Document rxoOo6arbbezp80m8Yq6vKOgr

FILE NAME: Wagner (WAG) DATE: 1998 Apr 28 DOC#: WAG039 DOCUMENT DESCRIPTION: Legal - Deposition of RC Bueler with Barry Castleman Notes t / ? S 3 ~ />^^ 'Z 9 2 : ?9s ? ^ y 3&#^ ^ '/-V't&-p\^^z af Uc %^Crx2 Z' 7 NO. 94-007165 S T E P H E N F. BLOCK, JR. AND RITA BLOCK, Plaintiffs, VS . MAREMONT ET AL, CORPORATION, Defendants. ) IN THE ) ) ) ) HARRIS ) ) ) ) 215 TH DISTRICT COURT OF COUNTY, T E X A S JUDICIAL DISTRICT VIDEO DEPOSITION OF R I C H A R D C. B U E L E R April 28, 1998 ( 713) 868-1901 Decades In Quality Reporting McCracken & Norton Court Reporters & Records Service 1 NO. 94-007165 2 S T E P H E N P. BLOCK, JR. ) IN THE DISTRICT COURT OF AND RITA BLOCK, ) 3 Plaint!f s, ) 4 VS . ) ) HARRIS COUNTY, T E X A S ) 5 MAREMONT CORPORATION, ) ET AL, 6 Defendants. ) ) 215TH JUDICIAL DISTRICT 7 8 VIDEO DEPOSITION OF 9 R I C H A R D C. B U E L E R 10 11 taken on the 28th day of April, 1998, b e g i n n i n g at 12 10:03 a.m. in the offices of Royston, R a y z o r , 13 Vickery & Williams, 2350 Chase Tower, 600 T r a v i s , 14 Houston, Harris County, Texas, before Judy Conley, 15 a Certified Shorthand Reporter in and for the State 16 of Texas, p u r s u a n t to The Texas Rules of Civil 17 Procedure. 18 19 2 0 21 22 23 24 25 McCracken & Norton Court Reporters Houston, Texas COPY 2 1 APPEARANCES 2 3 FOR THE PLAINTIFFS: 4 MR. R U S S E L L L. COOK, JR. MS. LYNN BRADSHAW 5 COOK BUTLER & DOYLE, L.L.P. 4 Houston Center 6 1221 Lamar, Suite 1300 Houston, Texas 77010 7 8 FOR THE DEFENDANT BRIDGESTONE FIRESTONE: 9 MR. G E O R G E T. S H I P L E Y BAKER & BOTTS, L.L.P. 10 One Shell Plaza 910 Louisiana 11 Houston, Texas 77002 12 FOR THE DEFENDANT CHRYSLER CORPORATION: 13 MS. KATIE ANDERSON 14 STRASBURGER & PRICE, L.L.P. 901 Main Street, Suite 4300 15 Dallas, Texas 75202 16 FOR THE DEFENDANTS CARLISLE AND MOTION 17 CONTROLS : 18 MS. G W E N D. JONES MEHAFFY & WEBER 19 One Allen Center 500 Dallas, Suite 1200 2 0 Houston, Texas 77002 2 1 FOR THE DEFENDANT PNEUMO ABEX CORPORATION: 22 MR. LOU I S H. K N A B E S C H U H , JR. 23 JENKINS, GROVE & MARTIN, L.L.P. 2615 Calder, Suite 500 24 Beaumont, Texas 77702 25 McCracken & Norton Court Reporters Houston, Texas 3 1 FOR THE DEFENDANT MORTON INTERNATIONAL, INC . : 2 MS. KATHRYN HERMES 3 DeHAY & ELLISTON 3500 NationsBank Plaza 4 901 Main Street Dallas, Texas 75202 5 6 FOR THE DEFENDANTS ALLIED SIGNAL, INC. AND GENERAL MOTORS CORPORATION: 7 MS. DAWN MARIE WRIGHT 8 THOMPSON & KNIGHT 3300 First City Center 9 1700 Pacific Avenue Dallas, Texas 75201 10 11 FOR THE DEFENDANT FORD: 12 MR. B E R N A R D O S. G A R Z A CALLIER & GARZA 13 3138 Chevron Tower 1301 McKinney 14 Houston, Texas 77010 15 FOR THE DEFENDANT COOPER INDUSTRIES, 16 INC . : 17 MR. J E F F R E Y J. P U T N A M ROYSTON, RAYZOR, VICKERY & 18 WILLIAMS, L.L.P. 2200 Chase Tower 19 600 Travis Houston, Texas 77002 2 0 ALSO PRESENT: 21 MR. J E F F R E Y E. H I G G I N S 22 MR. MIKE GOLDSTONE (PARTIAL APPEARANCE) 23 MR. CHARLES SNOW, VIDEOGRAPHER 24 25 McCracken & Norton Court Reporters Houston, Texas 1 INDEX 2 E X A M I N A T I O N BY: 3 Mr . Cook 4 Mr . Shipley 5 Mr . Putnam 6 7 FURTHER EXAMINATION BY 8 Mr. Cook 9 10 11 12 13 14 15 16 17 18 19 2 0 21 22 23 24 25 McCracken & Norton Court Reporters Houston, Texas 4 PAGE 6 123 129 134 5 1 EXHIBIT INDEX 2 EXHIBIT NO. PAGE 3 1 Plaintiffs' Amended Notice 6 of Intention To Take Oral 4 Deposition by Stenographic Means and Videotape 5 2 Defendant Cooper Industries, 6 6 Inc's O b j e c t i o n s to Plaintiffs' Amended Notice of Intention To 7 Take Oral Dep os it io n of Richard B u e 1 er 8 3 M a r c h 7, 1934 W a g n e r E l e c t r i c 94 9 Corporation Document 10 4 F o r t y - N i n t h Repo r t of the State 97 Department of Health 11 5 Public Health Reports 106 12 13 14 15 16 17 18 19 2 0 21 22 23 24 25 McCracken & Norton Court Reporters Houston, Texas 6 1 (Whereupon instruments were marked 2 for i de nt ification as Bueler Exhibit 3 No. 1 and Bueler Exhibit No. 2 and 4 are attached hereto.) 5 6 7 MR. COOK: By the Rules, please. 8 MR. PUTNAM: Reserve objections 9 except as to form and responsiveness until the time 10 of trial? 11 MR . COOK: I think that's the Rules 12 MR . P U T N A M : W e l l , I just want to 13 make sure. 14 MR. COOK: Okay. 15 16 17 R I C H A R D C. B U E L E R 18 was called as a w i t n e s s by the P l a i n t i f f s and, 19 having been first duly sworn, testified as follows: 2 0 21 EXAMINATION 22 23 By Mr. Cook: 24 25 Q. Please state your full name for the McCracken & Norton Court Reporters Houston, Texas 7 1 record, sir. 2 A. M y n a m e is R i c h a r d C. B u e l e r 3 B-u-e-l-e- r . 4 Q. Mr. Bueler, how are you employed? 5 A . I'm currently retired. 6 Q. How were you employed? 7 A . I was employed by Wagner. 8 Q. How? 9 A . As an engineer and engineering 10 supervisory positions. 11 Q. What was the highest position that you 12 held with Wagner? 13 A. Director of brake engineering. 14 Q. And when did you hold those positions? 15 That position. I'm sorry. 16 A. From a p p r o x i m a t e l y 1988 to '91. 17 Q. All right. A n d w h a t did y o u do p r i o r to 18 that time? 19 A. Prior to that I was an e n g i n e e r i n g 2 O manager. 21 Q. Okay. Prior to that? 22 A. Prior to that I was also an e n g i n e e r i n g 23 manager. 24 Q. How many years did you work for Wagner, 25 Mr. Bueler? McCracken & Norton Court Reporters Houston, Texas 8 1 A . I worked for Wagner beginning in 1953. 2 S o , 40. 3 Q. And retired in '93? '96? 4 A. R e t i r e d in '93. So, it's 40 years, 5 yeah . 6 Q. Okay. 7 A . I'm not t r y i n g to be -- 8 Q. No. D o n ' t -- d o n ' t w o r r y a b o u t it. 9 It's 10 A . -- o b f u s c a t e here. 11 Q. No. I just -- I just n e e d to just sort 12 of get a general idea. 13 Was all your work during that time 14 in brake engineering? 15 A. Yes, sir. Either brake e ngineering or 16 training for brake engineering. 17 Q. All right. And can you give me a little 18 bit of history about Wagner, the company? Were 19 the y -- are they a b r a k e -- well, let's s t a r t in 2 0 1953 when you went to work for them. Were they 21 manufacturing brakes in 1953? 22 A. Yes. 23 Q Were they m a n u f a c t u r i n g b r akes p r ior to 24 1953 ? 25 A . To the best of my knowledge, yes. McCracken & Norton Court Reporters Houston, Texas 9 1 Q. Tell me w h o the y sol d to w h e n y o u -- 2 let's -- in 1953 w h e n y o u came. 3 A. Bear in mind in 1953 I was a new 4 employee, but I know that we sold brakes to 5 Studebaker at that time. 6 Q. All right. And how did that work just 7 g e n e r a l l y ? You w o u l d p r o v i d e o r i g i n a l e q u i p m e n t to 8 Studebaker vehicles? 9 A. That's what we were doing at that time, 10 yes . 11 Q. All right. Now, in the 40 years that 12 you worked there did they provide brakes to any 13 other companies that manufactured automobiles? 14 A. Y e s , we d i d . 15 MR. PUTNAM: I'm going to object. 16 It calls for a narrative. I think m a y b e if you 17 b r e a k it down into years, it w o u l d be easier I 18 think. 19 MR. COOK: My -- now, m y q u e s t i o n 2 0 was in the 40 year time p e r i o d did you ever provide 21 b r akes to any other a u t o m o b i l e m a n u f a c t u r e r s . I 22 t h i n k his r e s p o n s e is -- is a c c u r a t e in that 23 regard, and I'll b r e a k it d o w n w h e n we -- w h e n we 24 get to t h a t . 25 MS. ANDERSON: And can we just have McCracken & Norton Court Reporters Houston, Texas 10 1 an o b j e c t i o n that -- an o b j e c t i o n by one d e f e n d a n t 2 is good for all defendants present? 3 MR. COOK: No. We're not agreeable 4 to t h a t . 5 Q. (By Mr. Cook) The -- tell me w h a t -- who 6 those companies were, and then we'll get to what 7 time periods in just a second. What other 8 companies ? 9 A. We sold orig i n a l e q u i p m e n t b r a k e s to 10 A m e r ic an Motors and to Ford and to General Motors, 11 International Harvester, Dodge. That's all that 12 comes to m i n d right now. There m a y be some others. 13 Q. All right. If you think of s o m e thing 14 later on -- 15 A. Surely. 16 Q. -- let me know. 17 A . Surely. 18 Q. Can you give me a time frame, we can go 19 through each one of them or h o w e v e r it's easiest 20 for you to do, some time frames w h e n yo u m i g h t have 21 sold to those manufacturers? Let's start wi th G M . 22 A. With GM some time in the late fifties, 2 3 in and out of the sixties, and into the seventies 24 is m y recolle c t i o n . 25 Q. All right. And were those for original McCracken & Norton Court Reporters Houston, Texas 11 1 e q u i p m e n t or w e r e they r e p l a c e m e n t b r a k e s ? H o w -- 2 w h a t -- w h a t type of b r a k e s w e r e they? 3 A. Those were original equipment brakes. 4 Q. Did you also sell to GM or any of the GM 5 subsidiaries replacement brakes? 6 A. Not to my knowledge. 7 Q. All right. D i d -- at an y time did 8 W a g n e r -- w as W a g n e r in the b u s i n e s s of 9 manufacturing brakes that were used other than by 10 original equipment manufacturers? 11 A. We were not in the p o s i t i o n of 12 m a n u f a c t u r i n g brakes, no. 13 Q. Okay. What was it about my q u e s t i o n 14 that -- I c o u l d tell that there w as -- y o u h a d some 15 problem with the way I worded my question. 16 A. Well, I'm not exactly sure what you're 17 shooting for. 18 Q. Okay. I'm t r y i n g to fi n d out -- let me 19 just be real clear what I'm shooting for. I'm 2 0 trying to find out what you m a n u f a c t u r e d , you be ing 21 Wagner, and who you sold it to. A n d if you 22 m a n u f a c t u r e d component parts of brakes or something 2 3 like that, I would be interested in what that was 24 and wh o it was sold to. So, I n e e d to ask y o u 2 5 q u e s t i o n s about that. So, I u n d e r s t a n d that over McCracken & Norton Court Reporters Houston, Texas 12 1 the years you sold brakes to original equipment 2 manufacturers. 3 A. That is correct. 4 Q. All right. And did you ever sell 5 co m p o n e n t parts to anyone? 6 A. Y es. 7 Q. Who did you sell those to? 8 A. Component parts were sold fundamentally 9 to distributors. W a r e h o u s e distributors. 10 Q. W h a t w e r e those p a r t s e n v i s i o n e d -- h o w 11 were those parts envisioned to be used? 12 A. The parts were e nv isioned to replace 13 worn parts on vehicles in the field. 14 Q. Okay. Now, when we talk about 15 distributors, what kind of d i s t r i b u t o r s ? 16 A u t o m o b i l e p a r t d i s t r i b u t o r s or -- 17 A. T h e y w e r e -- the t e r m i n o l o g y that I 18 always had them r e f erred to was w a r e h o u s e 19 distributors. These were companies that I would 2 0 say were relatively large as far as buying parts 21 from many different people, and then they 22 d i s t r i b u t e d them to retail centers or to jobbers or 23 to mechanics. Anyone who might be fixing an 24 automobile. 25 Q. All right. And did any of these brakes McCracken & Norton Court Reporters Houston, Texas 13 1 that we've talked about, either the component parts 2 or the original eq u i p m e n t brak e s that w ere sold to 3 manufacturers, did any of these contain asbestos? 4 A. They contained brake linings that 5 contained asbestos, yes. 6 Q. All right. Is that the only p l ace that 7 there was asbestos in any of these products that 8 we've been talking about in the brake linings? 9 A. To the best of my knowledge, yes. 10 Q. All right, sir. Now, have you ever 11 given your deposition before in all these years 12 w o rk in g for Wagner, Mr. Bueler? 13 A . Yes, I have. 14 Q. On how many occasions? 