 12; 15:11; 18:15, 16; 31:19; 35 10, 17; 38:3, 5. 17 Fuller's 12:24; 14:9; 16:2, 4,32:5,23; 38 10, 22; 94:22 fully 51:9, 13 furnished 32:4 further 36:4 G G 12:12 gasket 81:8,19 gasketing 75:23; 76:17; 90:7; 98:2 gaskets 19:6; 71:6; 72:9; 74.9:75:4, 11; 76:14; 78:13,24; 80:19 Gastroenterology 11.16 gather 51:15 gathered 81:22 gave 22:18; 63:12; 66 20 general 8:3; 18:19; 19:1; 20-3; 21:11:36:25; 40:16; 41:3; 42:12, 25; 43:1,4,6, 8,25:44:9,14,17,21. | 45 15; 46:11; 47 4, 12; ! 48:18. 19. 23; 49.5. 11; : 51:8:53:15,20:55:1:61:7; I 63 12; 66:25; 67 8, 15, i 70 6, 14; 72:4, 11; 82-II, | 84-16,85:13; 88.5, 95 11, j 96.13,14 I generally 40:24; 46 12; j 47.8;63:10;71-20; 74:24: : 83 20,84:17,85.16, j 86.13,94:12 ! generated 87:7 ' George 7:16,10.6, 11, ' 14. 17; 18:15 I Gill 22:5 ; given 27.22; 30.20; : 35:14,39.12:66 22;86.5, i 13. 14;9i:9 i gives 22:23; 45.14 ; giving 29 24. 77.20, 86:14:96.7 glad 72:15, 15 : GM 47:22 i GMC 18:16 j goes 93.24,24 I good 7:14; 47:13; 57:17; 72:25 governing 88:10 ! government 84:2 ; Grace 19:4 j grade 81:25,25 graduate 67:5 grease 49:25 greater 81:2,16,16 greatest 79:19 j grinder 52:18; 53 11 j grinding 52:19:54:3, j 84:20 | G rosse 18:14 group 40:4; 67 10 grouped 44:12 groups 60 8 g u ess 10:15; 21:14; 22:13; 42:15, 15;46.18; 60:15 g u esse s 39:2 H H 7:7,7; 18:13; 102:14 H-u-n-c-h-a-r-e-k 24:23 half 63:24 hand 9:12; 18:7;23:7,9, 11, 13. 15, 18; 33:24; 37:17; 43:10; 59:2;6l:8; 62:2 ! handling 47:15 ' handwritten 73:12; 100:16 happened 26:21 happens 8:25 happy 20:19; 101:11 ! hard 70 18. 21 Hatfield 26:24; 27:8; 31 12, 13 I Hatfield's 31.12 ! hazard 55:12:77:17 : headings 10:21 ; Health 11:23. 18:13; ; 36 19; 37 3,44.23,46:5; , 55:12, 12;70:11,92:12; ; 99:15 ! hear - 22:31:24,25; ! 37:13:64:23 ; heard 1112. 12:25.13, 1 24; 31 2, 3: 50 3; 62 12; : 76 1 hearing - 21,31:24, 58:4 heat 87 6 ; heavily 95 16 heavy "7:4 held 33 14:58:6,64:7; 65 10. 102:4 j help 25.17,26:14, 15 : herein 7 8 ; hesitate 19 8 higher 99:13 histories 77:4 history 12:24; 32:22; 38:12 ! hold 11:9; 42:20; 60:4; I 88:22:89:20 holding 60:7 holler 100:4 home 39:22 | Hospital 11:18 hospitals 12:3 hours 35:22;72:22 housekeeping 28:7 ; Hughes 91:9 ! human 78.16; 80:16; 90:14:95:4,9, 10, 16, 25 Huncharek 24:23;91:17 Hygiene 24:11; 36:22; 3719; 44:19, 22; 45:1,9; 46:10, 22; 52:3; 55:2,10; 56:17:67:2,4,8 j hygienist 36:15,16 I hygienists 37:6; 45:16 hypothesis 84:3 I i.e 86:18 idea 29:21 identical 12:16 identification 7:5; 9:14, 18, 13:14, 24, 14:12; 16 8, 22; 18:3; 34:4; 43 16; 59:5; 61 21; 100:11, 17; 102:8 identified 16.13,28:11; 4l.22;82:13,21 | identify 9:5; 26:15; 92:5 identity 64:12 idiopathic 96 5,12 j ignoreSl:l3 i Illinois II 1.2; 52 5 i illnesses 42.14 : imagine 63 9 ; importance 36 3 ; important 37.6,- 2 5. ; 83.17 j in-hospital 11 24 J 6 | Inc 18 14; 19 3 incidence 97 25; 98 incident 98 6 include 101 7 included 24 1.25 8, 48.9 includes 44:21 ; including 6-1:10 | incorporate 94 12 ! incorrect 514 : increased 97 25 ; indeed 29-2,48 24.91 8, : 97 4 ' indicate 19 23; 28.24. j 29 1; 37 20. 4-1-8 I indicated 1418.31:17, ! 32-3; 35-20; 50 5.7, 17; ! 68.11,74 10; 75:1, 5,82:6, ! 83.4, 9; 90:12; 98-3 indicates 69:18; 79'23; 84:10; 88.8; 89:22:92:10, 25 indicating 29 10 indices 58 22.8-1 1 : indirect 80 24 individual 40:6,98:17 individuals 77.3 induce 96 3 induced 97.20 induces 90 13 Industrial 18 13; 24:10; 25:1:36:14,16, 19.21,23; 37 3,6, 18, 44.18,22; 45.1.8. 16:46:10, 22; 52:3; 55:2, 10, 67:2,4,7 Industries 10:7; 19:3 industry 40:16,41:1,3 information 12:2,21; 13:2,3; 1921;20:2,7,8, 16; 28:25; 30:21; 32:22; expressed - inform ation (4) Min-U-Script Hamilton-Legato (248) 244-9700 FULLER v. RAYMARK INDUSTRIES, INC. W illiam Krebs, Ph.D. Vol. 1, January 28, 1998 35:8, 22; 37:9; 38:6,8; 399; 44:17; 45:15; 64:11; 65:6; 67:7; 81:21; 94:25 informed 34:23; 64:17 inhalation 56:7, 10; 97 8, 10, 21; 98:5 inhaled 79.16,95:19 initial 17:7, 24:23,65:1 injected 56:4 injection 56:11 inquiry 17.7 insofar 19 11; 53:5;98:9 inspection 45:6,47:16, 25; 48:7 installation 22:21; 48 9, 14; 49 6, 13:51:13; 54.10 instance 67 7 instances 42:22. 