Document pmGDQjRjQB5oyN4gwQgQRKvRk

In The Matter Of: Judith Bechtold, et al. v. Monsanto Company, et al. William B. Papageorge, P.E. Vol 2, June 6, 1994 Volume II P ^SerytaJ- ^><S(f'(DSH-hDi/i Gore & Perry Reporting Company 100 North Broadway Suite 1175 St. Louis, MO 63102 (314) 241-6750 or (314) 621-4790 Original Filepapw606a,arr, 33 Pages Word Index included with this Min-U-Script WATER PCB-SD0000015538 Judith Bechtold, et aL v. Moasanto Company, et ai IN THE CIRCUIT COURT CITY OF ST. LOUIS STATE OF MISSOURI JUDITH BECHTOLD, wile otfand STEPHEN E. BECHTOLD, ELIZABETH TAMEWITZ, fis Personal Representative of her deceased hi/sband, Kenneth F. Tamevritz, KELLIE LEE TRISLER, as Personal Representative of her deceased mother, NINA TRISLER, PHYLLIS GOODMAN, as Personal Representative of her deceased husband, CHARLES GOODMAN, JR., Plaintiffs, Volume 2 vs. NO. 922*00911 MONSANTO COMPANY and WEST1NGHOUSE ELECTRIC CORPORATION, Defendants. Deposition of WILLIAM B. PAPAGEORGE, P.E. Taken on June 6, 1994 Pegs 1 IN THE CIRCUIT COURT CITY OF ST. LOUIS STATE OF MISSOURI JUDITH BECHTOLD, wife ol/and STEPHEN E. BECHTOLD, ELIZABETH TAMEWITZ, as Personal Representative of her deceased husband, Kenneth F. Tamewitz, KELLIE LEE TRISLER, as Personal Representative of her deceased mother, NINA TRISLER, PHYLLIS GOODMAN, as Persona! Representative of her deceased husband, CHARLES GOODMAN, JR., Pl&jntlffs, Volume 2 vs. NO. 922-00911 MONSANTO COMPANY and WESTINGHOUSE ELECTRIC CORPORATION, Defendants. Page 2 Continued Deposition of WILLIAM B. PAPAGEORGE, P.E., taken on behaH of the Plaintiffs, at the law offices o! Husch & Eppenberger, 100 North Broadway, Suite 1300, in the City of St. Louis, State of Missouri, on the 6th day of June, 1994, before Victoria L. Wilson, Registered Professional Reporter and Notary Public. Page 3 Page 4 APPEARANCES OF COUNSEL: FOR THE PLAINTIFFS: MR. C. JOSEPH MURRAY MR. JOSEPH A. RACE MURRAY LAW FIRM 609 Poydras Street, Suite 2550 New Orleans, LA 70112 FOR THE DEFENDANT MONSANTO COMPANY: MS. CAROL RUTTER Husch A Eppenberger 100 North Broadway, Suite 1300 St. Louis, Missouri 63102 FOR THE DEFENDANT WESTINGHOUSE ELECTRIC: MR. RICHARD A. WUNDERLICH Lewis, Rice & Fingersh 6162 Maryland Avenue, Suite 400 St. Louis, Missouri 63105 INDEX PAGE Examination by Mr. Race Examination by Ms. Rutter Examination by Mr. Race Examination by Ms. Rutter EXHIBITS (None marked) 6 23 25 26 Page 5 Page 6 U) WILLIAM B. PAPAGEORGE, P.E., |2] of lawful age, having been first duly sworn to 13) testify the truth, the whole truth, and )4) nothing but the truth in the case aforesaid, |5) deposes and says in reply to oral (6) interrogatories propounded as follows, to-wit: Gore & Perry 800 878-6750 Volume n m MS. RUTTER: Just let the record is] reflect that the corporate depo was closed and 19) that this is a personal depo. And there is a uoj deposition you could continue the page numbers uu from, if that's agreeable to Counsel. U2) MR. RACE: Yes, that's fine.It was [13] a personal deposition taken -- (H) MS. RUTTER: I think it was the 18th, 115) May 18th. 116) EXAMINATION 117) QUESTIONS BY MR. RACE: (is) Q: I would like for you to elaborate U9) again on the policy of Monsanto, if it was (20) determined that its customers were not (2ij properly utilizing PCB's. Did Monsanto have 122] any policy in that regard whatsoever? 123) A: The policy was one that once it was |24) known, to make it a point to communicate to 125) the proper individ uals at the customer's site Page 7 ID to review the proper way to handle it as sort (2) of an underlining of previous understanding or (3) communication and make it a point to share (4) with them the observation that was perceived (5) to be inappropriate and how to correct it. [6] Q: Okay. How often would Monsanto or )7] did Monsanto visit the Westinghouse 18] facilities? 19) MS. RUTTER: I missed your verb 110) there, Mr. Race. Did you say "physically [ii] visit"? [i2j MR. RACE: Visit. U3) A: I have no count. 114] Q: That was done more than once a year, [15] for example? [16] A: Oh, I'm sure it is more than once a U7] year. There are field salesmen and then there us) is home office people would go by. 119] Q: So it was done on a periodic basis; 120] would you agree? [2i] A: Sort of randomly. There was no fixed [22] second Monday of the month or anything like. [23] that but there were attempts made to drop by [24] and see the customer's representatives. [25) Q: Okay. And who would be droppitig by? Page 8 ID A: Oh, it would be such a thing as the [2] field salesman, his district manager from the 13] district office, then there would be the [4] person in the home office of Monsanto was in [5] charge of that product line, he and his staff, [6] either together or separately would drop by. [7] Q: Okay. So you had several of these [8] visits annually? 