15 A. I could think of two occasions relative 16 to b r a k e -- b r a k e s of this nature. 17 Q. Well, how about total? 18 A. Total? Four or five. 19 Q. All right. A n d w h e n -- an d d i d any of 2 0 those depositions involve cases in which there were 21 allegations about asbestos? 22 A . Yes. 23 Q. All of them? 24 A . No . 2 5 Q. How many of them? McCracken & Norton Court Reporters Houston, Texas 14 1 A. Two of them. 2 Q. All right. A n d w h a t w e r e -- w h a t did 3 the o t h e r cases -- and I d o n ' t w a n t to k n o w any 4 details, but just generally what did the other 5 cases involve? 6 A. To the best of my recollection 7 allegations of illnesses from some sort of exposure 8 a l l e g e d to come from asbestos. 9 MR. PUTNAM: No. 10 Q. (By Mr. Cook) No. I'm tal k i n g about 11 the - - 12 MR. PUTNAM: The cases that didn't 13 involve asbestos. 14 THE WITNESS: Oh, I'm sorry. 15 Q. (By Mr. Cook) That didn't involve 16 asbestos. 17 A. I 'm -- I'm sorry. I m i s s e d -- d i d n ' t 18 listen p r o p e r l y to the question. The cases that 19 did not involve asbestos you're asking about? 2 0 Q. Yes, sir. I'm asking about those. 21 A. They were other product liability cases. 22 Q. All right. D i d they -- and g e n e r a l l y 23 what did they deal with? The performance of the 24 b r a k e s as o p p o s e d to e x p o s u r e or -- 25 A. They r e l a t e d to the p e r f o r m a n c e of the McCracken & Norton Court Reporters Houston, Texas 15 1 brakes. 2 Q . All right. 3 A. Complements. 4 Q. A n d -- an d can y o u just in a time frame 5 when did these four or five depositions occur? 6 A. One of them occurred in '91. One of 7 them o c c u r r e d in '93. One of them o c c u r r e d I 8 b e l i e v e in '90. A n o t h e r one o c c u r r e d m a y b e in '88 9 or '89. I'm fuzzy on that. That's approximate 10 dates. 11 Q. Have you testified in any trials, Mr. 12 Bueler? 13 A. N o . I have n o t . 14 Q. Now, two of these cases involved 15 exposure to asbestos. Is that right? 16 A. That is correct. 17 Q. And I think you've brought with you 18 today a couple of depositions. Are these the 19 depositions from those cases? 2 0 MR. PUTNAM: They are. 21 MR. COOK: Okay. 22 Q. (By Mr. Cook) Mr. Bueler, is asb e s t o s a 23 poi son? 24 MR. PUTNAM: Objection. Calls for 25 speculation. Mr. Bueler's not here to give expert McCracken & Norton Court Reporters Houston, Texas 16 1 testimony. He's here to testify on the facts. 2 MS. ANDERSON: Join the objection. 3 MS. WRIGHT: Join the objection. 4 MR. SHIPLEY: Join. 5 MR. GARZA: I join in that 6 obj ec t i o n . 7 MS. HERMES: Join. 8 THE WITNESS: I don't know the 9 d e f i n i t i o n of a poison to be honest. 10 Q. (By Mr. Cook) So that w e ' r e -- w e ' r e 11 accurate in that regard, I've brought with me a 12 Webst er 's dictionary. I'm going to ask you to look 13 up the d ef ini ti on of p o i s o n . 14 A . O k a y . I'll be happy to do that . 15 Q. I thou ght it said W e b s t e r 's . Okay. 16 Wha t ever kind of d i c t i o n a r y it is. It m a y not 17 W eb s t er 's. I t h o u g h t it was W e b s t e r 's 18 MR. PUTNAM: Don't read it out loud. 19 THE WITNESS: Okay. 2 0 Q. (By Mr. Cook) Let me k n o w w h e n you' v e 21 h a d a c h a n c e to read it. 22 A. All right. 23 Q. K e e p -- I've got -- if y o u can get b a c k 24 to it again. 25 A. Okay. Okay. W h e r e am I? Okay. McCracken & Norton Court Reporters Houston, Texas 17 1 Q. Please read the first definition for 2 poison contained in the dictionary. 3 A. "Any substance that causes injury, 4 illness or death, especially by chemical means." 5 Q. All right. Is a s b e s t o s a p o i s o n -- 6 MR. PUTNAM: I'm going to r e n e w the 7 objection. 8 Q. (By Mr. Cook) -- u s i n g that d e f i n i t i o n ? 9 MR. PUTNAM: I'm g o ing to r e n e w the 10 obj ec t i o n . 11 MS. ANDERSON: Same objection. 12 MR. PUTNAM: Mr. B u e l e r is not here 13 to give ex p e r t testimony. This is a W e b s t e r ' s 14 dictionary. It has no sc i e n t i f i c basis, no 15 applic at io n of OSHA standards, N IOSH standards, 16 and, therefore, I'd ask Mr. Bueler not to answer 17 that question because he's not here for that 18 purpo se . 19 MS. ANDERSON: Join the objection. 2 0 MR. COOK: A n y b o d y else w a n t to -- 21 MS. WRIGHT: Join the objection. 22 MR. COOK: A n y b o d y else want to join 23 in that objection? 24 MS. ANDERSON: Yes. 25 MR. COOK: Okay. Who all? McCracken & Norton Court Reporters Houston, Texas 18 1 MR . GARZA : I join that o b jec t i o n . 2 MS . WRIGHT : I join the o b je c t i o n . 3 MS . HERMES : I jo i n . 4 MR . COOK : Mr. B u e l e r is a w i t n e s s 5 He is involved in the manufacture. That's a 6 p er f e c t l y proper question, and I'm going to adjourn 7 the deposition and take it before the judge. 8 MR. PUTNAM: I t h i n k -- go ahead. 9 A s k -- if he kno w s the a n s w e r to that q u e s t i o n 10 b a s e d on his k n o w l e d g e w i t h the c o m p a n y -- 11 MR. COOK: Well, you're the one who 12 i n s t r u c t e d him not to ans w e r it. Th a t ' s w h y I 13 stopped. 14 MR. PUTNAM: I d o n ' t w a n t h i m -- 15 y o u 're givi ng h i m a d i c t i o n a r y and tel 1 ing h i m is 16 it a - i s i t a po ison based upon a diet ionary that 17 y o u 're givi ng h i m . 18 MR . COOK: If you've got another 19 diet i o n a r y , we 're happy to do that. 2 0 MR . PUTNAM: No. I d o n 't have to 21 g i v e h,im a die tion a r y . 22 MR . COOK: Okay. 23 MR . PUTNAM: You can ask h i m if 24 Q (By Mr. Cook) U n d e r -- u n d e r the 2 5 defini tion in the d i c t i o n a r y is asb estos a p o i s o n ? McCracken & Norton Court Reporters Houston, Texas 19 1 MS ANDERSON: Objection. 2 Argumentative 3 MR PUTNAM: Same objection I f you 4 know. 5 THE WITNESS: I do not know. 6 Q. (By Mr. Cook) As you sit here today 7 h a v i n g w o r k e d in brakes for W a g n e r for 40 years do 8 you k now w h e t h e r asbestos is i n j u r i o u s to the human 9 body? 10 A. I do not know that. 11 Q. Who at your c o m pany in the 40 years that 12 you w o r k e d there w o u l d know the answer to that 13 question? 14 A. I d o n 't k n o w . 15 Q. Now, people at your company worked with 16 asbes tos, did they not? 17 A . T h e y w o r k e d w i t h b r a k e lin i n g, yes. 18 Q. Which contained asbestos. 19 A . Yes . 20 Q. What health p recautions did they take at 21 your company in reg a r d to asbestos, if any? 22 MR. PUTNAM: Objection. Calls for 23 speculation and it's ambiguous. 24 THE WITNESS: I don't remember any 25 precautions particularly that were taken. McCracken & Norton Court Reporters Houston, Texas 2 0 1 Q. (By Mr. Cook) Okay. In r e g a r d to 2 asbestos, what form was it in w h e n it a r r i v e d at 3 your company? 4 A. Any asbestos that we p u rc ha se d was in 5 the form of brake linings. 6 Q. Who did you purchase the brake linings 7 from? 8 A. V a r i o u s v e n d o r s w h o p r o v i d e d it. 9 Q. Can you give me some names? 10 A. Yes.I can think of A m e r ic an Brake 11 Block, I can think of Bendix, Carlisle, Nuturn, 12 Certified perhaps, Krasny. That's all I can think 13 of at the moment. There may be others. 14 Q. Now, did you ever modify the brake 15 linings in any way after you received them from 16 these suppliers? 17 A. By modify, what do you mean by modify? 18 Q. Well, we can either look in the 19 d i c t i o n a r y or I'll try to come up w i t h -- 2 0 A. No. I w o u l d -- yeah. I w o u l d just -- 21 Q. -- a d e f i n i t i o n for m o d i f y . 22 A. I w o u l d -- no. I wa s just t r y i n g -- 23 Q. Change them in any way. 24 A. We a t t ached the brake linings to metal 2 5 shoes. McCracken & Norton Court Reporters Houston, Texas 21 1 Q. All right. 2 A. And subsequently in many cases we 3 surfaced the lining. 4 Q. All right. How did you attach the brake 5 linings to the shoes? 6 A. Generally one of two basic methods. We 7 e i t h e r g l u e d th e m on, so to speak, a d h e s i v e 8 technique or riveted and a similar technique nuts 9 and bolts in certain cases. 10 Q. Okay. Did you have to drill a hole in 11 the brake linings first when you riveted them? 12 A. In some cases Wagner did. In some cases 13 the supplier did. 14 Q. All right. When Wagner did, what 15 precautions, if any, were used to m a k e sure that 16 asbestos was not released into the environment when 17 the drilling process occurred? 18 A. I don't recall any precautions being 19 taken for that. 2 0 Q. Were you aware that asbestos might be 21 harmful to the human body at that point in time? 22 A. I certainly wasn't. 23 Q. When, if ever, did yo u first b e c o m e 24 aware that asbestos might be harmful to the human 25 body? McCracken & Norton Court Reporters Houston, Texas 22 1 A. Some time in the middle seventies. 2 Q. After that point in time were there ever 3 m o d i f i c a t i o n s made to any of the b r ake linings at 4 Wagner? 5 A. Similar as I already discussed. 6 Q. Once you became aware in the mid 7 seventies that asbestos may be harmful to the human 8 body, did you take any p recautions at that point in 9 time to make sure that asbestos was not released 10 into the environment when the drilling was going 11 on? 12 A. At that point in time I don't believe we 13 were doing any drilling. 14 Q. Okay. That's the reason I asked a 15 m i n u t e ago as to w h e t h e r you w ere still d o ing it in 16 the same manner. You think it had stopped by that 17 point in time? 18 A. No, no. I -- I t h i n k we, W a g n e r , I do 19 not believe Wagner was doing any drilling at that 2 0 point in t i m e . 21 Q. I see what you're saying. You think 22 that the suppliers may have been doing that. 23 A. Yes, sir. Yes, sir. 24 Q. Okay. What about the other modification 25 that you told me about? Some type of was it McCracken & Norton Court Reporters Houston, Texas 23 1 shaving or sanding or something? 2 A. Grinding the surface. 3 Q. All right. A n d w h a t w as -- so that I 4 understand, what was the purpose of grinding the 5 surface? 6 A. The p u r p o s e of g r i n d i n g the surface was 7 to get a dimensional control on the arc that was 8 produced on the brake shoes. 9 Q. All right. They would not always come 10 to you that exactly met your specifications, and 11 you w an t e d them to meet some type of specifications 12 b e fore sale to the a u t o m o b i l e m a n u f a c t u r e r s and 13 others. 14 MR. PUTNAM: Objection. 15 Argumentative. 15 Q. (By Mr. Cook) Is that right? 17 MR. PUTNAM: Same objection. I 18 think he's a n s w e r e d that they w e r e t r y i n g to get it 19 to f i t . 20 THE WITNESS: We were trying to make 21 a -- 22 Q. (By Mr. Cook) T h a t ' s a b e t t e r -- 23 A. -- c o n t r o l l e d radius. 24 Q. T h a t ' s a b e t t e r -- t h a t ' s a b e t t e r 25 q u e s t i o n . You were trying to get it to fit? McCracken & Norton Court Reporters Houston, Texas 24 1 A. Trying to get a c o n t r o l l e d radius. 2 Q. And why was it n e c e s s a r y to get a 3 controlled radius? 4 A. To have proper p er fo rm an ce of the brakes 5 themselves. 6 Q. D i d y o u m a k e t h e m to -- w h e n y o u w e r e 7 making these brakes, did the manufacturers have any 8 s p e c i f i c a t i o n s that you had to meet? 9 A. Yes. 10 Q. An d is that why you were doing this 11 sanding or shaving or w h a t e v e r it is? 12 A. Yes. 13 MS. ANDERSON: Objection. 14 Overbroad. 15 Q. (By Mr. Cook) Tell me how that pro c e s s 16 works so that I'll understand. H o w did this 17 p r o c e s s of m a k i n g it fit work? W hat did you 18 p hy s i c a l l y do to those brake linings? 