25; 49 22 Institute 22 6; 55.11 instructions 22 21,24. 32:17,66 20 intend 29:19: 30:7; 36 4; 69 2. 22.71 1.84:13. 85.24.86 9, 20.88:1 1. 90 1.92:10:93 5;94 21 intention 25 20 interest 63 5 interested 32 24; 38 25 interfere 9 22 Interrogatories 215, 10 interrupt 21 16 interrupted 11.13,60 14, 72 16 interrupting 60 15 into 33 21,36:4;78:25 intraperitoneal 56 10 investigation 45 9 investigations 36:25. 37 2 involve 5117 involved 40:11; 41.11; 42.9. 43 3:48 2 involving 41:24; 42:13, 45 1; 48.4; 52:11; 55:3 irrespective 85:17 isolated 67:7 issue 19 4; 24:12, 19; 88 2 issu es 90:2 Item 13 3; 89:5 itemized 12:11,23; 31 18; 32:5; 33 1,8, 16,24 J J 2 ( 24. 24 J.M.G 56.11 January 7 2; 12 12; 21.15; 22:3,4;31:19,32:6; 42 8, 13, 22, 43.6 job 35 14; 36.20 jobs 3313 jog 61:17 Journal 24:11, 18; 25:1; 56:12 July 11:19 Ju n e 11:19, 19,43 8, 46:4; 55:4 K K 7:7; 56 16 K-a-r 11.14 K-a-u-p-p-i-n-e-n 24 9 Karan 11.3,14 Kari 24.9 Kauppinen 24 8 keep 21:8; 57 5, 59.1"7 i kept 99 17 | key 57:17 ! kind 16 11, 28 9. 31 1". ! 34:14. 51 22. 54 2 1. 5". 1. i 93 8 ! kinds 19 21.20 4. 33 5. 49 8; 51 10, "0 10. 15. ; 94.11 i Kishwaukee 1118 : knew 32.20:94 15 knowing 32 25.70 i~, : 20.86 4, 12:88 4 ! kndwledge 55 10. 51 f ! 5 ! Kolos 12 8. 15 16. 16 2: : 17-24; 19 9. 12. 15. 24. i 20 5; 25.5. 11, 16. 21,25. 26.1,7. 13. 28 16. 29 15. ; 30-12, 14, 31 15. 32 14, j 19:34:10.16,19:49 2. | 50:24, 52 21.58 1. 5 I 60-17,63 7 9. 16. 22. i 64-3, 12. 1i. 1", 65 1.9, | 12,23.66 8.9. 10. 1 >: i 67 18,22:68 1.4,5.72 1, ; 10, 17,21.73.1,4.9. 11, | 15, 19,22,74 22:75 19; ! 77-13; 78 14:80 I;85 7; 10115. 17. 21 Korhonen 2110 i Krebs 7:14,8 8,9,9 5, j 11:12; 14:16; 15 22; 16:13, 18 8. 10. 13. 17, 19:10; 21 16, 25 24, 26.17; 27:1 1,30 5, 24.24; 35.3,9. 37 5; 39 4, 40.12, 41:13.43 20.44-7;46 8, 49 14,50 18.51:25:57:7; 59:2; 60 13:62:10.21. 66 24; 67-14. 23, 68 6. 13. 69:18; 72 6; 73:12; 74 3, 5, | 75-1:95-1,98 15. 100 6, 20, 102 5, 14 L 26 24 lab 12:1 label 22.8. 20. 20 labels 89 5,7,9, 11,14, 16 Langer 24 3:91:4 Langer-McCulhey 92:1 I large 8916 j last 11:11; 18 24.23-17; 24 17, 22. 35 4, 50-18; 58 8. 16, 17, 20:60:20; 62-3.63 1:65:21,23.66 4; 69-17.87-14 later 10 16 | law 88 18 j laws 88 9. 14. 16 | lawsuit 91 10 | lawyer 25 11 i Laycock 22 5 | learned 32 11.91 13 I least 41 ,4. 12.80 6, 88 20 | leaves "9 20 ! Lee 11 22. 22 left M 15 >4 0. 8 legal 06 7 ' length 33 4. 5. 5. si 3. i 17.84 20. 24 ' length-toSi l length-to-breath 80 25, i 81 15 Leon 2124 less 83 19 letter 11 3. 12. 12 8. 8, I 1" 24. 19 13. 17, 28 2 >, i 29 1. 31 15. >6 3. 55 4, : 62 25 ' level 98 16.99 1". 18 levels 3" 2 >. 4" 10; 80 17,81 8, 12.85 17. j 94 4.6. 10. 14. 16.98 25. 99 6. 10. 20 light >9 24. 42 12 j likely 48 6.8 4 2 i ! likewise 50 16 i limit 88 25.89 2 I limits 88 24.89 2.93 12 i line 53 1 : lining 22:22, 24 5.45 11, j 50 2.8.52 8.24.25:53 7. ' 9. 54-4; 56 f. 81 21,23 ! linings 45 17.47 22. 22; ! 48 ~,9. 16. 20. 25. 49 10. : 16. 18,50 20.51 8.8.12. j 18.20.52 12.87 6 j LIPMAN ~ 13. 15,8 22; j 11 ". 13 4. 16. 22; 14:2,7; ! 15 6, 17, 20, 16 6, 11, 18, I 25. 17 2.5. 10. 14. 18,23; 25 12. 19.23:26 9, 11, 11, 28 14. 19.31 23,32:1; ; 34 10. 16,45 23:509; i 57 18, 58 3. 59 10, I t. 20. I 2 1.60 9. 67 20.68 3:69 3: j 72.6, 14, 19,23,73.3, 10, | 14, 18, 21,74 25:82:5; j 86 23, 92.15.95 7:99 22; 100 1, 5, 15, 19: 101.16, I 23. 102:2,5 Lippmann 58:22; 83:25 list 33:1:39-11.15,17, 22:42:3.4,7; 101:3 i listed 40 21;41 10; 51.3. 88 23 listening 26 2;94:19 listing 22 8; 25 3, 27 14, 42 9 lists 8 14; 10 12 literature 54 2, 12,14, 16, 58 18. 59-2,61 1,2, 77 25.79 10. 11,22; 82 23.831.89 25:9016. ' 19. 20; 93 2.10,96.14 ! little 9 8; 20 23, 33 13, ! 58 10.67 10:81 23:82 2. j 7;88-l 1.99 13 I locate 58 25 | located 100 21 ' locating 100 20 long 86 6.8.75 18. 21 longer 81 1.2 Longo 20 18. 21 3. 6. 15. 21. 22 1. 3. 26 2 1. 27 9. 12. 28 8. 1" 23. 29 1". 30 22.65 19 Longo's 23 24. 26 18. 29 9. 20. 23. 30 6. I 5. 25. I 65 21.66 2 ; look 33 1 1 1 3 . 35 21. ; 88 3. 20. 20 : looked 8 16. 27 16. 28 3. | 3. (; 82 I 3. 19 looking 33 6. 36 2. 61 24 i looks 22 20.92 1" : Lorimer 2 > 16.17 j lost .34 15. 39 13, 54 22. ; ioi 3 loud 18 11 j low 81 9. 8" 23. 