19) A: Yes. Min-U-S crlpt William B. Papageorge, P.E. VoL 2, June 6,1994 [10] Q: And each of those Monsanto per sonnel ill) visiting the Westinghouse fa cility had the [121 responsibility to report to Monsanto any 113) infractions that they would observe ofproper [i4] handling of PCB's; is that correct? [15) MS. RUTTER: Objection to the form of [16] the question. in) Q: Okay. And your answer was yes? lie) A: They would report through their 119) organization, the salesman, district manager 120] and he would take some action or report it to [21] the St. Louis office. Somebody in that [22] manage ment chain would hear about it, yes. [23) Q: Now, this invitation that Monsanto [24] extended to Westing house,Westinghouse [25) officials, to visit Monsanto to see the proper Page 9 ID procedures of handling PCB's, when did that [2] occur? 13) A: I'm going to say late 1967 or '67. [4] Q: Was that in the beginning of '67 or 15] the end of '67? 16] A: I would suggest it was near the end. [7] Q: Okay. Now, had that been done before [8) that period of time? 19) A: Had it been done before at any time, no] you mean? [11] Q: Yes. [12] MS. RUTTER: Are you asking if [13] Westinghouse ever visited a Monsanto plant? [14] MR. RACE: No, I want to know whether [15] Monsanto had extended an invite for (i6j Westinghouse officials to see the good 117) housekeeping of Monsanto. [18] A: I don't know. I only know of that [19] one because I was personally in volved. I [20] don't know if they invited any to the other 121) Monsanto plant. I can't speak for that. (22) Q: Okay. So to the best of your 123] knowledge, that was the only time that you ]24] knew that Westinghouse person nel were invited (25) to a Monsanto plant to see what good Page 10 Ii] housekeeping on PCB's is? [2] MS. RUTTER: Objection, mischaracterizes prior testimony. 13) [4] MR. RACE: Subject to the objection, [5] can you answer? [6] A: That's the only incident that I was [7] personally involved with. [8] Q: Okay. And the plant they visited was [9] the plant in Alabama; is that cor rect? [io] A: That is correct. Hi] Q: And you were plant manager at the [i2] time. Page 1 - Page 10 WATER_PCB-SD0000015539 William B. Papageorge, P.E. VoL 2, June 6,1994 Volume n Judith Bechtold, et aL v. Monsanto Company, et aL 1131 A: That is correct. IHj Q: And when they visited your plant in (15) Alabama, did they express any surprise at the [i6] safety procedures that were being implemented [i7] by Monsanto? (is) A: No. [i9l Q: And they, in fact, knew -- they were [20] familiar with those procedures, were they not? pi) A: From their comments and all, we just [22] reinforced things that they had already heard [23] before, yes, except for some details regarding [24] the specifics, what respirator we were using [25] by catalog number and so on and the refer ence Page 11 ID to the booties by,again, a catalog page to |2] so-and-so, item so-and-so, but the general [3] idea they were fairly well tuned in. [4] Q: So they were already tuned in with [5] the idea of wearing respirators and wearing [6] booties prior to their arrival? m MR. WUNDERLICH: Object to the form. 18] Q: Subject to your objection -- 19] A: They were tuned in to the need to [io] avoid exposure and as to when to use a [li] respirator or not, I just don't know how they [12] were trained on that. [13] Q: But the use of respirators in the [14] presence of PCB's was not an un usual concept [i5j to them, as a matter of; fact, is that [16] correct? in] MR. WUNDERLICH: Object to the form. [is] A: No more unusual than the use of other [19] chemicals, yes. (20) Q: So you didn't tell them something [21] they didn't already know with the exception of 122] the specific ID number of the product? [23] MR. WUNDERLICH: Object to the form. [24] This entire line of questioning is asking this [25] witness to speculate as to what Westinghouse Page 12 ID knew or didn't know. (2) MR. RACE: Okay.Subjecttothe [3] ob jection -- [4] A: I do know that they were inter ested [5] enough to jot down some refer ence numbers. I [6] don't know what they did with them or whether [7] they had a need for them. [8] Q: Okay. Did Monsanto have a policy to [9] stop the sale of PCB's to any cus tomer that [io] was not abiding by the guidelines drafted by [in Monsanto? [12] A: I hesitate because I don't know that [13] I would describe it as a policy that's written [14] and formalized. I do know that the managers [15] of the busi Page 11 - Page 16 ness kept emphasizing the need for [16) proper handling and really showed a lot of li7] interest in any information that showed [is] customers not obeying -- not obeying but [19] abiding by these suggestions. [20] Q: Isn't it true that Monsanto never [21] stopped the sale of PCB based on the misuse of [22] the product? [23] A: Well, that's because no misuse was [24] reported. [25] Q: Okay.Thank you.There was a fire Page 13 ID in the eighties, as indicated, in New York [2] involving a transformer contain ing a PCB [3] dielectric fluid. Are you aware of that? [4] A: I became aware of it, yes. [5] Q: Okay. And this was the PCB that was |6] a fire-resistant PCB; is that cor rect? [7] A: Well, PCB's were involved, yes. [8] Q: Okay. And in the subsequent [9] investigation of that facility, it was found [io] to have been contaminated not only with PCB's [in but also furans and diox ins; is that not [121 correct? [13] A: No. No. What was found to be [i4] contaminated? [15] Q: The area surrounding the fire. [16] A: I understand that samples of soot, [17] really, so-called wipe samples, that's an [18] expression that's used, were wiped off of [19] surfaces and analyzed and I understand that [20] the reports came back that dioxin -- [21] chlori nated dioxins and chlorinated furans [22] were detected. [23] Q: So you would agree with me that fire- [24] resistant PCB transformers do, on occasion, [25] bum? Page 14 [i] A: Oh, I have no evidence that the PCB's [2] burned. 