19 A. After thebrake linings w e r e a t t a c h e d to 2 0 the metal shoe, that assembly of shoe and lining 21 was placed in a fixture and passed across a 22 grinding wheel in a manner that produced a radius. 23 Q. All right. Was there any human 24 i n t e r v e n t i o n in this p r o c e s s ? Wa s -- y o u know, 25 sometimes mechanically things are placed on McCracken & Norton Court Reporters Houston, Texas 25 1 grinding wheels and other times human beings place 2 them on g r i n d i n g wheels as o p p o s e d to some type of 3 m a c h i n e d o ing it. H o w did it w o r k for you guys? 4 A. Typically they were loaded on to a 5 fixture by a man. 6 Q. All right. And then what would happen 7 next ? 8 A. They would be ground, and then they 9 would be unloaded. 10 Q. All right. What precautions were used 11 in the grinding process to make sure that asbestos 12 was not released into the atmosphere? 13 A. T h e r e -- I can thi n k of n o n e that was 14 done to make sure that as b e s t o s was not r e l e a s e d 15 into the atmosphere. 16 Q. How long did this grinding procedure go 17 on? For instance, was it going on still w he n you 18 retired? 19 A. Yes. 2 0 Q. Do you know whether it's still going on 2 1 today? 22 A. I don't know that for a fact, no, sir. 23 Q. All right. W h o -- w h o s h o u l d I ask that 24 question? Who would know that today? 25 A. Perhaps some current employees. McCracken & Norton Court Reporters Houston, Texas 26 1 Q. Well, who took your place? 2 A. Actually no one took my place. 3 Q. Who took over your job responsibilities? 4 A. Actually no one took over my job 5 responsibilities. 6 Q. Nobody does that job any more? 7 A. That is e s s e n t i a l l y correct. 8 Q. Well, w h o -- w h o -- w h o the r e wa s d o i n g 9 a job similar to what you were doing? 10 A. The -- a m a n c a l l e d A l e x A a r o n was d o i n g 11 a job s i m i l a r . 12 Q. Has Mr. Aaron now retired? 13 A. Yes, he is. 14 Q. All right. Where does he live? 15 A . He lives in the St. Louis area. 16 Q All right. And I didn't ask you where 17 you live, Mr. Bueler. Where do you live? 18 A. I live in the St. Louis area also. 19 Q. All right. Do y o u -- do y o u k n o w Mr. 20 Aaron personally? 21 A . Yes, I d o . 22 Q- Do you socialize with Mr. Aaron? 23 A . Not in the sense of running around with 24 him, n o . 25 Q. Wh o -- w ho took o v e r Mr. A a r o n ' s job? McCracken & Norton Court Reporters Houston, Texas 27 1 A. I don't know the answer to that 2 question. 3 Q. I need to ask Mr. Aaron? 4 A . Yes. 5 Q. All right. Now, who was your supervisor 6 when you left? 7 A. When I left, a man named Bill A y m o n d . 8 A - y - m - o - n - d I b e l i e v e is h o w y o u s p e l l e d his name. 9 Q. Is he still your s u p e r v i s o r or still 10 s u p e rvisor out there to the best of y our knowledge? 11 A. To the best of my knowledge he's still 12 an employee. Beyond that I have no knowledge. 13 Q. All right. Were the people that were 14 doing the grinding exposed to any dust as a result 15 of the g r i n d i n g of these b r ake linings? 16 MR. PUTNAM: Object to the question. 17 Assumes facts not in evidence. I think he 18 testified that the parts were put on the machine, 19 they were ground, and then removed off of the 2 0 machine. So, the m a c h i n e was d o i n g the grinding. 2 1 MR. COOK: So, w h a t is y o u r form 22 obj ection? 2 3 MR. PUTNAM: I've a l r e a d y s t a t e d it. 24 It a s s u m e s facts not in e v i d e n c e an d als o -- also 2 5 add that it m i s s t a t e s his p r i o r testimony. McCracken & Norton Court Reporters Houston, Texas 28 1 Q. (By Mr. Cook) Okay. Go ahead and 2 answer. 3 A. Would you restate the question? 4 Q. Were the workers that were around the 5 grinding machine ever exposed to any dust in this 6 process that you've described? 7 A. There probably was some dust exposure. 8 Q. What pre c a u t i o n s , if any, w e r e the 9 workers supposed to use that were around this dust? 10 A. The machines, the grinding machines, 11 were typically equipped with vacuum equipment. A 12 hood on the wheel that sucked the dust, the 13 grindings into a vacuum system for later disposal. 14 That was a general technique used to remove 15 anything like that from a process of that nature. 16 Q. But still w h a t e v e r is a r o u n d a g r i n d i n g 17 area it doesn't get all the dust. Is that correct? 18 MR. PUTNAM: Objection. 19 Argumentative. Assumes facts not in evidence. 2 0 THE WITNESS: I don't know whether 21 it got all of the dust or not. 22 Q. (By Mr. Cook) Well, a m i n u t e ago you 23 said that they probably were exposed to some dust. 24 How would that occur? 25 A. I was at that point thinking that McCracken & Norton Court Reporters Houston, Texas 2 9 1 perhaps it didn't get all of the dust. I don't 2 know w he ther it did or not. 3 Q. D i d the -- w e r e the m e n r e q u i r e d to w e a r 4 any type of respiratory protection? 5 A. Not in the earlier years. 6 Q. How about in the later years? 7 A. I recall them having in some cases some 8 sort of respirator on their face when they were 9 doing some work. 10 Q. Around the grinding machine? 11 A. Yes, sir. I recall that in some 12 instances. 13 Q. Were you curious as to why they might be 14 wearing a respirator around the grinding machine? 15 A. Not at that point in time, no. 16 Q . Why not ? 17 A. Because that was after the warnings and 18 the EPA and so forth had put out i nf o r m a t i o n that 19 asbestos was potentially a dangerous situation. 2 0 Q. So, you thought that p r o b a b l y the re a s o n 21 they were wearing those respirators around the 22 g r inding machine was because of asbestos? 23 MR. PUTNAM: Objection. 24 A r g u m e n t a t i v e . M i s c h a r a c t e r i z e s his t e s t i m o n y as 25 we 11 . McCracken & Norton Court Reporters Houston, Texas 3 0 1 THE WITNESS: I thought it was an 2 a ttempt to comply w i t h the law or the r e g ulations 3 that were in effect at that time. 4 Q. (By M r . Cook) All r i g h t . A n d w h e n 5 y o u 're talking about the 1aw and the r e g u l a t i o n s , 6 y o u 're talking about the law and regulations that 7 apply to asbestos? 8 A . Relat ive from -- y e s . Yes . 9 Q. Do you know -- did you know any o f 10 tha t worked on the gr inders ? 11 A. I don 't know what you mean by know 12 Q. Know their names. 13 A . No . No. No. 14 Q. Over the years when -- were those 15 grinder? there or similar type grinding machines 16 there the entire 40 years that you w o r k e d for this 17 company? 18 A. To the best of my recollection, yes, 19 sir. 2 0 Q. Did you ever know the names of any of 21 the individuals that worked around those machines? 22 A. Not that I can recall. 23 Q. Did you work around those machines? 24 A. Not in any continuing way, no, sir. 25 Q. What would be your connection with those McCracken & Norton Court Reporters Houston, Texas 31 1 grinding machines? 2 A. My connection with the grinding machines 3 would be purely from an engineering viewpoint. 4 Hey, we n e e d c e r t a i n radius. H o w are we g o i n g to 5 get it. I m i g h t go look and see the t e c h n i q u e s 6 that they're using to get the radius. 7 Q. As an e n g i n e e r d e s i g n i n g s y s t e m s -- is 8 that what you did? Design systems? 9 A. Basically, yes. 10 Q. As an e n g i n e e r d e s i g n i n g systems, di d -- 11 w ere you c o n c e r n e d w i t h d e s i g n i n g the systems so 12 that they w ould protect the health of the workers 13 that were working in the systems? 14 MR. PUTNAM: Objection. Vague and 15 ambiguous as to systems and designing. 16 MS. ANDERSON: I join the objection. 17 THE WITNESS: When I was designing 18 systems or components thereof, I was concerned with 19 making systems and components that would do the 2 0 p roper job in the field of stopping vehicles to the 21 best of my capability. 22 Q. (By Mr. Cook) All right. W e r e you 23 concerned that the people that were on the 24 manufacturing line using these systems or assembly 2 5 line, h o w e v e r y o u w a n t to c h a r a c t e r i z e it, m i g h t be McCracken & Norton Court Reporters Houston, Texas 32 1 exposed to some health risk from the materials 2 involved in the procedure or process? 3 MR. PUTNAM: O bj ection as to vague 4 and ambiguous and as to procedure and process. 5 THE WITNESS: I think like most 6 human beings I was concerned with people. Like I'm 7 concerned with you when you walk out of here that 8 you don't cross the street and get run over or 9 something of that nature, but it was not a 10 perceived problem for the materials that I was 11 i n v o l v e d w i t h at the time that it w o u l d require a 12 great deal of forethought on my part. 13 Q. (By Mr. Cook) All right. At some point 14 in time it did beco m e a p e r c e i v e d p r o b l e m in the 15 seventies. Is that correct? 16 A. Relative to asbestos, yes, sir. 17 Q . Right. 18 At that point in time were you 19 i n v o l v e d at all w i t h the g r i n d e r s in any way? In 2 0 d esigning systems that used the grinders, in 21 choosing the grinders or whatever? 22 A. No. Not at all. 23 Q. Did the system basicallyremain 24 unchanged for all those years or were there changes 2 5 in the system? McCracken & Norton Court Reporters Houston, Texas 33 1 MR. PUTNAM: Objection. Vague and 2 a m b iguous as to system. 3 THE WITNESS: Are you r e f e r r i n g to 4 the vacuum system involved grinding the shoes? I'm 5 not sure w h a t y o u ' r e r e f e r r i n g to. 6 Q. (By Mr. Cook) Tel l me -- well, let's 7 start with that. The vac uu m system involved in 8 grinding shoes, when was that put into place? 9 A. It was there when I went there. The 10 general system. 11 Q. All right. And were you ever involved 12 in m o d i f i c a t i o n of that v ac uu mi ng system? 13 A . No . 14 Q. Did it stay the same from w h e n you went 15 there until you left in 1993? 16 A . I d o n 't k n o w . 17 Q. Who would be responsible for that system 18 in the hierarchy there at Wagner? 19 A. Would have been the plant engineering 2 0 individuals. 21 Q. Now, an engineer doing the type of work 22 you were doing, you were involved in meeting 23 specifications and designing things so that brakes 24 w o r k e d I think is sort of how you said. Is that 2 5 right ? McCracken & Norton Court Reporters Houston, Texas 34 1 A. That is correct. 2 Q. Who did you rely on to provide you 3 i n f o r m a t i o n that if there was a h a z a r d o u s m a t e r i a l 4 involved in your process that you were designing, 5 w h a t e v e r it might be, who did you rely on to 6 provide you with information so that you w o u ld know 7 if there was some h a z a r d o u s m a t e r i a l that your 8 process that you were designing had to deal with? 9 A. I can't say I relied on anyone. 10 Q. Well, did you do any personal 11 i n v es t i g a t i o n to determine w h e th e r the m a t e r i a l s 12 that would be involved in the processes that you 13 were designing machines, whatever, were not 14 hazardous to pe ople's health? 15 MR. PUTNAM: Objection. Vague and 16 a m b iguous as to processes. 17 THE WITNESS: We manufactured parts. 18 Basically metallic parts. The metals that we used 19 wer e g e n e r a l l y b e l i e v e d to be n o n h a z a r d o u s as a 2 0 material in the sense that I believe you're 21 talking. So, there was no p a r t i c u l a r r e a s o n to be 22 of concern of that. 23 Q. (By Mr. Cook) My question, Mr. Bueler, 24 is ho w did you know those m e tals were b e l i e v e d to 25 be nonhazardous? McCracken & Norton Court Reporters Houston, Texas 35 1 A. The m e t a l s I'm s p e a k i n g of, a l u m i n u m and 2 steel basically, are materials commonly used in the 3 environment for years and years and years; and 4 there was never any indication that I p e rc ei ve d or 5 received from anyone that they themselves were a 6 problem. 