99 20 lowest 99 I". 18 j lung 76 21.23, 24. 77 5. ' 9. 1I. 22.78 21,80 9 lymph "9 5 M i | M 24 24 i M-u-s-c-a-t 24 24 | Machine 52 t j Madam 9 13. 13 7, 16; I 14.2. 15 6. 21; 16 12; 18 7; j 31 23.34 1,43:11,59 2,3. j 6" 16. 101 24 Maintenance 24 5, 14; 44 24. 46 7. 57:10 making 51 23,75 13. : 78 3 manner "1 24 manual >9 12 manuals 49 6 manufacture 85.12 manufactured 42 23, 49 11,85 5 ) m anufacturer 84:21.22. j 85 5,6, 17 j m anufacturing 56 20: ; 76 7,19 many 39 21, i t 2. 25. j 61 5.63 24 i mark 9 i t. 13 22; 14 8. j 1-24; 34 2. 22. 43 12. I 59 14:60 l." ,6 " 1" 1 73 20: 100 9 j Marked 7 5,8 10. 9 18. j 13 14, 14.12. 15. 25. 16 8. ! 19. 22: 1" t. 22. 18 3. j 21 13; 27 23. 28 11. 34 4. I 33 1.43 16. 59 4.60 12. j 62 18,67 18, 21,68 ", 1 100 11,17. 101 9. 102 8 \ marking 9 1". 22. 16 20: ' 17 1", 21. 34 1 >. 43 14. IS j markings 15 1 m arks 49 25 Mary 10 6. 18 15. -3 J5 Material 22 5. 29 5. 79 16. 80 5 8" 9, 10 9 1 j 95 24 materials 20 1, 1 i. 24 23. 26 2. 2~ 13. 15 28 8. 8. 10. 24. 29 8. 1~, 30 2. 45 11. 48 3, 39 5. : >9 ", 55 9. 56 21: 63 15. 65 19.66 5. 19. 21.6" 1. "1 2. 5. 11. 12.72 8. " 18. . 10. 13.75 3. 22.76 3. 1". 7" 6. "8 ", 12. 24. "9 2 1. , 81 19.84 4 6. 11,81 16. ! 85 11. 12. 90 ". 92 6.96 2 i 7.97 15. 21.98 ".99 16 : matter 10 2. 30 11.36 4. 5" 5.69 22. "9 10.84 15 85 25, 99 1 1 m atters 10 9. 30 9. 45 8. 3" 18. 39 18. 401.9. (2 5. 9. 1", 65 8 May 11 2 >. 2>. 28.14. 24. ! 32 25. 48 2. 46 1.3" 16. : 1". 40 11.41 7,7;43 2. ; 49 9.51 2. 4.52 2.53 1". ; 81 >, 14.92 8.94 13. I 95 24 J May-June 24 19 Maybe 9 11, 13 5:58 13. 13.67-12.92 17 McCulhey 91 5 mean 63 18,89 15.96 9. 99.19 m eans 8" 14. 18 j m easurem ent 54 4 1 m easurem ents 47 16. ! 51 1". 53 14 I mechanic 25 1,85 10. ! 91 ", 11 \ m echanical >9 1;53 18 m echanics >8:17, 24; 49 15. 19; 50 6. 19: 51 1. 55-16,56 14. 65.1.74 9. 76 13.81 7.8,91 22. 22. i 23.92 12.9 4 6,98.9 Hamilton-Legato (248) 244-9700 M in-U -Scriot 4 William Krebs, Ph.D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC: medical 10:19, 21; 16:12, 13; 17:18, 20; 18:22; 89:24;93:1 Medicine 10:24; 24:19; 25:2 m e e ts 101:10 morning 12:15; 33:18, 25; 66:10, 15; 101:25 Mort 58-22 mortality 56:20 Most 37:17,21:41:9; 71:5; 83:24, 101:4 memo 21:14; 22:3 motioned 34:24 m em oranda 21:7,12,19, motor 54:13 22 m em orandum 22:1 Motors 18:19; 19:1; i 36:25; 40:17; 41:3; 43:1, 2, Memorial 11:22,22 4. 6, 8; 44:21; 45:16; memory 61:17 mention 34:7; 49:22; 51:21;58:21 mentioned 62:25 m esothelioma 24:25; 56-14; 57:18;71:8;74:11, 14: " 5:6; 80:15;90:9, 14; ; 46.11; 47:4; 48:18, 19,23; ; 49:5, 11:51:8:53:20; ; 66.25:67:8, 15; 82:11 | Mount 24:18 i move 13:5:62:21 ; moved 79:4 . Moving 28:20 91.7. 23:94.3:95:4,9, 10, ! much 25:23; 60.9; 61:23; 12. 15:96:3.8,14,23; : 65 22;85.10 97:12, 25; 98:6, 13, 18,22 j multiple 40:20 m esotheliom as 96:5, 12. 15,22, 24; 97:7, 12, 20: 98:8 met 31:4 j Muscat 24:24 i must 12:14; 20.6 ! myself 9:8:72:14:97:16 N method 80.25 Methods 24:15:81:12 mice 56:5 Michigan 7:1; 18:15; 44:22:46:4; 67:5 microm eters 81:3,17; 83:20.23 might 21:17; 37:25; 38:8; 40:3.24:44:1:58.8; 66:3; 68:22:69:5, 12; 77:4; 88:18: 89:4, 14, 18; 92:9; 95:14, 15; 101:12, 13 mills 82 1 mind 68:1; 86:6; 92:18 mineral 8114; 93 16 minerals 70:8,9; 71.21; 78:4:95:13, 14, 24;97:11; 98:10:99:10 minimum 11:10 minute 39:13,23 minutes 53:12; 73:4; 100:6 misplaced 12:16 m issed 11:11;3121; 37:10; 45:13; 62:12; 66:14; 83:7 m issing 44:5; 58:24 Mitchell 9:21 mixed 79:11 moment 12:25; 58:25 momentarily 20:11; 67:25 monkey 96:8 Moog 19:4 Mopar 22:20 more 20 23; 41:11; 57:3; 58:10; 65:4; 69:11, 12; 71:19; 99:1,8 j N 19:8; 24:3, 17 | name 7:14: 24:9. 17; i 31:3:91:9 | J namely 45:12:82:15; 83:19:95:21 1 nam es 26.14:35:23; | 39:18 j National 55 11 i nature 45:10: 52:6; 63.10; 64:21,24.25:89:3 necessarily 38.8; 99:19 ; necessary 28:10; 99:18 need 14.3,4; 15:8,14; 25:10; 51.9; 62:18; 70:25; 72:13; 86:3:99:22 New 47:15; 48:4.9, 16, 25; 49:7,15, 17: 50:8; 51:18, 20; 52:12. 