13) Q: The question was fire-resistant PCB [4] transformers burned? [5] MS. RUTTER: Objection to the vague [6] and confusing form of the question, m A: I don't know that I would describe a [8] transformer so much as a PCB trans former. I [9] would suggest that the fluid from the unit [io] contains, as one ingre dient of several, [11] PCB's.Now,whether or not PCB's themselves [12) burned or not, I'm -- I have never heard that, [13] under those conditions. [14] Q: Let's try it this way: The [15] trans former in New York was a PCB trans former, [16] was it not? ini A: Yes, the transformer -- [is] Q: Where was it in New York? [19] MS. RUTTER: Counsel, you are [20] interrupting him. [2i] MR. RACE: Pardon? Min-U-S cript [22] Q: Where was it in New York? [23] A: An office building Binghampton, [24] New York. in [25] MS, RUTTER: Just for the record, Page 15 ID given the time frame of this, I would like to [2] note an irrelevance relevance objection. 13] Q: And it burned; is that correct? [4] A: What burned? [5] Q: The transformer, the PCB trans former [6] caught fire? [7] A: I don't know that. Something burned [8] in that general area where the transformer is [9] located. [io] Q: And as a result ofthat fire,you had HD not only PCB's in the area, you had also [12] furans and dioxins; is that true? [i3l A: And other things. Ii4] Q: Okay. Do you know of any in crease in [15] fires in transformers or capacitors after the [16] banishment of PCB's in 1970? [17] A: Since I wasn't involved, I did not [18] stay up to date on that so I can't answer. I (19] don't know. [20] Q: Then your answer is you do not know [2i] of any increase in fires in PCB -- in the [22] transformers? [23] MS. RUTTER: Objection. That's an [24] unfair and misleading characteriza tion of his [25] prior testimony. Page 16 [l] A: I don't know because I was no longer [2] involved, therefore, did not stay up to date. [3] I have no way of answering that. I just don't [4] have infor- madon. - [5] Q: When did Dr. Kelly inform you of the [6] two chloracne cases or three chloracne cases [7] that resulted from the abuse of PCB's? [8] A: The use of PCB's? [9] Q: The abuse. [10] A: Abuse of PCB's. I'm trying to [in remember if there were any cases. I'm aware [12] of some reference to chlor acne when PCB's were [13] made by Monsanto's predecessor company,Swan [14] Chemical Company. [15] Q: Okay. [16] A: And that, as best I understood, was [17] traced back to a supply of ben zene that was [is] used in making the byphenyl that was -- that [19] had some impuriries in it. [20] Q: And when did you become aware ofthat [21] occurrence, namely the devel opment of [22] chloracne by employees of Swan in '38? 123] A: Oh, I would -- early 1970. [24] Q: You didn't know about the chlor acne [25] case in Swan prior to 1970? Gore & Perry 800 878-6750 WATER PCB-SD0000015540 Judith Bechtold, et aL v. Monsanto Company, et aL Volume II William d. rapageorge, rx. VoL 2, June 6,1994 Page 17 HI A: That is correct. 12) Q: Okay. And you were plant manager for 13] how many years? 14) A: About five. 15) Q: Okay. And during that time as a |6) plant manager, did anybody indicate to you (7i what the hazards associated with the misuse of |8) PCB's may be? 19) A: Certainly. |]oj Q: And what is your appreciation of the in) hazards back when you were a plant manager, 112) what were your ap preciations of the hazards of |i3) PCB? (14) A: I knew that the situation we us) discussed earlier, like prolonged breath ing ii6j and skin contact, could cause harm. 117) Q: Did you know the nature of harm? (is) A: The amount of harm would de pend, of U9) course -- would vary from person to person, [20] would vary by the amount and type ofexposure |2i] and the type of PCB but I was told that, as an 122) example, PCB on the skin tends to re move the [23) natural oils in the skin, resulting in a dry, 124] chapped hands appearance, that the next step [25) might be one of cracking to the point where Page .18 ID bleeding would occur. That's even a 12) progressively worse condition. (3) Q: Now, this is a condition that you [4j were aware of when you were a plant manager 15] from '65 to 70, correct? 