7 Q. Was there somebody at your company that 8 would know about materials? Somebody whose 9 expertise was industrial hygiene, for example, or 10 toxicology? 11 A . No . 12 Q Is there now? 13 A . Not to my knowledge. 14 Q. Can you give me some idea of the volume 15 of b r a k e s and b r a k e l i n i n g s that -- s t r i k e that. 16 Can you give me some idea of the 17 volu m e of your sales? And b r e a k them d own h o w e v e r 18 you want them. 19 MR. PUTNAM: Objection. Vague and 2 0 ambiguous as to sales. We're talking about sales 21 of what? 22 MR. COOK: Well, I asked h im to 23 b r e a k it down h o w e v e r he w a nts it. I'm not sure 24 exactly how they sell. 25 MR. PUTNAM: Same o b j e c t i o n . I 'm McCracken & Norton Court Reporters Houston, Texas 36 1 not sure of what you're asking. 2 MR. COOK: Okay. 3 MR. PUTNAM: You w e r e a s k i n g h i m to 4 break down sales of what? 5 Q. (By Mr. Cook) Did you sell b r a k e s to 6 original equipment manufacturers? 7 A. We sold brakes to original equipment 8 manufacturers. 9 Q . How many? 10 A. I do not know the answer to that 11 question. 12 Q . Is - - 13 A. Seriously. 14 Q. Is it h u n d r e d s oft h o u s a n d s ? 15 A. Over what period of time? 16 Q. This 40 year p e r i o d of time. 17 A. I would think certainly several thousand 18 a year. So, m u l t i p l y that by 40 and y o u can come 19 up with a number; but I have no idea as to the 2 0 numerical quantity. 21 Q. To the best of your k n o w l e d g e is W a g n e r 22 still selling asbestos -containing products today? 23 A. As far as I know, but I have not spoken 24 w i t h anyone in that end of the b usiness in recent 25 months. McCracken & Norton Court Reporters Houston, Texas 37 1 Q. Who is the CEO of Wagner? 2 A. I d o n 't b e l i e v e there is a CEO of 3 Wagner. 4 Q. W h o 's the boss? 5 A . I d o n 't know the ans w e r to that 6 question. 7 Q. Can you tell me the name of any one 8 boss? Anybody in upper management. 9 A. At Wagner, no, I cannot. 10 Q. How about Cooper? 11 A. I b e l i e v e the head of C o o p e r is a man 12 named Mr. Riley I believe. 13 Q. Now, how does this work? Cooper 14 I n d u s t r i e s b o u g h t W a g n e r ? Is that right? 15 A. I would be on very thin ice to answer 16 that question because I think there's some very 17 ticky little legalities of who bought what and that 18 sort of thing. So, I -- 19 MR. PUTNAM: A n s w e r the q u e s t i o n if 2 0 you know. If you don't know, say you don't know. 21 THE WITNESS: I don't know that. 22 Q. (By Mr. Cook) Mr. Bueler, who was head 23 of engine er in g in 1953 when you got there? 24 A. A m a n -- a m a n n a m e d W a l t Free m a n . 25 Q. All right. How long did he remain head McCracken & Norton Court Reporters Houston, Texas 3 8 1 of engineering? 2 A. He was in charge of brake engineering 3 until about 1956 or '57 is my r e c o llection. 4 Q. Who took his place? 5 A. A man named Mr. Wallace. 6 Q. Okay. And how long was he head of brake 7 engineering? 8 A. U n t i l a p p r o x i m a t e l y 1967, 8, 9. 9 Somewhere in that area of time. 10 Q. So, for a l m o s t a d e c a d e ? 11 A . Yes. 12 Q. Okay. Who took over after him? 13 A. A man named Jack Kourik. 14 Q. Can you spell that one for me? 15 A. K-o-u-r-i-k. 16 Q. And how long was he head of brake 17 engineering? 18 A. Prom the time of Mr. W a l l a c e ' s end of 19 tenure until about 1988 is my r e c o llection. 2 0 Q. Okay. And then who took over from him? 21 A. Then I got that particular position. 22 Q. Okay. Can you give me sort of a v i e w of 23 was brake engineering, did it fall into any 24 particular department at Wagner? Who did you 25 report to? McCracken & Norton Court Reporters Houston, Texas 39 1 A. When? 2 Q. At -- at the end. I'm t a l k i n g a b o u t -- 3 A . Oh. 4 Q. -- w h e n y o u w e r e h e a d of b r a k e 5 engineering. 6 A. At the end I reported to this man I 7 mentioned, Bill Aymond. 8 Q. All right. And what was his title? 9 A. I believe he was a Vice P r e s i d e n t of 10 operations. I'm not sure of that exact title. 11 Q. Were there any other engineering groups 12 that also r e p ort e d to him? 13 A. Not to my knowledge. 14 Q. Was brake engineering the only 15 engineering that was going on at Wagner or was 16 the r e -- w e r e there o t h e r a r e a s w h e r e t h e r e was 17 engineering going on? 18 A. There were other areas. 19 Q. What were those other areas? 2 0 MR. PUTNAM: Ar e we t a l k i n g a b o u t -- 21 Q. (By Mr. Cook) At the time y o u -- in 22 1993. Until I switch I'll tell you, but just right 23 at the end for rig h t n o w w h e n y o u -- w h e n yo u 24 retired. 25 MR. PUTNAM: Okay. McCracken & Norton Court Reporters Houston, Texas 40 1 THE WITNESS: Talking about Brake. 2 Wagner Brake. 3 MR. COOK: Right. 4 THE WITNESS: There was no other 5 e n g i n e e r i n g . I r e t r a c t m y -- 6 MR. COOK: Okay. 7 THE W I T N E S S : -- m y e a r l i e r answer. 8 Q. (By Mr. Cook) Now, was W a g n e r Brake part 9 of a larger Wagner? 10 A. Organizationally I cannot answer that 11 que sti o n . 12 Q. Whether you're accurate or not, was 13 there another Wagner entity name that you're aware 14 of ? 15 A . Yes. 16 Q. What was that name? 17 A. Wagner Lighting. 18 Q. Okay. But I take it that Wagner 19 Lighting had nothing to do with the brake 20 manufacture or assembly. 2 1 A. I can agree with that characterization. 22 Q. All right. Now, was there a marketing 23 group at Wagner? 24 A. Yes, there was. 25 Q. Was there a Vice President of marketing? McCracken & Norton Court Reporters Houston, Texas 41 1 Still talking about the 1993 time period. 2 A. Did you ask me was there a Vice 3 President? 4 Q. Yes . 5 A . Not that I recall, but I'm not certain. 6 Q. Who were you selling brakes to in the 7 p eriod of time when you were head of brake 8 engineering? 9 A. Nobody. 10 Q. Okay. So, fr o m 1988 -- am I r i g h t on 11 the time when you became 12 A . Yes. 13 Q. -- head -- 14 A . Yes. 15 Q. - - unt i 1 19 9 3 16 A . Yes. 17 Q. -- yo u did not sell b r a k e s to an y of the 18 original equipment manufacturers. 19 A . That is correct. 2 0 Q. Okay . 21 A . I think that is an a b s o l u t e l y a c c u r a t e 22 statement. 23 Q. All right. W e r e y o u -- w e r e y o u still 24 man ufa cturing these brake linings at that point in 2 5 time and replacement parts? McCracken & Norton Court Reporters Houston, Texas 42 1 MR. PUTNAM: Objection. Assumes 2 facts not in evidence. He's never testified he 3 manufactured brake linings. 4 THE WITNESS: We never did 5 m a n u f a ct ur e brake linings was going to be my 6 answer. 7 Q. (By Mr. Cook) All right. You 8 m a n u f a c t u r e d brake linings attached to brake shoes. 9 MR. PUTNAM: Objection. 10 THE WITNESS: No, sir. 11 MR. PUTNAM: Same objection. 12 THE WITNESS: We did not manufacture 13 brake linings. 14 Q. (By Mr. Cook) Tell me -- tell me w h a t 15 distinction you're drawing. 16 A. We purchased brake linings that we 17 attached to brake shoes. 18 Q. Okay. What did you call the finished 19 attached product? 2 0 A. A shoe and lining assembly. 21 Q. Is it true then that you m a n u f a c t u r e d a 22 shoe and lining assembly? 23 A. In the p e r i o d from '88 to '93? 24 Q . Yes. 2 5 A. The answer is yes. McCracken & Norton Court Reporters Houston, Texas 43 1 Q. All right. And did you also manufacture 2 a shoe and l i n i n g a s s e m b l y in the p e r i o d 1953 to 3 1993 ? 4 A. Yes. 5 Q. Who did you sell the shoe and lining 6 a ssembly to during the period 1988 to 1993? 7 A. Shoe and lining assemblies were 8 t y p i c a l l y sold to w a r e h o u s e distributors. 9 Q. Any that you can remember in this time 10 pe ri od 1988 to 1993? 11 A. I do not know the names of the warehouse 12 d i s t r i b u t o r s if that's the question. 13 Q. Do you know the name of any of them? 14 MR. PUTNAM: Objection. Asked and 15 answered. He said he doesn't know. 16 THE WITNESS: I can't recall any 17 names, no. I'm sorry. 18 Q. (By Mr. Cook) How w o u l d I go about 19 finding out the names of those w ar eh ou se 20 distributors? 21 A. I don't know how you'd go about doing 22 that . 23 Q. H a v e no clue as to h o w I m i g h t -- w h o I 24 m i g h t talk to abo u t w ho y o u w e r e s e l l i n g -- wh o 25 these warehouse distributors were. McCracken & Norton Court Reporters Houston, Texas 44 1 A. I'll speculate what I w o u l d do if I were 2 you . 3 Q . That's gr e a t . 4 MR. PUTNAM: No. 5 THE WITNESS: No. Okay. 6 MR. PUTNAM: Y o u ' r e not g o i n g to 7 speculate or guess. 8 THE WITNESS: Okay. 9 MR. PUTNAM: If you don't know, you 10 don't know. 11 Q. (By Mr. Cook) What w o u l d yo u do if you 12 were me -- 13 MR. PUTNAM: Objection. Vague. 14 Ambiguous. 15 Q. (By Mr. Cook) -- to find out that 16 information? 17 MR. PUTNAM: Same objection. 18 THE WITNESS: Does the objection 19 mean I'm not to answer or what does it mean? 20 MR. PUTNAM: No. Rich, if you know 21 the a n s w e r to his s p e c i f i c question, a n s w e r it. If 22 y o u d o n ' t k n o w -- 23 THE WITNESS: And your question was? 24 Q. (By Mr . Cook) What w o u l d you do i f you 25 me to try to find out the names of who you McCracken & Norton Court Reporters Houston, Texas 45 1 were selling these shoe and lining assemblies to in 2 the 1988, 1993 time period? 3 MR. PUTNAM: Objection. 4 Argumentative. It's not a question based upon his 5 personal knowledge. He does not have to speculate 6 about what he w o u l d do if he was you. 7 THE WITNESS: I will not speculate. 8 Q. (By Mr. Cook) Okay. Did you k now at one 9 time who y ou w e r e s e l l i n g to w h e n y ou w e r e head of 10 engineering for brake linings? 11 A. I never knew -- 12 MR. PUTNAM: Objection. That 13 misstates his prior testimony. He's never 14 testified that he was in charge of brake linings. 15 The regular brake linings. 16 Q. (By Mr. Cook) Let me be m o r e accurate. 17 Your lawyer's correct. Did you know when you were 18 in charge of engineering, brake engineering, in the 19 time period of 1988 to 1993 who you were selling 2 0 to? 21 A. I had p robably heard the names of some 22 companies. 23 Q. And you've forgotten them since that 24 time . 25 A. Yes, that's correct. McCracken & Norton Court Reporters Houston, Texas 46 1 Q. What warnings or information did you 2 provide with your shoe and lining assemblies for 3 the end user? 4 A. There were papers put in the boxes after 5 this became a known or alleged problem that 6 indicated precautions that should be taken in the 7 field when utilizing the units. 8 Q. When did that occur? 9 A. Some time in the middle of the seventies 10 a f t e r the -- O S H A i n d i c a t e d there wa s an a l l e g e d 11 p r o b l e m with the asbestos relative to mechanics. 12 Q. As you sit here today do you believe 13 that there is a p r o b l e m that a s b e s t o s pos e s for 14 mechanic s? 15 MR. PUTNAM: Objection. Calls for 16 speculation. 17 MS. ANDERSON: Calls for a medical 18 opinion. 19 MR. PUTNAM: Objection. Vague and 2 0 ambiguous, too. 21 THE W I T N E S S : I -- I d o n ' t k n o w w h a t 22 I believe on that subject. 23 Q. (By Mr. Cook) All right. W h a t -- ha v e 24 you ever attempted to find out any information 25 about that subject? McCracken & Norton Court Reporters Houston, Texas 47 1 A. In the sense of actively looking for 2 information beyond what was normally published by 3 the OSHA and the EPA? No, sir. 4 Q. I take it by what you said, and correct 5 me if I'm wrong, that yo u then kept up w i t h what 6 was published by OSHA and the EPA. 7 A. A t t e m p t e d to keep up w i t h that, yes. 8 Q. How did you do that, sir? 9 A. We -- the -- we r e c e i v e d d o c u m e n t s from 10 p e o p l e who w o u l d be i n v o l v e d in that sort of thing. 