19, 20, 24; 53:7; 54:4, 10; 84:21, 23 Newhouse 56:22, 22, 23; 94:3 next 16:11; 23:5,11,13; 24:7; 45:13, 14; 55:5,9, 18, 19,25; 56:1, 13; 86:9; 88:7, 22; 89:5, 22; 92:10, 25:93:23 node 79:5 non 83:21; 87:9 nonbiodegradable 95:13 Nonetheless 79:15 nonstandard 6124 noon 33:10 nor 15:22; 31:4; 50:3; 69:13:82:10 MORGAN 73:23, 25, 25 ! normally 95:18 Nos 7:6; 102:9 notebook 16:15 notes 45:19, 21, 25; 55:3; 73:12; 100:10, 16 Notice 8:10, 21; 9:7; 12:17; 21:2; 39:6, 13, 43:22, 24; 44:11; 61:4 November 12:4,9; | 17-25; 18-12; 19:13,17; 31:16; 57:24; 62:1,4; 631 num ber 40:14; 42:12, 21; 43:23,44.6, 53:12; 60:2; 63:21,91.10:96:4, 10; 100:2; 102:3 num bers 20:25 o O'Malia 11:3, 15 O-apostrophe-M-a-i-l-ia 1115 o-t-o-r-t-o 24 25 \ O bject 49 2; 50 24; I 52 21:72-1,74:22:75.19; ! 77:13,78:14;85'7 objected 72:15 objection 15:12,18:80:1 obtain 20 4 obviously 7:19; 46:9 occasion 80.8; 94:4 occasional 63-19:67:12 occasionally 49:23 occupational 36.9, 24; 37:7; 55:11; 56 17 occupationally 35:11 occupations 93 3. 16 occupied 36 20 occur 53.1:77.19;99-20 occurred 38 6; 47:3; 51:3, 5; 53:6; 77:24 October 910; 12:4 off 10:2; 20:25:44:14; 50:10; 57:16; 58:5,6, 10; j 97:22; 102:4 I offer 29:19; 30:1; 69:2, 19, 22, 24; 71:1; 84:11, 13; 85 24; 86:17, 21; 88:8, 12, 13. 23; 89:6; 90:1; 92:11, 11; 93:1, 5; 94:7, 22 office 32:14; 64:6,66:8; 74:1 official 68-2 often 40:20; 91:3 old 47:11; 54:10 Olds 45:17 Omega 45:17 omitted 28 22 Once 32:20; 34:25 one 9:16; 10:14; 12:16, 19, 20; 13:12,21; 14:10; 27:5; 29:2; 32:21; 33:4; 36:23; 40:3,7, 22; 44:19; 45:14,15, 15; 51:1; 55:22; 56:3; 57:16; 58:20; 64:5,6; 66:20; 68:2; 75:16; 76:6; 84:3; 86:5; 89:20; 90:23; 91:3, 25;94:4;95:14, 18; 96:15; 99:10; 100:20; 101:1 o n e s 41:10; 101:1 only 25:11;30:19; 47:10; 48.6; 51.21; 53:17, 21; 80 5; 81.13; 84:14; 91 11; 92:5 onward 28:20 oops 22:16 operation 22:24; 45:18 operations 45:12; 47:18; 48.11; 49:5,8; 51:2, 10; 52:8; 77:1; 85:16, 21 operator 45:10; 52:6; 53:15 opinion 29 24; 30:1,6, 7, ! 14,18,35:19:69 19:70 6, | 71:1, 10, 23.74-7; 78:5: | 83:5, 10, 15:84:9, 14; 86:16,87:4:88.13, 19, 23; : 89:22; 90-8, 11,92.25, | 94:22;95 2,3.8,96:1 1; j 97.6, 18. 19; 98:4, 20; 99:6 opinions 29:19, 22, 23; 33.7;68-49, 21,25:69 1, 4,8,8, 11, 15,21,23:70:1, 12,15,24;7l:l;84:ll, 13; 85:24,86:20, 88 2,8, 11, j 21:89:6,8,9, 14;90:1, 12, I 92 11:93 5;94 6:96:20 \ opportunity 30:8; 6519 : opposed 37:3; 40 10; ; 48-3:75:14,79 5 I order 9 11, 12:25; 16 15, | 20:22: 21:8, 11; 30 9; 37 7; j 39 6:42 16,56:24,99:7 ordered 9:9 organism 79:7; 95:25 organization 67.9 organized 36:24 organs 77:11,21;78:l6 origin 96.6 original 12:16 others 79:13; 82.13 otherwise 94:8 out 13:2; 18:11; 28.17; 32:22; 51:10, 11; 55:7; 59:21; 61:6; 65:21; 92:8 outcome 77:18; 80:23; 83:19,25 outcom es 70:11 outlined 19:12, 16; 39:22; 68:25; 69:15 outside 52:14; 53:6, 20 over 11.6, 27:22; 36:20; 56:8;81:22; 101:24 overlaps 92:16 overlooked 12:7 overly 72:2; 78:15 own 37:9; 77:23; 79:2; 80:12 P P 7:7 p.m 7:3; 102:10 package 25:4 Pads 22:12 page 12:20; 15:9,9, 10; 17 6,6; 57:24; 68.9; 69:17 pages 14:25; 17:14; 24:12; 25:2; 27.19 paper 45:24 papers 56:19 paragraph 52:3:69:17; 84:10:93:23 paralegal 66:7 param eters 83 17 pardon 64:23; 70:19 parenchym a 77:12 Park 18 14 i part 31-21; 35 24; 45.21, j 48:13;54.9:55.12:65.21, | 73:12; 83.7;87:14,91 10 I participating 41:6 ! particles 81.4:95.13 I particular 33 6; 37 24; I 51 24; 52:1:62:5:91:5.8: j 94:2 : particularly 98 13 | parties 15:13:39:18; 101:14 partner 64:13 partners 64 5 Parts 22:10, 22; 52.1: ' 62 8,95 25 i passing 26 2; 31:3 past 40:24 pathogenicity 56 5. 3: 70.7:71.2 Pathology 56:12 patient 91:8 Pekin 52:4,4 people 33:2; 37:17,21; 81:8; 97:15 per 32:17; 99:7, 11 percent 84:17; 85 2 percentage 96.12 perform 50:19; 51 9 performed 512 performing 45:11; 52:7 perform s 37:2 perfunctory 30:16 perhaps 37:20; 49:25, 56:24; 58:9; 60:21;63 24; 77:5 period 12:12; 50:4, 23; 66:12 periods 12:4 peritoneal 57:18;71.9; 78:25; 79:24; 90:10; 95:4, 9, 10, 15:96:3,21,24; 97:7, 11. 