16) A: That is correct. [71Q: Okay. Did anyone tell you what the [8i name of that condition was? 19] A: I don't know that I had ever heard of no) a medical name, if that's what you are asking nn for. [12) Q: I'm asking you whether as a plant H3) manager you ever heard the name "chloracne." [14] MS. RUTTER: Well, objection. H5) A: Chloracne. I knew of chloracne but (i6) not related to PCB's, is that -- before I was U7] plant manager I knew of chloracne. 118] Q: But you did not know that chlor acne |i9) related to PCB's? (20) A: I knew -- I was informed by the (21) medical people, the plant physician and |22) Dr. Kelly's department that over exposure to [23) the skin could result in -- the next stage [24) after the red skin stage could result in [25] chloracne symp toms. That was the further Page 19 ID exposure. I knew that but I never saw it.____________________________________ Gore & Berry 800 878-6750 [2) Q: Okay. And you were informed of that (3) fact when you were a plant man ager; is that [4) correct? 15] A: Yes. Yes. [6] Q: Okay. And did you know of any other [7j adverse effects from exposure to PCB's other [8] than chloracne? 19) A: I was also aware that if it contin ued no) to be present and abused, that the liver would [11] be affected. 112) Q: Okay. And you knew that in-- 113] between 1965 and 70? [14) A: Correct. [15) Q: Okay. [16) A: Correct. H7) Q: Did you know about that before 1965? [18] A: Yes, I did. I knew that before that [19) when I had -- when I was a mainte nance [20] superintendent and had elec tricians working [21) with PCB's and, also, when I was in charge of [22) steam-gen erating electrical distribution [23] system when we used transformers and [24) ca pacitors, so on. 125) Q: And did anyone ever tell you that Page 20 ID those conditions resulted from expo sure to [2) PCB's? , [3) A: Overexposure, yes, sir. [4) Q: Overexposures to PCB's. And did you [5) ever ask if anybody had actually been [6) overexposed and contracted those conditions? [7] A: Yes. [8] Q: And what were you informed? 19) A: I was informed that the kind of no) facilities that we had, that we had no cases [ii] of that. [12] Q: That's not my question. Not at your [13] facilities but were you informed that anyone [i4j had been diagnosed or had sustained those 115) injuries which were described to you, namely [i6j the chloracne and the liver damage? 117) A: I was not -- nothing related to [is] Monsanto activities, no, but I did, as 1119] indicated earlier, hear about the Swan 120) Chemical experience later in 1970. [21] Q: Okay. So let me get this right: You [22] got a warning that PCB caused chlor acne and [23] liver damage -- overexpo sure to PCB? [24] A: No. No. Something in the PCB [25] produced with impure benzene caused the Page 21 [1] chloracne, not the PCB's. [2] Q: So your opinion is PCB's do not cause 13) chloracne? [4] MS. RUTTER: Objection, [5] mischaracterizes prior testimony and Min-U-S cript this [6) doctor is not the medical doctor; Dr. Kelly is m the medical doctor. [8] A: I'm a little confused at the mo ment. [9] I thought we were talking about the chloracne [io] experience that em ployees of Swan Chemical [ii] Company had and when I first knew about that. [12) Q: I want to know about when you first [131 learned of any chloracne result ing from [14] exposure to PCB substance. U5) A: I first knew that when -- gosh, I [i6i would suggest from the early 1960's when I had (i7j the electrical distribution function (is) responsibility and the main tenance [19] responsibilities, we knew or we were told that [20] continued expo sure could result in chloracne. [2i] Q: Okay. Now, my question is when did [22] you find out that there was spe cific cases of [23) chloracne developing from Monsanto employees [24) or Monsanto customers? [25] MS. RUTTER: I object to the com pound Page 22 [1] form of the question. [2] A: I personally don't recall any 13] ref erence to customers'people with chlor acne, [4] nor Monsanto employees with chloracne. I [5] don't know of any. [6] Q: You never heard of that? [7] A: I just don't recall any. I don't [8] know where it would be. With PCB's? 19) Q: With PCB's. (10) A: I don't know of any. [11] Q: Maybe we are not on the same page [12] here but didn't you just tell me a while ago [13] that Dr. Kelly told you of some cases in which ti4] chloracne re sulted from exposure to PCB's? [15] A: No, I don't know that it was [16] chloracne. I thought we were talking about [17] health effects noted by cus tomers in which [is] PCB's were misused or abused, if we can use 119] that word. I don't remember chloracne [20] specific ally. [2i] Q: What were the health effects that 122) were related to you by Dr. Kelly, the adverse [23] health effects? [24) MS. RUTTER: Objection, I believe the [25) witness has previously testified that Page 23 ID Dr. Kelly did have a discussion with him that [2j at this time -- 13) MR. RACE: I wish you wouldn't [4] instruct the witness. I wish you would let [5) him answer my question. If you want to object [6] to the form, object to the form. 17) MS. RUTTER: I object to the form in 18) that it mischaracterizes his prior tes timony_____________ _________________ Page 17 - Page 23 WATER_PCB-SD0000015541 William B. Papageorge, P.E. VoL 2, June 6,1994 19] MR. RACE: Thank you, Counsel, uo] That's very gracious. HU THE WITNESS: I'm confused now. U2] MR. RACE: Apparently. Apparently, [131 Mr. Papageorge. Thank you very much. I don't [14] have any further ques tions. 