11 Like I remember the FMSI would send out documents 12 occasionally which would indicate what was going 13 on. 14 Q. W h o -- tell me abo u t wh o the FMS -- 15 A. Friction Material Standards Institute. 16 I think that's what that stands for. 17 Q. All right. And did you read the 18 information that was sent by the Friction Materials 19 Institute? 2 0 A. In the -- in the sen s e of y o u b e i n g 21 Wagner, yes. 22 Q. Okay. Well, in the sense of you being 23 you, you Mr. Bueler, did you read those materials? 24 MR. PUTNAM: Objection. Let me get 2 5 my objection. Objection. Vague and a m b i guous as McCracken & Norton Court Reporters Houston, Texas 48 1 to those materials. Are you t alking about a 2 specific document or are you just talking in 3 general terms? 4 He's a s k i n g you, Rich, if you read 5 every single piece of paper from F riction Material 6 Standards Institute. 7 THE WITNESS: I'm confident I did 8 not read every piece of paper from FMSI. 9 Q. (By Mr. Cook) Well, how did you decide 10 w h i c h p i e c e s of p a p e r y o u ' d r e a d f r o m -- f r o m the 11 Friction Materials whatever the institute is? How 12 did you decide? In other words, what I want to 13 k n o w is h o w w e r e -- was it s o m e h o w sent to yo u 14 d i r e c t l y by them? Was it -- d id the c o m p a n y pass 15 it around? Ho w did that work? 16 A. It would be sent to someone in the 17 company and then passed around. 18 Q. All right. Who w ould that be sent to? 19 A. Typically the recipient of that 2 0 information in the time period that I think we're 21 talking about would have been Mr. Kourik. 22 Q. All right. And what time period are we 23 talking about? 24 MR. PUTNAM: I thought we were still 25 talking when he was director of brake engineering. McCracken & Norton Court Reporters Houston, Texas 49 1 MR. COOK: I t h o ught so, too. 2 THE WITNESS: Oh. Oh. Okay. 3 MR. COOK: That's what I want to 4 figure out. 5 THE WITNESS: Okay. Well, obviously 6 Mr. Kourik wasn't there; and I was confused about 7 the time that was -- w e ' r e t a l k i n g about. S i t t i n g 8 here right now I can't remember any particular 9 items that we got from '88 to '93 from FMSI on that 10 subj ec t . 11 Q. (By Mr. Cook) All right. Go b a c k to 12 w h e n Mr. K o u r i k is there b e c a u s e you seem to 13 r e m e m b e r some m a t e r i a l s that came at that time. Is 14 that correct? 15 A. In general, yes. 16 Q. All right. A n d they w o u l d have come to 17 Mr. Kourik? Can you give us some idea what time 18 frame he was there for ten years or more I think 19 you said? 2 0 A. Yes. Tho s e d o c u m e n t s w o u l d h a v e come to 21 him some time in the period where this was an 22 active new subject in the middle seventies. 23 Q. Were you interested in this active new 24 subj ect? 25 A. You speaking of me? McCracken & Norton Court Reporters Houston, Texas 50 1 Q. You personally, sir. 2 A. I was certainly interested, yes. 3 Q. Okay. What was your job title at that 4 time ? 5 A. Manager systems engineering I think. 6 Q. And why were you interested in this new 7 subject as mana ger of systems engineering? 8 A. Because as part of the super vi so ry group 9 there tried to keep up on what was g o i n g on. 10 Q. An d what, if anything, did you learn 11 about asbestos during this middle seventies time 12 period? 13 A. What I learned it was alleged that 14 asbestos causes certain kinds of illnesses. 15 Q. Were there any m e e t i n g s about that at 16 Wagner? About the subject of asbestos? 17 MR. PUTNAM: What time period are we 18 referring to? 19 MR. COOK: In this mid seventies. 2 0 Q. (By Mr. Cook) From now on until I switch 21 again we're talking about this mid seventies time 22 p eriod that you've described as when this 23 information was coming out. 24 A. Okay. Yes. I would say there were some 25 meeting or meetings, yes. McCracken & Norton Court Reporters Houston, Texas 51 1 Q. All right. Can you tell me was there 2 one meet in g or were there a number of meetings? 3 A. T h e r e was -- there was one. W h e t h e r 4 there were more, I cannot say. 5 Q. Tell me -- bu t yo u r e m e m b e r one. 6 A . I remember one, yes. 7 Q. All right. And can you give me some 8 type of time frame about that mee t i n g ? 9 A. The time frame was again in the middle 10 seventies when we got the information about this 11 being a potential hazard. 12 Q. All right. And who called the meeting, 13 if y o u reca l l ? 14 A. I don't know precisely who called the 15 meeting. 16 Q. Wh o -- did yo u a t t e n d the m e e t i n g ? 17 A. Best of my r ec ol lection I attended a 18 meeting, y e s . 19 Q. All right. Was Mr. Kourik there? 2 0 A . Yes. He would have been there. 21 Q. Who else was there that you can recall? 22 A . Another Wagner employee, Mr. Tuegel, 23 would have been there. 24 Q. How do you spell that name? 25 A . T-u-e-g-e-1. McCracken & Norton Court Reporters Houston, Texas 52 1 Q. And where was that meeting held? 2 A. Somewhere in the engineering office. I 3 cannot precisely state where that was. 4 Q. The engineering office at Wagner? 5 A. At Wagner Brake, yes. 6 Q. In what city? 7 A. Oh. In St. Louis. 8 Q. Okay. And some time in the mid 9 seventies. 10 A . Yes, sir. 11 Q. Were there more than three or four 12 people there or were there a large number of people 13 there? 14 A. I don't recall being a largemeeting. 15 Q. Less than ten? 16 A. Oh, c e r t a i n l y less than ten. 17 Q. All right. And do you remember what was 18 discussed at that meeting? 19 A. My r e c o l l e c t i o n we d i s c u s s e d the n e e d to 20 get warnings in boxes and that sort of thing. 21 Q. All right. What was Mr. Tuegel's job 22 description? 23 A. He was an engineering manager involved 24 w i t h b r a k e -- b r a k e d e s i g n an d so forth. 25 Q. Okay. And tell me what was discussed McCracken & Norton Court Reporters Houston, Texas 53 1 that -- a n y t h i n g that y o u can r e m e m b e r a b o u t w h a t 2 was discu ss ed in regard to the warnings. 3 A. Nothing other than the fact my 4 r e c o l l e c t i o n is that there is an a l l e g e d problem. 5 We should take appropriate action to min im iz e any 6 problems that might come from that. 7 Q. All right. What resources did you draw 8 on in order to make effective warnings? 9 MR. PUTNAM: Objection. Vague and 10 ambiguous as to resources and effective warnings. 11 Q. (By Mr. Cook) Do you k n o w w h a t the w o r d 12 effective means? 13 A. Yes. I know what the word effective 14 means I believe. 15 Q. Do you know what the word resources 16 means ? 17 A. In a general sense, yes. 18 Q. What resources did you d raw on to make 19 effective warnings? 2 0 MR. PUTNAM: Same objection. 21 THE WITNESS: We utilized the 22 information that we got from the OSHA and so forth 23 that was indicated. The kinds of steps that should 24 be taken. 25 Q. (By Mr. Cook) O SHA gave you some McCracken & Norton Court Reporters Houston, Texas 54 1 guidelines about how to go about warning? 2 A. My r e c o l l e c t i o n is OSHA i n d i c a t e d the 3 n e e d for it, and s o m e h o w that f i l t e r e d t h r o u g h 4 F M S I , and these people all came up w i t h an idea of 5 wording that would be appropriate. Whether this 6 was OSHA's wording or not, I cannot say now. 7 Q. When you say got filtered through FMSI, 8 can you explain what you mean by that? 9 A. Filtered was probably the wrong word. 10 It was p r o b a b l y a -- FMSI was a c o l l e c t i o n p o i n t 11 for that kind of stuff. That they had p e o p l e who 12 w e r e a c t i v e t r y i n g to find out w h a t was g o i n g on, 13 and then they would furnish that to others. 14 Q. Is it fair to say that you, b e i n g you 15 and these other engineers at Wagner, did not come 16 up with the warnings? You adopted something that 17 someone else had done? 18 A. My best r e c o l l e c t i o n is we a d o p t e d 19 wording that was furnished by OSHA and/or the FMSI. 2 0 Q. And you don't know w h e t h e r it was OSHA 21 or the F M S I . 22 A. Not as I sit here I do not know that. 23 Q. All right. D i d -- di d e v e r y b o d y agr e e 24 at this m e e t i n g right off the bat that some type of 25 warning should be put in these boxes or was there a McCracken & Norton Court Reporters Houston, Texas 55 1 discussion about that? 2 A. My r e c o l l e c t i o n is there w a s n ' t any 3 d i s c u s s i o n abo u t that. So -- 4 Q. Everybody thought it ought to be done? 5 A. It appeared to be a requirement. 6 Q. Oh, okay. 7 A. So, no n e e d --yo u d o n ' t d i s c u s s 8 requirements. 9 Q. You thought it was a g o v e r n m e n t 10 requirement. 11 A. Yes. That's my recollection. 12 Q. Was there any discussion about whether 13 these warnings that you received from whatever 14 entity it was, whether they were effective 15 warnings ? 16 MR. PUTNAM: Objection. Vague and 17 ambiguous as to effective warnings. 18 THE WITNESS: There was no 19 discussion about whether they were or were not 20 effective. It was a matter, hey, we need to take 21 steps to get these warnings in the boxes. 22 Q. (By Mr. Cook) All right. Was there any 2 3 d is cussion at that point in time as to whether or 24 not any of the workers in the man ufa cturing line, 2 5 the grinding area, for instance, might be exposed McCracken & Norton Court Reporters Houston, Texas 56 1 to some hazardous material? 2 A. Not to my r e c o llection. 3 Q. Do you know when Ford Motor Company quit 4 using asbestos in their brakes? 5 A. I don't know that they did. 6 Q. Do you know whether any brake 7 manufacturers have stopped using asbestos in their 8 brakes ? 9 A. I'm not certain. 10 Q. Did you ever hear anything to that 11 effect? 12 A. I heard that manufacturers were 13 a tt empting to get substitute materials. 14 Q. When did you hear that? 15 A. Again this was in the mid seventies when 15 it became apparent that because of r e g ulations that 17 w o u l d be a wise thing to do. 18 Q. In the mid seventies you thought, you 19 being you, Mr. Bueler, that it w ould be a wise 20 thing to do to get su b s t i t u t e for a s b estos? 21 MR. PUTNAM: Objection. 22 Argumentative. It m i s ch ar ac te ri ze s his testimony. 23 THE WITNESS: In the mid seventies I 24 thought it might be wise to do. It e l i m i n a t e s a 2 5 potential legal hassle about warnings and that sort McCracken & Norton Court Reporters Houston, Texas 57 1 of thing. 2 Q. (By Mr. Cook) In the m i d se v e n t i e s did 3 you express your opinion that it might be a wise 4 thing to do to anyone? 5 A. I don't recall. 6 Q. Did you look into any substitute 7 materials for asbestos? 8 A. We tested some substitute materials that 9 were furnished by vendors. 10 Q. All right. When was that testing done? 11 A. Again in the middle to late seventies. 12 Q. Who is res p o n s i b l e for m a k i n g the 13 decision as to w hether any of these substitute 14 materials might actually replace the asbestos? 15 H o w -- h o w was that h a n d l e d ? 16 A. B r a k e l i n i n g s w e r e q u a l i f i e d to -- by 17 test to d e t ermin e w h e t h e r they w o u l d p e r f o r m the 18 n e c e s s a r y task on a v e h i c l e and if they met those 19 tasks, they could be qualified and say whether they 2 0 were made out of asbestos or not. 21 Q. All right. Were there any substitute 22 materials that would pass the test? 23 A. At the time I was the r e -- 24 MR. PUTNAM: Well, let's restrict 25 the time period. McCracken & Norton Court Reporters Houston, Texas 58 1 THE W I T N E S S : F r o m -- 2 MR. PUTNAM: No. Wait, Rich. 3 THE WITNESS: Okay. I'm sorry. 