12, 20, 25:98:6, 8 , 12 medical - peritoneal (6) M in-U -Script Hamilton-Legato (248) 244-9700 FULLER v. RAYMRK INDUSTRIES, INC. W illiam Krebs, Ph.D. VoL 1, January 28, 1998 perm issible 88:24; 89:1; 93:12 person 33:3; 58:1; 95:22 personal 37:9; 46.6 personally 46:23; 67:10 pertaining 932 PH.D 102:14 p h a se 83 5 phenom enon 79:4 phone 11:9; 87:2; 102:2 photocopies 22:7 photocopy 20:25; 22:11, 19 ph rase 93 25 physician 94:23 picking 58:4 pictures 22:19 piece 12:21; 51:1 place 19:19; 28:9;77:l6 placed 53 11 places 33-2; 35:13; 36:1 plaintiff 7:16; 41:17; 91:9 Plaintiff's 8 10; 9:15; 12:17; 18 22, 23,21:4. 10, 34-3,43:13 plaintiffs 40:5,6 plan 93 9 plant 45:15, I6;94:4 plaque 76 9 p lease 7:21; 8:24; 10:4; 18:25; 19:7; 20 21; 23:3; 25:13: 58:3 p leasure 102:7 Pleural 24.25;71.9,16, 17, 18, 19,25,25:74:20, 21; 76 4, 4, 5,8,9, 10, 15; 90 10: 96.21 point 29:12, 24; 38:2; 48:15, 58:10; 95:20 Pointe 18:14 points 61:18 polio 96 9 pollution 36:22 portion 57:16; 87:3 p o ssessio n 14:18; 18 23 possibility 35 16 possible 36:9; 57:5; 59:23.96:17;97:l6 possibly 36:3:96:7 potential 35 25; 36:2; 76 8; 78:20; 80:23; 83:18 practicable 99:17,19 p ractice 20:4; 99; 15 pream ble 57:14,15 pream bles 84:3 precise 6 l :19 precisely 30:22; 63:11; 73:16; 76 11; 92:5 prefer 25:20 prem ature 30:1 prepare 33:15,68 13 prepared 26:23; 27:8; 33:25 presence 86:19; 87:16, 18 present 40:2,9; 42:8; 65:15; 70.9; 77:7, 8, l6; 78:19; 81.5.9, 14;82:19. 22:83 2,6, 11,87 8; 9810,12; 99:10 presently 98 25 presum e 10:18,43.2; 85 19 previous 51.6 previously 8 1 primarily 37 3; 47.21; 67:4; 78 3 primary 36 21; 77:17 print 57 16 printed 27 24 prior 33 14,35 11,18; 36:10, 38:3, 4, 12.24; 39:1; 42 10, 13. 21 ; 66 10: 93 13 I probably 29 11,40:22, ! 44 4, 5; 58 12; 99 12; 1014 problem 50 13,9116, 100-20 i problem s 101 12 j procedure 48 17; 53 24: i! 54-8:84 25 I procedures 49 7,13 proceed 9:21,24, 20 13. 28:14 | proceedings 36 12 | p rocess 48 14:81-24 p rocessed 84 24 processing 5114; 52:24; 53 6, 54 5,9 produce 85 16 produced 12:21; 18:24 producing 83 21 p ro d u c isi 19, 23; 82:7, 8,85.18.87 8 products 19:4,42:24; 71:7; 72:4; 74.24; 75:10, 10; 77 7; 80 5; 82 17,18, 25:83 6, 11;84 12, 15, 85.5; 86:2, 18, 19; 87.5, 17; 90:7; 91:24; 92:13 professional 316 professionally 30 25 program 55:13 project 19 11 proper 496 properly 37:22 properties 69:21; 70:3 protective 99:1,8 ,12 provide 59:18; 90:20, 23 provided 27:13; 29:5; 30:22; 61:1; 67:1 provides 91.15 providing 99 2 proviso 41:21 Public 44:23, 24; 46:5; 99:15 publication 67:12 publications 31:6 published 55:21; 57 9 pulmonary 7917 purpose 52:5; 70:25 purposes 9:15; 13:24; 15.7, 59:5; 100:17 Pursuant 21:11 put 10 20; 28.17; 33:12, 21; 53.10, 23; 5910; 85:10 putting 12:24, 57:20 Q qualifications 10:12 quantify 42:11; 63:21; 82:2; 99 4 ' quantitatively 37:22 j quantity 78 19 quarters 42 16 ! quick 61 19 quickly 28 3 R R-o-d-e-l-s-p-e-r-g-e-r ! 56:16 radius 52 14: 53 6 : rare 96 23. 25; 97 3 i rarely 96 24 ! rasped 48 21.21.25: . 4915 I rasping 48 1. 12. 16, ; 50-2. 51 18, 19. 54 3,7; : 84.20.24 rather 44 " 1 ratio 81 1,2. 15 j rats 56 7,10 i Raymark 10 7,19 3 Re 18 15 re-ask 32:2:50.11, 14 re-sort 12 22 read 10:2; 18 10; 20:19; 21:18, 23.1; 27 1; 31:5; 38:10, 68.9, 10. 12; 91:16; 101.17,19,22 reading 84.9,86 22,23; 96 13 reads 52:3 ready 14.8; 28 15:51:13; 60:18;738 realize 14:3; 30 15 really 12:4; 31.9; 33:11; 42:19, 49:9; 63 25; 64:20; 65.14; 66 15; 67 9, 11; 69:3, 11.23:8" 13,89:2, 17; 91.18, 9214 reasonable 68 22 reasonably 20:18;75:24 reasons 32:21 REBS77 recall 19:18, 25; 31:9,10; 40:12; 47:9; 62:22; 63:11, 13; 66:25; 79:11; 88:17; 92:7,9 receive 49:24 received 8:12; 12:10; 20:9, 16; 27 15, 17,22; 32:8; 33 2,10,19. 20; 35:22 recently 41:12 R ecess 73:6,100.8 recognized 95.4,12 recognizing 35:23 recollection 63 6,78 2 record 14:3; 15 7, 18 11, 34:9, 14.23:58:5,6, 10; 73.9; 10014, 16. 102:4 records 10.19. 23, 25, 11:2, 3. 17,22; 16:13; 17:19,21, 18 23 reduce 49 24 j Refer 44 10.6" 23.92 11 i reference 51 23, "8 3. ; 84:2:88 7 : references 31.19 : referred 13 10: 21 19. ! 28 9; 52 9:91 i j referring 2" 12, "5 11. I 84 5 j regard 14 16, 29 17, ! 30 6.14,31 II. 33 7; 36-5, i 8:3811, 17;51 15; 69 22, 70 1; 71 2.79-10. 83 10. 15:85 4. 24:88 2,8,89-6. 90.1; 98 4, 21. 21 i regarding 22 2. 29 20: i 47:10.65 24.66 2,89 8. I 10, 92.1 1. 101 25 j Regional 11 1 | Register 57.13. 