115) THE WITNESS: Okay. 116] EXAMINATION (17) QUESTIONS BY MS. RUTTER: [is] Q: Mr. Papageorge, I have a couple of [19] questions. [20] At some point in time you had a [2i] discussion with Dr. Kelly, is that correct, 122] about Dr. Kelly's discussions with customers [23) over the years as Monsanto's medical director? 124) A: Yes. [25] Q: Did Dr. Kelly relate to you that in Page 24 ID two or three instances customers had reported [2] some problems with using PCB's and Dr. Kelly 13] found that there had been misuse? H] MR. RACE: I object to the leading [5] nature of that question. [6] MS. RUTTER: That's fine. That's [7] fine. [8] A: That is correct. [9] MR. RACE: Do you want to walk him no] all the way through it or do you want a [ii] television prompter? [12] Q: At this point in time, do you [ 13] remember the details of those discus sions you [14] had with Dr. Kelly? [is] A: Not too clearly. I got an impres sion [16] that there was some reference to nausea, to [17] skin rashes, reddening of skin kind of thing, [is] I'm having a difficult time associating that [19] discus sion with chloracne. I just can't do [20] that because I just somehow can't relate the |2i] two. [22] Q: But Dr. Kelly is in a better position [23] than you to recount the details of his [24] discussions with customers? [25] A: Certainly.Yes. Page 25 [1] Q: When, in what time frame, did you [2] have a discussion with Dr.Kelly about his [3] interactions with customers who had worked [4] with PCB's, the precise details of which I [51 realize you can't recall at this time? [6] A: That occurred about the middle of 17] 1970. {8] Q: So about 24 years ago? 19]-A: Yes. [10] Q: And so here in 1994 you are hav ing a [ii] little difficulty recalling the details of a 112) conversation that oc. curred 24 years ago? Page 24 - Page 31 Volume n [13] A: Yes. I remember the essence of the [14] discussion, though, that the situ ation was [15J related to mishandling of the material. [16] That's the important thing that stuck with me. [17] MS. RUTTER: I don't have any fur ther [is] questions. [19] EXAMINATION [20] QUESTIONS BY MR. RACE: [21] Q: So in mid 1970, like in the sum mer Of [22] 1970? [23] A: About that time, yes. [24] Q: Okay. About the summer of 1970, [25] Dr. Kelly told you of some harmful effects Page 26 [1] associated with Monsanto's PCB cus tomers? [2] A: Correct. 13] MR. RACE: Thank you very much. [4] MS. RUTTER: I have a couple of other [5] questions. [6] MR. RACE: Object to redirect or [7] recross. [8] EXAMINATION [9] QUESTIONS BY MS. RUTTER: [10] Q: Did you learn from Dr. Kelly when you [ii] had this discussion in mid1970 whether the 112] customer prob lems that he discussed with you [ 13] were serious or long-term? [14] A: No.Theimpressionlwasleftwith U5] was that the symptoms described to Dr. Kelly [16] disappeared when the cus tomer followed |i7] Dr. Kelly's instruc tions about wash your hands [is] and clean up and don't breathe, these kind of |i9] instructions he gave. [20] MR. RACE: "Don't breathe" always |2i] works. 122] A: Don't breathe the fumes,more [23] correctly. So I personally was left with an [24] impression that once the proper procedures [25] were used, the symp toms disappeared and no Page 27 Ii] further problems existed. [2] MS. RUTTER: I have no further [3] questions. COMES NOW THE WITNESS, WILLIAM B. PAPAGEORGE, P.E., and having road the foregoing transcript of the deposition taken on the 61h day of June, 1994, acknowledges by signature hereto that K is a true and accurate transcript of the testimony given on the date hereinabove mentioned. WILLIAM B. PAPAGEORGE, P.E. Subscribed and sworn to me before this day of,1994. My Commission expires:_________ _ Notary Public vw Bechtold, et a). V. Monsanto, et aJ. Page 28 Page 29 [1] State of Missouri [2] SS. [3] City of St. Louis (4) I, Victoria L. Wilson, a Notary Min-U-Script Judith Bechtold, et aL v. Monsanto Company, et al Public in |5] and for the State of Missouri, duly |6] commissioned, qualified and au thorized to [7] administer oaths and to certify to [8] depositions, do hereby cer tify that pursuant [91 to Notice in the civil cause now pending and |ioj undeter mined in the Circuit Court of the City HU of St. Louis, State of Missouri, to be used in [12] the trial of said cause in said court, I was [131 attended at the offices ' of Husch & |i4] Eppenberger, 100 North Broadway, Suite 1300, [15] in the City of St. Louis, State of Missouri, [16] by the aforesaid witness; and by the aforesaid [17] attorneys; on the 6th day of June, 1994. [is] The said witness, being of sound mind and [19] being by me first carefully examined and duly [20] cautioned and sworn to testily the truth, the [21] whole truth, and nothing but the truth in the [22] case aforesaid, thereupon testified as is [23] shown in the foregoing