4 MR. PUTNAM: What time period are we 5 talking about, Rich? I mean Russ. 6 MR. COOK: Mid seventies. 7 THE WITNESS: Mid seventies I recall 8 no lining that we tested that we thought was 9 acceptable. 10 Q. (By Mr. Cook) 1980s. 11 A. Same general answer. I cannot recall 12 any specific thing that we decided was acceptable 13 from a performance viewpoint. 14 Q. At any point in time was there an 15 acceptable from a performance standpoint substitute 16 f ound? 17 MR. PUTNAM: Are we talking about 18 brake linings? 19 MR. COOK: Yes. 2 O THE WITNESS: Not to my r ec ol lec ti on 21 for drum brake linings. 22 Q. (By Mr. Cook) For any of the c o m p o n e n t 23 parts that you were using asbestos or that asbestos 24 was in. 25 A. Historically disc brake pads did not McCracken & Norton Court Reporters Houston, Texas 59 1 always contain asbestos. 2 Q. Did you assemble disc brake pads? 3 A . Yes, sir. Shoe and pad assemblies. 4 Q. And were shoe and pad assemblies another 5 product manufactured by Wagner? 6 A. Yes, sir. 7 Q. Who did you sell in the time period that 8 y o u w o r k e d there -- and if it c h a n g e d tell me. 9 A. Urn-hum. 10 Q. Who did you sell shoe and pad assemblies 11 to, y o u b e i n g W a g n e r ? 12 A. To warehouse distributors. 13 Q. The same warehouse distributors that 14 we've talked about before? 15 A. G e n e ra l l y as a class, yes. And I think 16 I s h o u l d hav e said it p l a t e and p a d -- and p a d 17 ass emblies 18 Q. Plate and pad. 19 A. Plate, yeah. I -- 2 0 Q. All right. So, in y o u r e a r l i e r a n s w e r s 21 I ne e d to substitute plate for shoe rather than 22 going back through them. 23 A . Yes, sir. When we're talking about 24 d i s c , it's plates, yes, sir. 25 Q. All right. Now, did you find a McCracken & Norton Court Reporters Houston, Texas 61 1 a s b e s t o s . M o s t -- there m a y h a v e b e e n some that 2 had some asbestos in them, but for the most part my 3 r e c o l l e c t i o n is they w e r e a s b e s t o s free. 4 Q. My que s t i o n is did those pad a s s e mblies 5 ever c o n tain asbestos during this 40 year time 6 period that you worked there? 7 A. I do not believe Wagner ever made any 8 pad and plate assemblies that contained asbestos, 9 but I'm not certain about that. 10 Q. All right. I want to go back to the 11 testing of substitutes for asbestos. 12 A. Um-hum. 13 Q. Were substitutes for asbestos tested 14 only in regard to the shoe and lining a s s e m b l y 15 produc t? 16 A. I don't understand your question. 17 Q. Well, I thi n k that -- I'm g o i n g to try 18 to w r i t e d o w n p r o d u c t s that -- that y o u sold. We 19 know you sold original equipment at some time 2 0 periods, we know that you sold plate and pad 21 assemblies, and I've also written down that you 22 sold shoe and lining assemblies. Is that correct? 23 A. Those are three correct things, yes, 24 sir . 2 5 Q. All right. You also said that you were McCracken & Norton Court Reporters Houston, Texas 62 1 looking at some substitutes for asbestos at your 2 company at some point in time. 3 A. Yes. I said that. 4 Q. All right. Were you searching for 5 substitutes for asbestos that might apply in the 6 shoe and lining assembly product as opposed to the 7 plate and pad assemblies? 8 A. Generally in the shoe and lining area, 9 yes, sir. 10 Q. All right. Tell me am I -- I d o n ' t w a n t 11 to be repetitive. Am I correct in u n d e r s t a n d i n g 12 that you first started looking for substitutes for 13 asbestos in that area about the mid seventies? 14 A. That's best of my recollection, yes, 15 sir . 16 Q. And you continued on looking at possible 17 substitutes for how many years? 18 A. Through the seventies, through the rest 19 of the seventies, and into the eighties. 1 guess 2 0 until I left we were looking for that sort of 21 thing. 22 Q. All right. A n d y o u a l s o s a i d that -- 23 well, let me strike that. 24 How did you go about looking for 25 these asbestos substitutes? McCracken & Norton Court Reporters Houston, Texas 63 1 A. Our vendors would offer potential 2 s u b s t i t u t e s to us, our lining vendors, and we w o uld 3 then test the materials that they had some data on 4 that indicated it would be w o r t hw hi le to test. 5 Q. All right. Did you look to see what 6 your competitors were doing? 7 A. I don't know what you mean by did we 8 look to see what our competitors were doing. 9 Q. Well, do you know whether your 10 competitors were selling shoe and lining assemblies 11 that did not contain asbestos? 12 A. I'm going to demur on that b e c a u s e 13 t h e r e ' s some s p e c i f i c s that I -- 14 MR. PUTNAM: If you know, answer. 15 THE W I T N E S S : I -- 16 MR. PUTNAM: If you don't know, 17 d o n 't answer 18 THE WITNESS: I don't know. 19 Q. (By Mr. Cook) Do you k n o w w h e t h e r there 2 0 w e r e any p r o d u c t s -- 21 THE WITNESS: Can I talk to you a 22 minute? 23 MR. PUTNAM: Sure. Take a break for 24 a minute. 25 MR. COOK: Okay. McCracken & Norton Court Reporters Houston, Texas 64 1 THE VIDEOGRAPHER: 11:11. We're off 2 the record. 3 4 5 (Brief r e c e s s .) 6 7 8 THE VIDEOGRAPHER: 11:18. We're on 9 the record. 10 Q. (By Mr. Cook) Mr. Bueler, did you have a 11 chance to confer with your attorney? 12 A. Yes. 13 Q. Do you have an answer to my question? 14 A. Would you restate the question? 15 MR. COOK: I'm goi n g to get the 16 court r e p o r t e r to read it back to you. 17 18 19 (The court reporter read the 2 0 q u e s t i o n .) 2 1 22 23 MR. COOK: Why don't you read the 24 one before that, too, for him. 25 McCracken & Norton Court Reporters Houston, Texas 65 1 (The court reporter read the 2 ques t i o n .) 3 4 5 THE WITNESS: And I do not know the 6 answer to that. 7 Q. (By Mr. Cook) You don't kno w what your 8 competitors were doing? 9 A. Relative to the question you asked. 10 Q. Did you know what your competitors were 11 doing relative to any other issues? 12 MR. PUTNAM: Objection. Overbroad. 13 Calls for a narrative. 14 MS. ANDERSON: Same objection. 15 THE WITNESS: What issues? 16 Q. (By Mr. Cook) I think the q u e s t i o n can 17 be answered yes or no, and then I'll follow up on 18 it . 19 MR. PUTNAM: I think he asked you 2 0 what other issues. Right? 21 THE W I T N E S S : I -- 22 Q. (By Mr. Cook) My -- my q u e s t i o n -- my 23 q u e s t i o n is w e r e there an y o t h e r i s s u e s -- a nd y ou 24 don't have to list them. I just want a yes or a no 25 answer. Were there any other issues in which you McCracken & Norton Court Reporters Houston, Texas 66 1 were aware what your competitors were doing? 2 A . Yes. 3 Q. What were those? 4 A. We would typically knowwhether they 5 were offering a particular part for a particular 6 application. 7 Q. Anything else? 8 A. Not that I can think of offhand. 9 Q. Now, was Wagner Brake a member of FMSI? 10 A. I don't know the answer to that. 11 Q. Am I correct, and I want you to tell me 12 if I'm not correct, that the reason that you 13 decided, you being Wagner, decided to put warnings 14 in these boxes in which these shoe and lining 15 assemblies came was because of legal requirements 16 only? 17 MR. PUTNAM: Objection. Asked and 18 answered. I think he testified they put them in 19 there because they got some bulletins. 2 0 THE W I T NESS: A n d I think I said to 21 comply with the requirements. 22 Q. (By Mr. Cook) Did the h e a l t h of the 23 potential consumers or users of brakes play any 24 role w h a t so ev er in the decision to place the 2 5 warnings in the boxes? McCracken & Norton Court Reporters Houston, Texas 67 1 A. I d o n 't k n o w . 2 Q. Was it ever discu ss ed at the meeting? 3 A. Not to my recollection. 4 Q. Who would know better than you whether 5 or not the health and safety of the users or 6 consumers of the products that you were 7 manufacturing were a reason for placing the 8 warnings in the shoe and lining assembly boxes? 9 MR. PUTNAM: I'm going to object. I 10 think he's already testified that they'd received 11 documents from OSHA and from FMSI detailing 12 p otential hazards to these people. That's why the 13 instructions were included. 14 MR. COOK: Counsel, if you coach the 15 witness, I'll stop the deposition. You're entitled 16 to mak e obj e c t i o n s as to form and I'm h a p p y to let 17 y o u m a k e them, bu t I 'm not -- 18 MR. PUTNAM: Okay. 19 MR. COOK: -- g o i n g to let y o u c o a c h 2 0 the w i t n e s s . 21 MR. PUTNAM: M y o b j e c t i o n to f o r m is 22 a s k e d and a n s w e r e d and that ' s w h a t -- 23 MR. COOK: That's fine. 24 Q. (By Mr. Cook) Can you r e s p o n d to my 2 5 question? McCracken & Norton Court Reporters Houston, Texas 68 1 A. Would you repeat it? 2 MR. COOK: I'm going to ask the 3 court reporter to read it back. 4 5 6 (The court reporter read the 7 q u e s t i o n .) 8 9 10 THE WITNESS: I don't know who would 11 know better. 12 Q. (By Mr. Cook) As head of b r a k e 13 e ngineering from 1988 to 1993 did you think it was 14 important to provide consumers and users of your 15 product information so that your product could be 16 safely used by those consumers or users? 17 A. As a general answer, yes. 18 Q. What did you do personally in your 19 p o s i t i o n as h e a d of b r a k e e n g i n e e r i n g from 1988 to 20 1993 to make sure the consumers or users of your 21 p r o d u c t s w e r e k n o w l e d g e a b l e a b o u t the s a f e t y -- the 22 safe and appropriate use of those products? 23 A. We attempted to assure that the warnings 24 were put in the boxes. 25 Q. Anything else? McCracken & Norton Court Reporters Houston, Texas 69 1 A. We tested our c o m p onents to make sure 2 that they would function as desired. 3 Q. Anything else? 4 A. Not that I can recall. 5 Q. Did you ever make any effort to 6 determine whether or not the warnings were actually 7 g e t t i n g to the c o n s u m e r s or users? 8 A. I have no knowledge. 9 Q. I'm a s k i n g yo u w h a t y o u d i d as -- d u r i n g 10 your p e r i o d of time as head of b r ake e n g i n e e r i n g at 11 Wagner. 12 A. I made no effort to find out w h e t h e r the 13 w a r n i n g s were getting to the consumers. 14 Q. During your years as head of brake 15 e n g i n e e r i n g at W a g n e r did y o u m a k e any e f f o r t to 16 d e t e r m i n e w h e t h e r or not a s b e s t o s was h a r m f u l to 17 the users or consumers? 18 A. I made no such efforts. 19 Q. Did anyone else at the company make such 20 efforts of which you're aware? 21 A. I don't know. 22 Q. W h e n w e r e yo u -- y o u ' v e tol d me this 23 b e f o r e and we can look at the dates, but if y o u can 24 remember when these depositions were generally 25 taken. I think you've told me you've given me McCracken & Norton Court Reporters Houston, Texas 7 0 1 these two depositions in other asbestos cases. 2 A. Um-hum. 3 Q. Do you remember when generally they were 4 taken? 5 A. One was in '91 and one was in '93 as I 6 remember. 7 Q. All right. In 1991 you were still 8 working for the company. 9 A. That is correct. 10 Q As head of brake engineering. 11 A . Yes . 12 Q. And apparently at that point in time 13 your company had been sued by someone who was 14 c l a i m i n g a h e alth p r o b l e m in regard to asbestos 15 from exposure to brakes. Is that y our 16 understanding? 17 A . That's my understanding. 18 Q. How long were you deposed on that 19 occasion? 