23, I 58-24; 62 3 Registers 61 17,22, 96.14 regulations 57 21 related 37 18: 40 10; 65:4; 66 23 relating 23:23; 33 15, 42-6; 60-25; 64:2 relationship 97.5 relative 29 9 released 47 17; 84 20, 85 20 relevant 8924 relied 91 18 relining 54.12 rely 8112 remaining 93 20 rem anufacturers 22:8,9 remarked 65:20 remove 49 25 render 29 22:69:5,8 rendered 96 20 Repair 24 5, 20 repeat 8.23 replacing 47:21 report 46:3; 52:10; 53:8. 55 3; 91:25 reported 81 4; 93 10 ; Reporter 9 13.14,16, I 23; 13.7, 12. 16, 19,25. ; 14-3,6. 10. 14: 15 7, 21. 25. 16 4. 10, 12.20,24, i 17 3,8, 12, 16.20, 18 5.". 1 9; 24 8, 26 8. 1 (. 16. I 31-23. 25. 31 1.1.8. 13. j 18. 21,4311. 11. 14. 18. i 59 3,3,7. 13. 19.25,60 6. | 10, 17:67 14. 17. 73:'. 8, j 100 9, 13. 18. 101 24. j 102:1 j reporting 91 6 | reports 12 1. 16 13. ! 46 24; 55 H);'7 25. 91-21:92 3. 1.95.24:96 ' 1 r e p re s e n t' 16 . representatives 40 25. 11 2 representing 10 15 repro cess 52 1 1 reprocessing 53 2 request 0 ' . 15,19 15. 21: 25 25. 29 5. 50 8. 32 10. 13. 18. 34.1.58 1. 60 25. 100 25 requested 8 15 19 23. ; 20 2. 29 16. 32 12. 1 1.21 requesting 14 1 require 28 23 1 required 1~ 15. 9 1 5 requiring 51 1j R esearch 2 1 6. 55 23 ' " 2.3. ~9 3 research ers 80 9 resent 12 15 reserve 60 2 reserved 60 12 reserves 101 21 respect 10 1; 29 22. ! 35.13.37 15.40 19. ! 11 16. 18 10. 19 1. 17. ; 50 1.51 19.53 19.61 2. 1 65 5,68 21.69 10. 10. 1 70 1:71 1. 18. '6 5. 10. i 16. 23. 77.1 4. 20. ~9 I. 2. i 80 3.83 16, 18. 22,86 3. ! 11.82 3, 16.89 1. 1.8. I 90 5,92 4,95 11.9" 10. j 22.98 7,22.99 1.5. 5.9 ; respective 39 18 j respiratory 95 21,96 I respond 60 5. 20. 22: i 88 6; 89 11, 18, 101.11 ! resp o n se 15 19; 19 22, | 35 4;50-18.76 2.85:15. i 100.24 ! R esponses 21 9, 38 22 i responsive 61 1: 101 1. i 4 j rest 40 23: 59 17; 79 6 1 restate 7 21.9 2:60:21 I restating 35 5 Hamilton-Legato (248) 244-9700 Min-U-Script r-74 - ;UI~ W illiam Krebs, Ph.D. VoL 1, January 28, 1998 FULLER v. RAYMARK INDUSTRIES, INC. result 45:17; 47.17; 74:18. 20:82:10; 87.6, 24; 90:8 resulted 47 16 results 53:22 resum e 10:11:14:9; 16.3,5; 18:24:74:5 resurfacing 45.11,52 8 retain 63 5 retained 40:20, 62:22; 63:2 review 8:13; 27:11; 29:11, 18; 30:16. 20; 35.13:43.25: 57:l;58.18; 61:10:65:19:66 5,69:14; 79 9, 12 reviewed 30:2; 6l:3; 83 25 reviewing 66 25 Richard 26 24, 31:11 right 9:17, 25: 12:25, 13 4; 15 6; l 6 '6; 20:3, 10; 21.25, 25, 27:18: 28.6, 22; 29 4.25,30.4. 13. 31 14; 32.1.33:23.36.14,18; 37:10; 41:8: 42:18; 43:5, 10, 20; 54 20; 55:25, 56:24:57:4:58:12, 24; 60:19; 61 20.25.63 9; 64:1,67:20: 68.24:69:14; 70:16.73 18.74:15:75:9; 78-22:79:8:80.11; 83'4; 84:5. 87:15: 89-20; 93:19; 94.16; 100:1. 101.2,6,22 rise 70:10: 71.8, 14, 16; 74:13, 15:77:5,8.21; 85:13; 87.23: 90 9,96:7 risk 76.15. 20.21:77.10; 98.17 Road 18:14 R odelsperger 56.16 Rohl 24:2, 18 rom 57:15 room 64:13 rough 12:25. 33:4; 35:6, 21 route 32:15 rubber 59 11 rules 8:3 s safely 99.3 Safety 55:12 Sales 22:23 sam e 19:20; 22-18; 31:11; 36:7; 62:24, 25; 75:17; 82:14; 84:19; 85:1, 3,13,17,19. 22; 88:22; 90:3,18; 95:13 sam ple 45:14, 20; 55:15 sam ples 46.6; 56:6,9 sam pling 53:16 sanded 48:21 sanding 50:2; 52:11, 12 | sandpaper 49:24; 52:11 | saying 17.9; 26:10; 59:9; I 60:22:79:12,13 I Schedule 8:14, 16; I 44:10; 101:4 | Sciences 18:14 scientific 89:25:93:2 i search "9 21 i second 9 17; 10:8, 24; 13 9, 13, 18; 14:11; 16:21; 18:21; 20:23; 21:3; 22:1; 27:6; 38:18; 55.6, 83:5; 84:9; 85:25; 89:20; 91:14 secretary 32:17; 64:10 ! security 12:23 seeing 38 25:67:12 selected 10:25 send 32-17; 63:14; 64:11 : sen se 20 23 i sent 19-I6.21.24;20:2, j 5, 12, 14. 18, 23.21; 25 8; | 28.24:29.2.18.30:20; j 65 6, 20. 74 1 i separation 8124 September 12:4; 62:8, ' 14 | sequence 31 1 ":3 3 13 | sequentially 13.6; 84:10 i series 7 18:8:14; 16-11, j 12; 21 7.44.18:45:19; i 55.10.20:56:1:64:16 ' served 36.23 , Service 22.10. 22; 49 6. ! 12. 