transcript, said [24] testimony being by me reported in shorthand [25] and caused to be tran scribed into typewriting, Page 30 [i] and that the foregoing pages cor rectly set 12] forth the testimony of the aforementioned [31 witness, together with the questions [4] propounded by counsel and remarks and 15] objections of counsel thereto, and is in all [6] re spects a full, true, correct and complete [7i transcript of the questions pro pounded to and |8] the answers given by said witness; that [9], signature of the deponent was not waived by 110) agree ment of counsel. [ii] I further certify that I am not of 112] counsel or attorney for either of the parties [13] to said suit, not related to nor interested in 114) any of the parties or their attorneys. [15] Witness my hand and notarial seal at [16] St. Louis, Missouri, this day of [i7]__ ____ ,1994. [18] My Commission expires March 14, 1997. [20] Notary Public in and for the [21] State of Missouri Page 31 COURT MEMO CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI JUDITH BECHTOLD, et al., vs. CAUSE NO. 922-00911 MONSANTO COMPANY, et al. CERTIFICATE OF OFFICER AND STATEMENT OF DEPOSITION CHARGES (Rule 57.03(g)(2)(a) & Sec. 492.590 RSMO 1985) DEPOSITION OF WILLIAM B. PAPAGEORGE, P.E. TAKEN ON BEHALF OF THE PLAINTIFFS JUNES, 1994 Name and address of person or firm having custody of the original transcript: THE MURRAY LAW FIRM 909 POYDRAS STREET, SUITE 2550 New Orleans, LA 70112; TAXED IN FAVOR OF: THE MURRAY LAW FIRM 909 Poydras Street, Suite 2550 New Orleans, LA 70112 Gore & Perry 800 878-6750 WATER PCB-SD0000015542 Judith Bechtold, et aL v. Monsanto Company, ct aL 30 pages of original & copy ft $3.20 $96.00 Attendance of reporter & Jurat 21.00 Delivery Total $ TAXED IN FAVOR OF: HUSCH & EPPENBERGER 100 North Broadway, Suite 1300 St. Louis, Missouri 63102 30 pages of copy $1.20 $36.00 Delivery Total $ TAXED IN FAVOR OF: LEWIS, RICE & FINGERSH 6162 Matyland Avenue, Sutie 400 St. Louis, Missouri 63105 67 pages of copy @$1.20 $36.00 Delivery Total $ Upon delivery of transcripts, the above charges had not yet been paid. It Is anticipated that all charges will be paid In the normal course of business. GORE & PERRY REPORTING CO. 100 North Broadway, Suite 1175 St. Louis, Missouri 63102 Pag 32 IN WITNESS WHEREOF, I have hereunto set my hand and seal on this day of 1994. My Commission expires March 14,1997. Notary Public Page 33 Volume n William B. Papageorge, i-.E. VoL 2, June 6,1994 Gore & Perry 800 878-6750 Min-U-Script Page 32 - Page 33 WATER PCB-SD0000015543 Judith Bechtold, et aL v. Monsanto Company, et aL Volume n William B. Papageorge, P.E. VoL 2, June 6,1994 1 100 29:14 1300 29:14 14 30:18 18th 6:14,15 1960's 21:16 1965 19:13,17 1967 9:3 1970 15:16; 16:23, 25; 20:20; 25:7,21, 22,24 1994 25:10; 29:17; 30:17 1997 30:18 2 24 25:8,12 3 38 16:22 6 65 18:5 67 9:3,4, 5 6th 29:17 7 70 18:5; 19:13 A abiding 12:10,19 abuse 16:7,9,10 abused 19:10; 22:18 action 8:20 activities 20:18 actually 20:5 administer 29:7 adverse 19:7; 22:22 affected 19:11 aforementioned 30:2 aforesaid 6:4; 29:16,16,22 again 6:19; 11:1 age 6:2 ago 22:12; 25:8,12 agree 7:20; 13:23 agreeable 6:11 agreement 30:10 Alabama 10:9,15 already 10:22; 11:4, 21 always 26:20 amount 17:18, 20 analyzed 13:19 annually 8:8 answering 16:3 anybody 17:6; 20:5 anyone 18:7,19:25; 20:13 Apparently 23:12, 12 appearance 17:24 appreciation 17:10 appreciations 17:12 area 13:15; 15:8,11 arrival 11:6 associated 17:7; 26:1 associating 24:18 attempts 7:23 attended 29:13 attorney 30:12 attorneys 29:17; 30:14 authorized 29:6 avoid 11:10 aware 13:3,4; 16:11, 20; 18:4; 19:9 B B 6:1 back 13:20; 16:17; 17:11 banishment 15:16 based 12:21 basis 7:19 became 13:4 become 16:20 beginning 9:4 believe 22:24 benzene 16:17; 20:25 best 9:22; 16:16 better 24:22 Binghampton 14:23 bleeding 18:1 booties 11:1,6 breathe 26:18,20,22 breathing 17:15 Broadway 29:14 building 14:23 burn 13:25 burned 14:2,4,12; 15:3,4,7 business 12:15 byphenyl 16:18 c came 13:20 can 10:5; 22:18 capacitors 15:15; 19:24 carefully 29:19 case 6:4; 16:25; 29:22 cases 16:6,6,11; 20:10; 21:22; 22:13 catalog 10:25; 11:1 caught 15:6 cause 17:16;21:2; 29:9,12 caused 20:22,25; 29:25 cautioned 29:20 Certainly 17:9; 24:25 certify 29:7,8; 30:11 chain 8:22 chapped 17:24 characterization 15:24 charge 8:5; 19:21 Chemical 16:14; 20:20; 21:10 chemicals 11:19 chloracne 16:6,6, 12, 22,24;18:13,15, 15,17,18,25; 19:8; 20:16,22; 21:1,3,9, 13,20,23; 22:3,4, 14,16,19; 24:19 chlorinated 13:21, 21 Circuit 29:10 City 29:3,10,15 civil 29:9 clean 26:18 clearly 24:15 closed 6:8 comments 10:21 Commission 30:18 commissioned 29:6 communicate 6:24 communication 7:3 company 16:13,14; 21:11 complete 30:6 compound 21:25 concept 11:14 condition 18:2,3,8 conditions 14:13; 20:1,6 confused 21:8; 23:11 confusing 14:6 contact 17:16 containing 13:2 contains 14:10 contaminated 13:10,14 continue 6:10 continued 19:9; 21:20 contracted 20:6 conversation 25:12 corporate 6:8 correctly 26:23; 30:1 Counsel 6:11; 14:19; 23:9; 30:4,5, 10,12 count 7:13 couple 23:18; 26:4 course 