2 0 A. It wa s one -- it did no t take m o r e than 21 one da y is my r e c o l l e c t i o n . 22 Q. All right. After that experience did 23 you go back and try to determine w h et he r or not 24 there indeed might be a problem with asbestos from 25 brakes sold by your company? McCracken & Norton Court Reporters Houston, Texas 71 1 A. I did not do that. 2 Q. Why? 3 A. It was beyond my kin. 4 Q. All right. Did you seek help from 5 someone that had sufficient knowledge to help with 6 that matter? 7 A. N o . I did n o t . 8 MR. PUTNAM: Objection. He says he 9 di d n 't do i t . 10 THE WITNESS: I did not. 11 Q. (By Mr. Cook) All right. Now, in 1993 12 the second time you were called to give a 13 d ep osition in an asbestos case. Is that correct? 14 A. That is correct. 15 Q. And how long did that deposition take? 16 A. That was in the nature of a day as I 17 recall. 18 Q. Were you still head of brake engineering 19 or had you retired at that point in time? 2 0 A. I was not head of brake e ngineering at 21 tha t ti m e . 22 Q. Had you retired? 23 A. I was not retired. I was on special 24 assignment. 25 Q. All right. When you gave this McCracken & Norton Court Reporters Houston, Texas 72 1 deposition on special assignment in 1993, after the 2 dep os it io n did you make an effort to determine 3 whether or not the asbestos in the products which 4 your company sold might be having ill effects on 5 the health of consumers or users? 6 A. No, sir. I did not. 7 Q. Why not? 8 MR. PUTNAM: He's already answered. 9 MR. COOK: No. He a nswered in 10 r e gard to the 1991. I want to k n o w about the 1993. 11 THE WITNESS: Again it was beyo nd my 12 kin . 13 Q. (By Mr. Cook) All right. Now, tell me 14 about this special assignment. Did you retire and 15 then come back on special assignment or did you 16 just stop being head of brake engine er in g and get 17 some special assignment? 18 A. I stopped being head of brake 19 engineering. 2 0 Q. And what was the date of that in 1993 21 the -- m o n t h or s o m e t h i n g like that. 22 A. I stopped being head of brake 23 e n g i n e e r i n g in I b e l i e v e F e b r u a r y of '91. 24 Q. Okay. And then you went on special 2 5 assignment ? McCracken & Norton Court Reporters Houston, Texas 73 1 A. Yes. 2 Q. W h a t -- w h a t wa s y o u r s p e c i a l 3 assignment? 4 A. To consult onmatters technical relative 5 to the b r a k e s . 6 Q. Did that include consulting on 7 asbestos-related matters? 8 A . Y e s , it d i d . 9 Q. How much time did you spend consulting 10 on a s bestos-related matters? 11 MR. PUTNAM: Objection. Vague and 12 ambiguous as to a s b e s t o s -related matters. 13 Go ahead. 14 THE WITNESS: I can't answer that in 15 quantity of time. 16 Q. (By Mr. Cook) Was it m o r e than a mo n t h ? 17 MR. PUTNAM: Objection. He said he 18 c a n 't answer. 19 THE WITNESS: F r o m '91 to '93 I 2 0 responded at different times to questions. 21 Q. (By Mr. Cook) All right. And w h e n you 22 say r e s p o n d e d to questions, what do you mean? 23 A. I mean if s o m e b o d y w o u l d ask me about 24 the kind of questions you might be asking, when did 2 5 we do warnings and that sort of thing, I would McCracken & Norton Court Reporters Houston, Texas 74 1 answer those questions. 2 Q. Who asked you those questions? 3 A. Typically those questions were asked by 4 our legal people. 5 Q. Did 6 MR. PUTNAM: And I'm going to 7 i n s t r u c t you not to discuss any d i s c u s s i o n s wit h 8 your legal counsel during that time period. 9 Q. (By Mr. Cook) I don't want you to tell 10 me a n y t h i n g they said, but I do want to kno w who 11 they were. What legal people did you discuss this 12 with? But don't tell me what you discussed. 13 Just 14 A . With a man named David Medina. 15 Q. All right. Is Mr. M e d i n a an i n - h o u s e 16 lawyer? Do you know what that means? 17 A. Yes. He was at the time. 18 Q. All right. Who else? 19 A. B a s i ca l l y him. If there w ere anyone 20 else, I don't recall specifically. 21 Q. After you stopped being head of brake 22 engineering and went on special assignment, did you 23 office near Mr. Medina? 24 A. No . 25 Q. Did you meet with Mr. Medina on more McCracken & Norton Court Reporters Houston, Texas 75 1 than ten occasions? 2 MR. PUTNAM: Objection. We're not 3 going into attorney-client matters in ongoing 4 1itiga ti o n . 5 MR. COOK: The p r i v i l e g e is for 6 a t t o r n e y -c 1 ient c o m m u n i c a t i o n s . I h a v e a right to 7 ask him how many times he met with his lawyer and 8 who the lawyer was. That's all I'm asking. 9 MR. PUTNAM: And I'm instructing him 10 not to answer. 11 MR. COOK: You're instructing the 12 w i t n e s s not to a n s w e r h o w m a n y -- 13 MR. PUTNAM: You're asking him about 14 meetings that he had with legal counsel, Russ. 15 That's what you're asking him about. 16 MR. COOK: A n d w h a t -- a nd w h a t 17 privilege are you asserting? 18 MR. PUTNAM: I'm asserting the 19 a t t o r n e y -c 1 ient privilege. If you intend on going 2 0 into the meetings that he had with legal counsel, 21 he's not answering questions about that. 22 MR. COOK: Ar e y o u -- let me -- let 23 me phrase -- 24 MR. PUTNAM: H e ' s a n s w e r e d -- 25 Q. (By Mr. Cook) Let me p h r a s e the q u e s t i o n McCracken & Norton Court Reporters Houston, Texas 76 1 again. Did you meet more than ten times with Mr. 2 Medina ? 3 A . No . 4 Q. All right. At your m eetings with Mr. 5 Medina was there anyone ever present other than you 6 and Mr. Medina? 7 MR. PUTNAM: Objection. I'm not 8 he's not going into these meetings that he had with 9 legal counsel, Russ. 10 MR. COOK: Are you i nstructing him 11 not to answer that? 12 MR. PUTNAM: I'm instructing him not 13 to answer about m e e t i n g s that he had w i t h legal 14 counsel. 15 Q. (By Mr. Cook) Are you not g o i n g to 16 answer my question, Mr. Bueler? 17 A. I'm going to follow my a t t o r n e y ' s 18 advi ce . 19 Q. Were there any non-lawyers ever present 20 at any of the meetings with Mr. Medina and you? 2 1 MR. PUTNAM: And I'm going to 22 continue with the same objection to the extent that 23 those people may be entitled to assert the rights 24 of a t t o r n e y -c 1 ient privilege, investigative 25 privilege, and work product privilege. McCracken & Norton Court Reporters Houston, Texas 77 1 MR. COOK: They may well be. 2 MR. PUTNAM: T h o s e are n ot -- 3 MR. COOK: I'm not going to ask him 4 about what they said at the meetings. I'm just 5 asking who they are. I'm entitled to know who they 6 are . 7 MR. PUTNAM: No. You're not 8 entitled to know everybody at the meetings. 9 MR. COOK: I think I am. So, we 1 0 h a v e a -- we hav e a -- we hav e a d i f f e r e n c e in 11 o p i n i o n about that. So, you can i n s t r u c t h i m not 12 to answer it or not. 13 MR. PUTNAM: Well, I instruct him 14 not to answer anything about the mee ti ng s that they 15 had with legal counsel. 16 Q. (By Mr. Cook) Are you r e f u s i n g to answer 17 that question? 18 A. I'm following the advice of counsel. 19 Q. Were there any meetings between you and 2 0 Mr. M e d i n a w h e r e it w as a t t e n d e d -- w h e r e tho s e 21 meetings were attended by someone that was not a 22 lawyer or did not work for Wagner? 23 MR. PUTNAM: I'm g o i n g to o b j e c t to 24 the question as compound, and I'm also asserting 25 the privilege. McCracken & Norton Court Reporters Houston, Texas 7 8 1 Q. (By Mr. Cook) Are you r e f u s i n g to answer 2 that question, sir? 3 MR. PUTNAM: I'm instructing him not 4 to answer that question. I also have the 5 obj e c t i o n . 6 THE WITNESS: I'm following the 7 advice of counsel. 8 Q. (By Mr. Cook) All right. Well, I need 9 to cure the -- the c o m p o u n d p a r t of the q u e s t i o n . 10 Were you ever at any meetings with Mr. Medina and 11 someone from outside Wagner that was not an 12 attorney? 13 MR. PUTNAM: And I'm i nstructing him 14 not to answer on the p r e v io us ly asserted 15 privileges. 16 Q. (By Mr. Cook) Are you r e f u s i n g to 17 answer? 18 A . And I'm refusing to answer for the same 19 reason. 2 0 Q Now, sir, other than the lawyer for 2 1 Wagner, did you talk with any other people a t 22 Wagner when you were on special assignment about 23 a s h e s to s? 24 MR. PUTNAM: A n d I -- w i t h Mr. 2 5 Medina. McCracken & Norton Court Reporters Houston, Texas 7 9 1 MR. COOK: No. I'm finished with 2 that 3 MR. PUTNAM: Rephrase the question. 4 R e p h r a s e it. Let me hear it. 5 MR. COOK: W h y d o n't we just r e ad it 6 back . 7 MR. PUTNAM: Right. 8 9 10 (The court reporter read the 11 q u e s t i o n .) 12 13 14 MR. PUTNAM: O b j e c t i o n form of 15 the -- o b j e c t i o n . Vague, a m b i g u o u s , o v e r b r o a d , and 16 calls for a narrative, and it's not limited in time 17 or s c o p e . 18 THE W I T N E S S : I d o n ' t b e l i e v e so. 19 Q. (By Mr. Cook) All right. Now, at any 2 0 point in time on special assignment regarding 21 asbestos did you look into the matter of whether 22 the users or consumers of Wagner products were at 23 risk from the asbestos contained in those products? 24 MR. PUTNAM: I'm g o i n g to o b j e c t as 25 argumentative. You stated that he was on special McCracken & Norton Court Reporters Houston, Texas 80 1 assignment for asbestos. I believe that 2 mischaracterizes his testimony. 3 Q. (By Mr. Cook) You can go a h ead and 4 answer. 5 A. I did not d e t e r m i n e -- m a k e an y e f f o r t s 6 to d e t e r m i n e . 7 Q. All right. A n d I am c o r r e c t that one of 8 the things that related to your special as s i g n m e n t 9 was asbestos matters. 10 A. That is correct. 11 Q. B e c a u s e y o u r l a w y e r obje c t e d , I n e e d to 12 ask this -- this q u e s t i o n again. In r e g a r d to 13 t h o s e a s b e s t o s m a t t e r s that -- w h i c h y o u d e a l t w i t h 14 on your special assignment, did you ever make any 15 i n q u i r y as to w h e t h e r or not the p r o d u c t s that were 16 manufactured and sold by Wagner that contained 17 asbestos might be harmful to the h e a l t h and w e l fare 18 of the consumers and users of those products? 19 A. No . 2 0 Q. Do you know anybody at Wagner that ever 21 made that inquiry? 22 A . I d on 't k n o w . 23 Q. Do you believe as you sit here today 24 that that inquiry should have been made some time 2 5 between 1975 and the present? McCracken & Norton Court Reporters Houston, Texas 81 1 MR. PUTNAM: Objection. Calls for 2 speculation. 3 THE WITNESS: I don't know. 4 Q. (By Mr. Cook) Let me be spe c i f i c about 5 what I'm asking. Do you believe as you sit here 6 today that someone at Wagner should have made an 7 a t t empt to d e t e rm i n e d u r i n g the y e ars 1975 to the 8 pr e s e n t as to wh e t h e r or not the asbestos that was 9 contained in the products that they were selling 10 m i ght be harmful to the users or c o n s u m e r s of those 11 product s? 12 MR. PUTNAM: Objection. Asked and 13 answered. He's testified he does not know. 14 THE WITNESS: I don't know. 15 Q. (By Mr. Cook) You don't have an opi n i o n 16 one way or the other. 17 A. No . 18 Q. Do you know whether anyone atWagner 19 that worked in or around the grinding machines ever 20 had any asbestos -related problems? 21 A. I have no knowledge. 22 Q. Yes or no y o u h a v e nok n o w l e d g e or -- 23 A. I have no knowledge whether anybody had 24 any problems. 25 Q. Okay. As you sit here today do you McCracken & Norton Court Reporters Houston, Texas 82 1 believe that someone should have determined whether 2 or not any of those men or w omen that were w or ki ng 3 around the grinders had any problems with asbestos 4 as an engineer? 