19; "6 18 , serviced 80:19 j servicing 45 ": 48:8, 13; | 54 12:92 6 ; session 8 15:9:1,6; : 21.17; 26:1; 5014; 70:25 | set 100-16 i setting 37.21:"6:7;80:18 ! settings 53 20 several 21:12: 23:21; 28:4; 32.21; 35:22; 36:20; 39:16; 41:11; 56:2; 57:8,9; 6 1:16; 69:16; 90:22 share 36:10; 39:10 sheet 45.14, 24 ship 66.4 shoe 22:21; 52:15, 24 Shoes 22:12:23:5,6,8, 10, 12,14, 16, 19, 19, 19 short 30:8; 56:6, 9 shorthand 101:12 show 77:23; 85:1 shown 81:22 show s 53.22 Sic 11:15 Side 23:10, 20; 28:9 Signal 19:3 significance 83:12 Silke 21:23 simple 57:19 Simulation 23:4,6,7,9, 11,13,15,18; 27:3,7 Sinai 24:18 Sincerely 198 sit 69:6 site 77:17; 79:16; 95:19 situation 6l:8;97:3 situations 89:17 sixth 46:3 size 78:20; 83:5, 10, 16, ! 17 j sizes 69:20, 20; 70:2,8; ! 95:14 Skidmore 56:22 slow 14:7 ; small 87:22 ! smoking 77:4,4 ; social 12:23 j Society 55:21 ; sold 49 11; 519, 13 | solely 76:24; 9713 ; som ebody 11:5 : som eone 26.9; 60:15, i 93:14 j sorry 8:22: 113.5; 16:5; i 22:16; 24.4, 11; 25 18; ! 26:21; 31:21: 37:10, 13; j 45:13; 46:18; 47:2.49 25; 50:11; 53-3; 54-22; 61.23; ; 62:2, 11.73:11,75:13; i 76:24; 78:18; 81:1 ; 82:20; ! 83:7; 86:25; 87.22; 94:17 I sort 12:25:28:17:32:22: ; 55:7; 88:5 ; sounds 72:25 source 37 9: 38:6.7 | speak 25:20; 34:17,20; 9017 sp eak ers 11.9 speaking 26:12; 40:24; 47 8; 74.6; 84:17; 85.16 speaks 53 8 special 64:8 Specialists 10:25 specific 19:24; 80:6,7 specifically 1925,20:1; 31:9; 79:3; 94:24; 98:4 spell 24:8; 56.15 spelling 101:11 spend 65:22 spoke 29:15 Standard 21:10; 54:9; 57:14; 62:6,8, 17; 84:4; 85:19 S tandards 22:5: 80:22; 81 ill; 88.9, 14, 19 I Stanton 84:2 stapled 13 20 start 46:20; 56:8 started 50:10 State 47:16; 88:9, 14,16 stated 50:5 statem ent 12:11,23; 31:18, 22; 32:5; 33:1,6,9, 16, 24; 35:17; 60:21; 75:14; 86:22; 87:12; 88:3, 21 States 24:21; 5517;93:1; 99:1 static 62:12 ! station 44:24 ! stay 11:24 j still 23-25, 28:17; 51:12; 57:3; 85.1; 99:24 stopped 60:18; 79:5 strike 95 2 stuck 66:14 | student 67 5 ! studied 28 5 ; studies 30 6; 44:19; 45:5, ! 22,25,46 10. 12. 15, 17, ; 21,22,23.47.9. 12, 14, i 19, 23, 24.48.6. 51.16; i 53:19,25:55.3. 14,20; 92:12:94.3 study 36 4:44:15, 16, 22; I 45:23; 51 20, 21,25; 52:2, i 25.53 5,17, 18. 21; 56:20, ! 793:91 6.92:1 I stuff 25 8: 28.17.82:10 | subject 20 17:40 2: 57:5; i 60-24; 79.12; 89:15, 16; 93 9 ; subjects 89:25 ' subm icroscopic 87:22 : Subpoena 39:7: 60:25 ; subsequently 91 13 : subset 42 21 : substance 1918; 20:1; j 29:12:64-9:65:3 sufficient 77:8,78:19, 20 suggest 82:24 suggested 48:13,17,20 suggesting 77:21 sum 29:11:65:3, 16 summarize 6l:7 summarized 61:12 summary 53-9; 63:12; 68:10, 13, 18; 70:6; 93:20; 94:7 Sunday 38:11,15 support 61.4 supported 84:3 Sure 9 8;30:4; 42:1; 45:3; 46:13; 61:6.25; 63:3; 75:15; 76:11; 78:9; 79:20; 87:12, 13; 89:13; 94:18; j 95 6,97:17; 101:15 : surface 49 17, 20 surfaces 50:6 survey 52:3 sworn 7:9 System 11.23; 28:7 T t"0-0*1 37:12 tab 10:23, 24; 11:12,21; 12:1; 16:14, 14; 59:12 tabs 15:3 tag 13.10 j tagged 13:20 talc 91:12 talk 89:13; 93:9, 21; 94:5 talked 96:10 talking 8:23; 11:6; 26.9; 29:8,46.5; 48:11,54:7; j 70-15; 72:3,7; 76.9, 11; j 85:21;92:1;97:23 i talks 54:12 j tape 10:14 i tap es 22:25: 23:21,23; j 26 25.27:25 | technicians 49:19 j technique 92:6 j techniques 53 16 ' Tecum 8:11,21,9 7. 39:7; 60-25 i telephone 7:20:8:11; 12:18: 19-19:21:23. 22:4; 36:11; 50-13; 62:13.63:", 18, 19;64:6.65:10 ; telling 9T:19 | tenth 99:11.13 1 term 50 20 j term s --i1:2; 42:21,64:18, j 96.15, 19, 19 j test 45.18; 52:14 ' testified 7.11; 41 13.23; ! 42:5.64:19 j testify 30:5, 40 13, 42:22; j 70:24; 86.9 i testifying 40:15,41.16; | 43:1 i testimony 26:19; 29 9. 20; 39:12; 40:3, 8: 48:23; 65 24; 66:2; 68:11, 14 testing 45:1 tests 47:21;48:2,2.3; j 53:22 ! Thanks 74.2 That'll 15:23 theirs 67:13 thereafter 14:20 thereby 77:21; 87:8, 23 thereupon 7:8 thermally 87:7 thinking 94:19 third 11:1; 21 6; 24:16; 86:16:96:15, 17, 18 though 814 thought 25.16; 39 3; 54 23; 58:8;75:13:79:14 three 13:17, 20, 23; 40:7; 42:16;45:5,-63:25:81:2, 16 threshold 88:24; 89:2; result - threshold (8) Min-U-Seript Hamilton-Legato (248) 244-9700 FULLER v. RAYMARK INDUSTRIES, INC. W illiam Krebs, Ph.D. VoL 1, January 28, 1998 98:24; 99:4 88:22 86:1; 88:15; 93:3 86:4:95:25:97:2. 14 throughout 79:6 tim es 33 3; 93-13 y Timo 24.9 trust 27 5 truth 7 9,10,10 try 20:22:26:14 vary 71:3 vehicle 44:24; 47-16; 91 22 w itness 7 8; 11.5; 13:9; 16 16; 18 1.25.7, 14, tissu e 79:17, 80:10 tissu e s 77 23; 79:18 title 21.18, 20, 22; 44.8; 5 1.24; 52:1 ; 56 8 titled 24:2.4. 