17:19 Court 29:10,12 cracking 17:25 customer 12:9; 26:12,16 customer's 6:25; 7:24 customers 6:20; 12:18; 21:24; 22:3, 17; 23:22; 24:1,24; 25:3; 26:1 D damage 20:16,23 date 15:18; 16:2 day 29:17; 30:16 department 18:22 depend 17:18 depo 6:8,9 deponent 30:9 deposes 6:5 deposition 6:10,13 depositions 29:8 describe 12:13; 14:7 described 20:15; 26:15 details 10:23; 24:13, 23; 25:4,11 detected 13:22 determined 6:20 developing 21:23 development 16:21 diagnosed 20:14 dielectric 13:3 difficult 24:18 difficulty 25:11 dioxin 13:20 dioxins 13:11,21; 15:12 director 23:23 disappeared 26:16, 25 discussed 17:15; 26:12 discussion 23:1,21; 24:19; 25:2,14; 26:11 discussions 23:22; 24:13, 24 distribution 19:22; 21:17 district 8:2,3,19 doctor 21:6,6,7 done 7:14,19; 9:7,9 down 12:5 Dr 16:5; 18:22; 21:6; 22:13,22; 23:1,21, 22,25; 24:2,14,22; 25:2,25; 26:10,15, 17 drafted 12:10 drop 7:23; 8:6 dropping 7:25 dry 17:23 duly 6:2; 29:5,19 during 17:5 E each 8:10 earlier 17:15; 20:19 early 16:23; 21:16 effects 19:7;22:17, 21,23;25:25 eighties 13:1 either 8:6; 30:12 elaborate 6:18 electrical 19:22; 21:17 electricians 19:20 emphasizing 12:15 employees 16:22; 21:10,23; 22:4 end 9:5,6 enough 12:5 entire 11:24 Eppenberger 29:14 essence 25:13 even 18:1 evidence 14:1 EXAMINATION 6:16; 23:16; 25:19; 26:8 examined 29:19 example 7:15; 17:22 except 10:23 exception 11:21 existed 27:1 experience 20:20; 21:10 expires 30:18 exposure 11:10; 17:20; 19:1,7; 20:1; 21:14, 20; 22:14 express 10:15 expression 13:18 extended 8:24; 9:15 F facilities 7:8; 20:10, 13 facility S.-ll; 13:9 fact 10:19; 11:15; 19:3 fairly 11:3 familiar 10:20 field 7:17; 8:2 find 21:22 fine 6:12; 24:6,7 fire 12:25; 13:15,2? 15:6,10 fire-resistant 13:6; 14:3 fires 15:15,21 first 6:2; 21:11,12, 15; 29:19 five 17:4 fixed 7:21 fluid 13:3; 14:9 followed 26:16 follows 6:6 foregoing 29:23; 30:1 form 8:15; 11:7,17, 23; 14:6; 22:1; 23:6, 6,7 formalized 12:14 forth 30:2 found 13:9,13; 24:3 frame 15:1; 25:1 full 30:6 fumes 26:22 function 21:17 furans 13:11,21; 15:12 further 18:25; 23:14; 25:17; 27:1, 2; 30:1' G gave 26:19 general 11:2; 15:8 given 15:1; 30:8 good 9:16, 25 gosh 21:15 gracious 23:10 guidelines 12:10 H hand 30:15 handle 7:1 handling 8:14;9:1; 12:16 hands 17:24; 26:17 harm 17:16,17,18 harmful 25:25 hazards 17:7,11,12 health 22:17,21,23 hear 8:22; 20:19 heard 10:22; 14:12; 18:9,13; 22:6 hereby 29:8 hesitate 12:12 home 7:18; 8:4 housekeeping 9:17; 10:1 Husch 29:13_______ Gore & Perry 800 878-6750 Min-U-Script ' 100 - Husch WATER PCB-SD0000015544 William B. Papageorge, P.E. VoL 2, June 6,1994 Volume II Judith Bechtold, et aL v. Monsanto Company, et aL 1 l.r' U:22 ; 11:3, 5 implemented 10:16 important 25:16 impression 24:15; 26:14, 24 impure 20:25 impurities 16:19 inappropriate 7:5 incident 10:6 increase 15:14,21 indicate 17:6 indicated 13:1; 20:19 individuals 6:25 inform 16:5 information 12:17; 16:4 informed 18:20; 19:2; 20:8, 9,13 infractions 8:13 ingredient 14:10 injuries 20:15 instances 24:1 instruct 23:4 instructions 26:17, 19 interactions 25:3 rest 12:17 imerested 12:4; 30:13 interrogatories 6:6 interrupting 14:20 into 29:25 investigation 13:9 invitation 8:23 invite 9:15 invited 9:20,24 involved 9:19; 10:7; 13:7; 15:17; 16:2 involving 13:2 irrelevance 15:2 item 11:2 ____ J jot 12:5 June 29:17 K Kelly 16:5; 21:6; 22:13,22; 23:1,21, 25; 24:2,14,22; 25:2, '>t:- 26:10,15 iy's 18:22; 23:22; 20:17 kept 12:15 kind 20:9; 24:17; 26:18______________ knew 9:24; 10:19; 12:1; 17:14; 18:15, 17, 20; 19:1,12,18; 21:11, 15,19 knowledge 9:23 known 6:24 L L 29:4 late 9:3 later 20:20 lawful 6:2 leading 24:4 learn 26:10 learned 21:13 left 26:14, 23 line 8:5; 11:24 little 21:8; 25:11 liver 19:10; 20:16, 23 located 15:9 long-term 26:13 longer 16:1 lot 12:16 Louis 8:21; 29:3,11, 15; 30:16 M maintenance 19:19; 21:18 making 16:18 management 8:22 manager 8:2,19; 10:11; 17:2,6,11; 18:4, 13,17; 19:3 managers 12:14 many 17:3 March 30:18 material 25:15 matter 11:15 May 6:15; 17:8 Maybe 22:11 mean 9:10 medical 18:10,21; 21:6,7; 23:23 mid 25:21 mid-1970 26:11 middle 25:6 might 17:25 mind 29:18 mischaracterizes 10:3; 21:5; 23:8 mishandling 25:15 misleading 15:24 missed 7:9 Missouri 29:1,5,11, 15; 30:16,21 misuse 12:21,23; 17:7; 24:3 misused 22:18 moment 21:8 Monday 7:22 Monsanto 6:19,21; 7:6,7; 8:4,10,12, 23, 25; 9:13,15,17,21, 25; 10:17; 12:8,11, 20; 20:18; 21:23,24; 22:4 Monsanto's 16:13; 23:23; 26:1 month 7:22 more 7:14,16; 11:18; 26:22 much 14:8; 23:13; 26:3 N name 18:8,10,13 namely 16:21;20:15 natural 17:23 nature 17:17; 24:5 nausea 24:16 near 9:6 need 11:9; 12:7,15 New 13:1; 14:15,18, 22,24 next 17:24; 18:23 nor 22:4; 30:13 North 29:14 notarial 30:15 Notary 29:4; 30:20 note 15:2 noted 22:17 nothing 6:4; 20:17; 29:21 Notice 29:9 number 10:25; 11:22 numbers 6:10; 12:5 O' oaths 29:7 obeying 12:18,18 Object 11:7,17,23; 21:25; 23:5,6,7; 24:4; 26:6 Objection 8:15; 10:2,4; 11:8; 12:3; 14:5; 15:2,23; 18:14; 21:4; 22:24 objections 30:5 observation 7:4 observe 8:13 occasion 13:24 occur 9:2; 18:1 occurred 25:6,12 occurrence 16:21 off 13:18 office 7:18; 8:3,4, 21; 14:23 offices 29:13 officials 8:25; 9:16 often 7:6 precise 25:4 oils 17:23 predecessor 16:13 once 6:23; 7:14,16; 26:24 one 6:23;9:19; 14:10; 17:25 only 9:18,23; 10:6; 13:10; 15:11 opinion 21:2 oral 6:5 organization 8:19 presence 11:14 present 19:10 previous 7:2 previously 22:25 prior 10:3; 11:6; 15:25; 16:25; 21:5; 23:8 problems 24:2; 26:12; 27:1 out 21:22 over 23:23 overexposed 20:6 procedures 9:1; 10:16, 20; 26:24 produced 20:25 overexposure 18:22; 20:3, 23 Overexposures 20:4 product 8:5; 11:22; 12:22 progressively 18:2 prolonged 17:15 prompter 24: ll P proper 6:25;7:1; 8:13, 25; 12:16; 26:24 P.E 6:1 properly 6:21 page 6:10; 11:1; 22:11 propounded 6:6; 30:4,7 pages 30:1 Public 29:4; 30:20 PAPAGEORGE 6:1; pursuant 29:8 23:13,18 Pardon 14:21 parties 30:12,14 Q PCB 12:21; 13:2,5, 6, 24; 14:3,8,15; 15:5,21;17:13,21, 22; 20:22,23,24; 21:14; 26:1 qualified 29:6 questioning 11:24 R PCB's 6:21;8:14; 9:1; 10:1; 11:14; 12:9; 13:7,10; 14:1, 11,11; 15:11,16; 16:7,8,10,12; 17:8; 18:16,19; 19:7,21; 20:2, 4; 21:1, 2; 22:8, 9,14,18; 24:2; 25:4 pending 29:9 people 7:18; 18:21; 22:3 perceived 7:4 period 9:8 periodic 7:19 person 8:4; 17:19,19 personal 6:9,13 personally 9:19; 10:7; 22:2; 26:23 personnel 8:10; 9:24 physically 7:10 physician 18:21 plant 9:13,21,25; 10:8,9,11,14; 17:2, 6,11; 18:4,12,17, 21; 19:3 RACE 6:12,17; 7:10, 12; 9:14; 10:4; 12:2; 14:21; 23:3,9,12; 24:4,9; 25:20; 26:3, 6, 20 randomly 7:21 rashes 24:17 realize 25:5 really 12:16,13:17 recall 22:2,7; 25:5 recalling 25:11 record 6:7; 14:25 recount 24:23 recross 26:7 red 18:24 reddening 24:17 redirect 26:6 reference 10:25; 12:5; 16:12; 22:3; 24:16 reflect 6:8 regard 6:22 regarding 10:23 point 6:24; 7:3; 17:25; 23:20; 24:12 policy 6:19,22,23; 12:8,13 position 24:22 reinforced 10:22 relate 23:25; 24:20 related 18:16,19; 20:17; 22:22; 25:15; 30:13 relevance 15:2 remarks 30:4 remember 16:11; 22:19; 24:13; 25:13 remove 17:22 reply 6:5 report 8:12,18,20 reported 12:24; 24:1; 29:24 reports 13:20 representatives 7:24 resistant 13:24 respects 30:6 respirator 10:24; 11:11 respirators 11:5,13 responsibilities 21:19 responsibility 8:12; 21:18 result 15:10,18:23, 24; 21:20 resulted 16:7; 20:1; 22:14 resulting 17:23; 21:13 review 7:1 right 20:21 RUTTER 6:7,14; 7:9; 8:15; 9:12; 10:2; 14:5,19,25; 15:23; 18:14; 21:4,25; 22:24; 23:7,17; 24:6; 25:17; 26:4,9; 27:2 s safety 10:16 sale 12:9,21 salesman 8:2,19 salesmen 7:17 same 22:11 samples 13:16,17 saw 19:1 seal 30:15 second 7:22 separately 8:6 serious 26:13 set 30:1 several 8:7; 14:10 share 7:3 shorthand 29:24 showed 12:16,17 shown 29:23 signature 30:9 site 6:25 situation 17:14; 25:14 skin 17:16,22,23; 18:23, 24; 24:17,17 so-and-so 11:2,2 3D - so-and-so Min-U-S cript Gore & Perry 800 878-6750 i 1 1 1 1 ) WATER PCB-SD0000015545 Judith Bechtold, et aL v. Monsanto Company, et aL Volume n so-called 13:17 Somebody 8:21 somehow 24:20 something 11:20; 15:7; 20:24 soot 13:16 sort 7:1, 21 sound 29:18 speak 9:21 specific 11:22; 21:22 specifically 22:20 specifics 10:24 speculate 11:25 SS 29:2 St 8:21; 29:3,11,15; 30:16 staff 8:5 stage 18:23,24 State 29:1,5,11,15; 30:21 stay 15:18; 16:2 steam-generating 19:22 step 17:24 stop 12:9 stopped 12:21 stuck 25:16 Subject 10:4; 11:8; 12:2 subsequent 13:8 substance 21:14 suggest 9:6; 14:9; 21:16 suggestions 12:19 suit 30:13 Suite 29:14 summer 25:21, 24 superintendent 19:20 supply 16:17 sure7:l6 surfaces 13:19 surprise 10:15 surrounding 13:15 sustained 20:14 Swan 16:13,22,25; 20:19;21:10 sworn 6:2; 29:20 symptoms 18:25; 26:15,25 system 19:23 themselves 14:11 therefore 16:2 thereto 30:5 thereupon 29:22 though 25:14 thought 21:9; 22:16 three 16:6; 24:1 to-w'rt 6:6 together 8:6; 30:3 told 17:21;21:19; 22:13; 25:25 traced 16:17 trained 11:12 transcribed 29:25 transcript 29:23; 30:7 transformer 13:2; 14:8,8,15,15,17; 15:5, 5,8 transformers 13:24; 14:4; 15:15, 22; 19:23 trial 29:12 true 12:20; 15:12; 30:6 truth 6:3,3,4; 29:20, 21,21 try 14:14 trying 16.10 tuned 11:3,4,9 two 16:6; 24:1, 21 type 17:20, 21 typewriting 29:25 u under 14:13 underlining 7:2 understood 16:16 undetermined 29:10 unfair 15:24 unit 14:9 unusual 11:14,18 up 15:18; 16:2; 26:18 use 11:10,13,18; 16:8; 22:18 used 13:18; 16:18; 19:23; 26:25; 29:11 using 10:24; 24:2 utilizing 6:21 w waived 30:9 walk 24:9 warning 20:22 wash 26:17 way 7:1; 14:14; 16:3; 24:10 wearing 11:5, 5 Westinghouse 7:7; 8:11,24,24; 9:13,16, 24; 11:25 whatsoever 6:22 whole 6:3; 29:21 WILLIAM 6:1 Wilson 29:4 wipe 13:17 wiped 13:18 wish 23:3,4 witness 11:25; 22:25; 23:4,11,15; 29:16,18; 30:3,8,15 word 22:19 worked 25:3 working 19:20 works 26:21 worse 18:2 written 12:13 WUNDERLICH 11:7,17, 23 Y year 7:14,17 years 17:3; 23:23; 25:8,12 York 13:1; 14:15,18, 22, 24 TV talking 21:9; 22:16 television 24:11 tends 17:22 testified 22:25; 29:22 testify 6:3; 29:20 testimony 10:3; 15:25; 21:5; 23:8; 29:24; 30:2 vague 14:5 vary 17:19,20 verb 7:9 Victoria 29:4 visit 7:7,11,12; 8:25 visited 9:13; 10:8,14 visiting 8:ll visits 8:8 Gore & Perry 800 878-6750 Min-U-Script William B. Papageorge, P.E. VoL 2, June 6, 1994 so-called - York WATER_PCB-SD0000015546