13.20,25. 27 2; 55:23, 56:13 titles 23:1; 36 20:39:19 today 12:11. 18:31:9, 18; 32-4.8.33:1 1.34:11; 40 23; 50:15; 53 22; 54:1, 15, 17,64:4,69 7,80:7, 88 3; 92 7,7.9;93 9, 11, 13:94:11 trying 19:18, 25:17, 28:17; 30 21,22: 32 21, ! 47:12; 57:17.60-20, 61:25:75:15 two 10.13; 13 2; 14 17; 16:25; 17:9:21.20; 26 20. 23: 32:23; 34 2,24;40'5, j 7, 44:14,53:15; 55.1;56 2, j 19; 70-12; 72:22, 79-2; | 99:7 ! two-minute 72 18 j two-page 43 15 | type 53'18; 57 19:70 6, Vehicles 23 5,7.8, 10, 12.15,16, 20; 24 14; 27:3, 7; 48 7,54:13 v ersu s 10 6,18 16; 56 6. 9 victim 41 15 video 10 11, 14.18; 22:25, 23-21.23, 26-25; 27 25; 30 16 videos 28 2.4:30 16 view 35 24. 38 2.74 13 ! views 61.7 1 vigorously 50 1 28.13,20; 34.6,21.49 4. 50.25. 52:23, 58 7; 59 16. 21,60 3:67 16.68 10; j 22.25:75 21: T7:14; 80-3, ! 85 9; 100 7. 22: 101 19, : 21, 102 i w itnesses 64:19 ! Woitowitz 56 15 ; word 3~ 10 words 26 6. 52 17 today's 43 21 79:23 1 virus 96 8 : work 12 2 . 24 24.29 20. together 60 8,69 15 | types 69 20, 20.70-2. ; visit 52.6 : 23.30 15. 19.25.31 12. told 82:14. 14 i 76:3 ! vitae 9T 0. 21 6 Tom 64:15 typically 76 18, 80:17 1 voice 8 22. 50 9. 86 23, 32-22.36 8. 3" 3.21, took 19 19 . 94 17 38 12. 4~ -. 49 1,52.9. tool 37 6,11.12 u Voices 11 l. 57 25 53-2. 18.63 8. 14.66 9. top 55 7; 59 25 : Volume 2-t 6 . 11.12, 19. ! 76 1.3.' 2 )(,. 81 8,99 2 topic 44:15. 55 6,6, 18, unapproved 84 25 25 2. 56 IT 4- 23.62-3 worked 38 3. 39 16, 50 6 19. 25.86 14,89 10; 9215 unaw are 38 14. 82:18, volum es 15 11.17 1.4, topically 58 18 i 92-7 9 .11 worker 95 21 topics 44.9. 54.21; 89:17 : undated 10.11 volum inous m 2] Workers 24 21.56 20; total 25 4:65 16,81 12 i under 13 21; 44 20, Vorwald 14 16 '- 86 20. 8~ r toxicology 36 23. 56 3 ! 47-25 ) track 34 15 | underlined 27 18. 23 i Undoubtedly 63.12 w working 33 14, 35 18. , 38 12.90 2.91 12.92 12. tradesm en 93 7 traffic 66 14 j United 24:21,55 17.99 1 W 21 15 : 95 16. 22 train 54:22 : University 12 2. 67 5 W-o-i-t-o-w-i-t-z 56 15 Workplace 23 1. 6. " .9. trained 36 22; 37.18. 22. j unknown 96 5.6,18 Wait 34 8. 39 23. 14 3 11, 1.3. 15. r . 2~ 3. ", 94 24 training 36 19. 21 j unless 15 12. "4 23 unusual 19 20 walking 54 20 86 19:8- 1_ 19 warning 25 10.89 5.6.9. transcribing 101 25 transcript 14.19; 25:6,8, 17 transcripts 10:13; 14:17; 16 25 j up 23.10; 34 22, 44 1, 58:4; 101 13 upon 30.15; 83 23 u se4 9 21;75.22 76-16. 78:11;87:4 11. 14. 15 , way 8 5. 2~ 21, 42 3, : 47-13. 25; 5 l 9. 56 25, 57.19:70:14 ' ways 21 20 1 Works 44 24 1 world 51 10 1 ; w orse 52 13 : write 87 13 translocate 78.2, 25; 79 24; 80 9 translocating 77:22 translocation 79:14 transmittal 12.9; 17.24; 18:11,28:24, 29:2; 3116 transportation 40:16; 41.1,3 treat 49:19, 20 treatm ent 49 17 used 48 3; 50 20;71 5, 11,23:72 8; 74 8, 12,24. 75:3,9:78:23,79 23,80:4, 81:25; 94:5; 97 23,98:1 using 45 12; 49 23; 52:15; 5315; 94 4.98 25 usually 53 13 utilized 37.6,48 17 V . wear 47 11.86 17 ! W ednesday ^ 2,62 7, 16 : week 38.11.65 21.24; j 66.4,86 10 ; w eekend 2T 22 | weight 84 18.85 2 ; w hat's 8 9:68 6, 100:1 ! w ho's 58 2 ; whole 7:10. 17:13,89-15 ! whose 4013 ! writer 101 12 I wrong 90 24.91 2 j Y ! year 63 1 I years 36 20, 39 16, tree 95:21; 96:1 wide 44-16.80 1; 89 16 41 ll;81-22,91 10 tremolite 80 15, 20; 81:9, V 24:17, 24 i wife 10:6 Yegelwel 7.15; 25 9; 20, 24; 82:3,7, 13,15,16, vaccine 96:9 i WILLIAM 7-7,18:13; 19, 21,24;83 2 value 37 17 j 20 18; 21:3; 24 17, 26:24; 26 13.73:24,74 2; 99 24, trial 18:22; 30 5,7; 40:8; values 88.25.89 2 102 14 100.3 ) 69:2; 86.9; 88 12; 90:1; 931 varies 70 8 : willing 63 8 variety 44.16,80.4;89 17 , wish 38.21 yellow 15 3 tried 8.17; 79 3 yellowed 27.19 trouble 7:20 various 48:10; 54 21, within 36 25.66 8; 76 18; 55:16; 61 -1; 68 24;69 20. : 79 17:80 18.95.20:96:1;' yesterday 65 9,11 truck 91 23 20; 70:2,8,9,9:74.9; , 98.25,99:15 York 47.15 true 30:3,53:21:82:9; 836, 11; 84.12, 15:85 4; i w ithout 35.22:70 17, 20; Hamilton-Legato (248) 244-9700 Min-U-.Script (9) th rou ch on t - York Lawyer's Notes