5 MR. PUTNAM: Objection. Compound, 6 vague, and ambiguous, and calls for speculation. 7 THE WITNESS: And I don't know. 8 Q. (By Mr. Cook) W h e n you w ere in 9 engineering school and you were designing machines, 10 were you taught that one of the things that you're 11 s u p p o s e d to c o n s i d e r in d e s i g n i n g tho s e m a c h i n e s is 12 the safety of the workers that will be using those 13 machines ? 14 A. No . 15 Q. No one ever taught you that. 16 A . No . 17 Q. Do you agree that that should be a 18 consideration, the safety of the people that are 19 working around the machines? 2 0 MR. PUTNAM: Objection. 21 Argumentative. He's never testified that he 22 designed the machines, Russ. 23 THE WITNESS: I have never designed 24 machines. 2 5 Q. (By Mr. Cook) W h e t h e r y o u ' v e d e s i g n e d McCracken & Norton Court Reporters Houston, Texas 84 1 the plant worked properly from a machinery 2 viewpoint and that sort of thing. 3 Q. And, so, they w o u l d be the ones in 4 d e s i g n i n g the m a c h i n e s that -- if the y d e s i g n e d 5 them or whoever designed them would be the ones 6 that w o u l d need to be c o n c e r n e d w i t h the safety of 7 anyone. 8 A. That is correct. 9 Q. Okay. Can you give me some names in 10 that department? 11 A. I remember a Mr. Whitely. 12 Q. And what was his job title? 13 A. He was like plant engineer I think was 14 his n a m e . 15 Q. Who is Mr. W e i s k o p f ? 16 A. Mr. Weiskopf was a man whose job was in 17 the pe r s o n n e l de p a r t m e n t as safety m a n of some 18 sort . 19 Q. All right. W ould he be responsible in 2 0 any way for the safety of the workers that might be 21 working around these grinding machines? 22 A. He w o u l d be r e s p o n s i b l e to try to 23 preclude problems from developing, yes. 24 Q. Such as a sbestos p r o b l e m s ? 2 5 A. Perhaps. McCracken & Norton Court Reporters Houston, Texas 83 1 the m a c h i n e s or not, do y o u -- is it g e n e r a l l y 2 accepted from an engineering principle that the 3 design of machines or systems should be done in a 4 manner taking into consideration the safety of the 5 workers that are using those systems and machines? 6 A. The overall safety should be considered. 7 Q. Who should consider it? 8 A. Whoever has potential I suppose. 9 Q. Who w o u l d have p o t e n t i a l in r e g a r d to 1 0 the machines, the grinding machines and the system 11 of w h ic h they were a part at Wagner? 12 MR. PUTNAM: Objection. Vague and 13 ambiguous. Do you have a time period? 14 Q. (By Mr. Cook) D u r i n g the 40 yea r s you 15 worked there who would have had potential? 16 MR. PUTNAM: Objection. Vague and 17 ambiguous as to potential. 18 THE WITNESS: I suppose our plant 19 engineering group. 2 0 Q. (By Mr. Cook) All right. How did your 21 job relate to the plant engineering group? 22 A. Very m arginally, if at all. 23 Q. Explain what the plant engineering group 24 was . 2 5 A. Plant engi n e e r i n g ' s job was to see that McCracken & Norton Court Reporters Houston, Texas 85 1 Q. Does he still work for the company? 2 A. No. He does not. 3 Q. When did he leave? 4 A . I d o n 't k n o w . 5 Q. Was it before or after you left? 6 A. I b e l ieve it was b e fore I left. 7 Q. Who took his place? 8 A. I don't believe anyone took his place. 9 Q. Who is Mr. Luna? 10 A. Mr. Lu n a is a -- was a e m p l o y e e of the 11 personnel department. 12 Q. Okay. Did those men have any say in 13 regard to whe t h er or not warn i n g s went out in the 14 boxes about asbestos? 15 A . Not in a general s e n s e , n o . 16 Q. How about in a specific sense? 17 A . No . Not even in a specific sense. 18 Q. Anybody -- other than when you had this 19 meeting that you've told me about about putting the 2 0 inserts in the boxes, was there anyone there from 21 safety or any of these other groups that y o u've 22 told me about? 23 A. Not to my r e c ollection. 24 Q. All right. How was it that you 25 i m p l e m e n t e d the d e c i s i o n to put in some type of McCracken & Norton Court Reporters Houston, Texas 86 1 warning? 2 MR. PUTNAM: Objection. Asked and 3 answered. 4 THE WITNESS: I think as I stated 5 before, there was indications that there was a 6 r eg ulatory need to put a warn in g in the box. 7 Q. (By Mr. Cook) I guess m a y b e I'm not 8 m a k i n g m y q u e s t i o n clear. H o w -- h o w d i d that 9 actually get implemented? Did somebody then start 10 putting them in the boxes with some order written? 11 How did that happen? 12 A. Yeah. Somebody started p u tt in g it in 13 the box, yes, I mean, to not be f a c e t i o u s a b o u t it. 14 Q. Well, but who was in charge of that? 15 That's that I'm trying to get at. 16 A. The e n g ineering dep a r t m e n t w o u l d say, 17 hey, put this in the box as a general matter. 18 Q. And who w ould you say it to? 19 A. We w o u l d say it to our p r o d u c t i o n 20 people. 21 Q. All right. And who was the h ead of 22 production? 23 A. When? 24 Q. In the time that this wa s -- 1975, m i d 25 '70 time period. McCracken & Norton Court Reporters Houston, Texas 87 1 A. I b e l i e v e a Mr. D u d l e y was in charge of 2 production at that time. 3 Q. Have you ever seen the skull and 4 crossbone warning on poisons? 5 A . Yes, I h a v e . 6 Q. How long can you remember seeing that? 7 A . Oh, I c a n 't tell you w h e n I first saw 8 that. 9 Q. Do you remember seeing it as a child? 10 A. C e r t a i n l y as a y o ung man I suspect, but 11 I don't know that. 12 MR. PUTNAM: Ar e y o u t a l k i n g -- 13 object. I'm going to object as vague and 14 ambiguous. Are you talking about skull and 15 crossbones only for chemicals or for land mines or 16 what are we talking about? 17 MR. COOK: I think the question was 18 clear. 19 MR. PUTNAM: The question was not 2 0 clear. That's why I'm objecting as vague and 21 a m b i g u o u s . W h a t are y o u a s k i n g -- w h a t are y o u 22 asking him? The first time he saw a skull and 23 crossbones ? 24 MR. COOK: Yes. 25 MR. PUTNAM: Period. McCracken & Norton Court Reporters Houston, Texas 88 1 MR. COOK: Period. 2 THE WITNESS: Probably some time 3 when I was a young man I guess. 4 Q. (By Mr. Cook) All right. W h e n was the 5 first time that you saw them in regard to poisons? 6 A . Probably in that same time frame. 7 Q. Did you know what the skull and 8 crossbones meant? 9 A. It implied danger, yes. 10 Q. Did it c o m m u n i c a t e to you that some 11 further i n v e s t i g a t i o n was n e e d e d in r e g a r d to using 12 or dealing with whatever you saw the skull and 13 crossbones on? 14 MR. PUTNAM: Objection. Calls for 15 speculation. 16 THE WITNESS: Not necessarily. 17 Q. (By Mr. Cook) W hat did the i m p l i c a t i o n 18 of danger m ean to you? 19 A . Use caution. 20 Q. All right. D i d y o u do -- ever do any 21 remanufac turing at Wagner? 22 A. Can you define remanufacturing for me? 23 Q. Were shoes that were used typically 24 returned from the field? 25 A . Yes . McCracken & Norton Court Reporters Houston, Texas 89 1 Q. All right. And then what did you do at 2 W a g n e r w ith those shoes, if anything? 3 A. We would remove the worn lining, clean 4 the shoes, and add new lining. 5 Q. Okay. What did you do with the worn 6 lining? 7 A. That was b u n d l e d up and d i s p o s e d of. 8 Q. How? 9 A. In conformance toOSHA requirements. 10 Q. Before there was an OSHA? 11 A. I do not know. 12 Q. I'm reading an answer from Page 132 of 13 y o u r e a r l i e r d e p o s i t i o n . S t a r t i n g at Li n e 11 14 y o u r -- y o u r a n s w e r was, "Meaning, for insta n c e , if 15 you took your a u t o mobile to have the brakes 16 repaired, they would remove the brake shoes that no 17 longer had sufficient lining on them. They would 18 remove those shoes, and they would replace them 19 w it h another set of shoes that had new lining 20 atta c h e d to them. The shoes that they removed from 21 your automobile would then be returned to Wagner, 22 and we would remove the lining and would clean 23 those shoes, attaching new lining and putting them 24 in another box and sell them to the person who has 25 a car like yours." McCracken & Norton Court Reporters Houston, Texas 90 1 Do you recall that answer? 2 A . Yes. 3 Q. Is that correct? 4 A. Generally that'scorrect, yes. 5 Q. Did y'all actually sell to the general 6 p u b l i c then on these re -- 7 A. We sold to the w ar ehouse distributors. 8 Q. Okay. T h a t ' s -- that wa s m y q u e s t i o n . 9 A. D i d I m i s s -- m a y b e I m i s s t a t e d 10 s o m e t h i n g there. Our p r o d u c t s were sold to 11 warehouse distributors. 12 Q. Is it true that youw e r e selling 13 thousands monthly of brake linings and brake shoes, 14 your finished product? 15 A. I think I testified to that as a general 16 guesst im at e at the time, yes. 17 Q. Okay. Thousands monthly during the 18 1980s? 19 A. Probably. 2 0 Q. Thousands monthly during the 1970s? 2 1 A. Probably. 22 Q. Thousands monthly during the 1960s? 23 A. I'm less sure of t h a t . 24 Q. Thousands monthly during the 1950s? 25 A . Less sure of that McCracken & Norton Court Reporters Houston, Texas 91 1 Q. Do you remember whether you ever sold 2 m o r e than -- or m a n u f a c t u r e d and s o l d m o r e than 3 10,000 monthly? 4 A. I have no knowledge of the specific 5 number. 6 Q. Did you ever discuss asbestos with 7 representatives for any other entity other than the 8 Wagner people? I'm not talking about the lawyers 9 either. 10 A. Would you rephrase the question? I 11 d o n ' t -- I'm not sure I u n d e r s t a n d w h a t y o u ' r e 12 asking. 13 Q. I'm asking whether there were any 14 discussions that you had with other companies or 15 other in d i v i d u a l s other than lawyers o u t s i d e of 16 Wagner that concerned asbestos. 17 MR. PUTNAM: Objection. That's 18 overbroad and calls for a narrative. 19 THE WITNESS: What do you mean by 20 that concerns asbestos? 21 Q. (By Mr. Cook) That concerns asbestos in 22 any way. 23 A. We discussed brake linings with vendors. 24 Q. And did you discuss asbestos contained 25 in brake linings with vendors? McCracken & Norton Court Reporters Houston, Texas 92 1 A. We discussed brake linings with vendors 2 s pe ci fically when they may have been trying to get 3 r e p l a c e m e n t s for asbe s t o s . So, in that sense yo u 4 might say that. 5 Q. Wh o w e r e the -- w h o w e r e t h e s e v e n d o r s ? 6 A. I remember Abex as being one who was 7 a t t em p t i n g to do that. I b elieve B endix was trying 8 to do that, but I'm not certain about that. That's 9 all that comes to m ind off the top of my head. 10 Q. D i d -- di d W a g n e r p u r c h a s e A b e x ? 11 A. No. 12 Q. What is the r e l a t i o n s h i p b e t w e e n Abex 13 and Wagner, if you know? 14 A. I do not know. 15 Q. Did Cooper purchase Abex? 16 A. I do not know that. 17 Q. What do you know about the current 18 status of Abex, if an y t h i n g ? 19 A. I don't know anything about the current 20 status. 21 Q . All right. 22 A. I don't even k n o w if they're still in 23 business to be quite frank. 24 Q. But they were someone from whom your 25 company bought brake linings. McCracken & Norton Court Reporters Houston, Texas 93 1 A. That is correct. 2 Q. And those brake linings contained 3 asbes tos. 4 A. To the best of my k n o w l e d g e that is 5 true . 6 MR. PUTNAM: Russ, are we at a 7 stopping point? 8 MR. COOK: This w ould be great, 9 yeah . 10 MR. PUTNAM: Okay. 11 THE V I D E O G R A P H E R : 11:54. We're off 12 the record. 13 14 15 (Lunch recess.) 16 17 18 (Whereupon the instrument was marked 19 for i dentification as Bueler Exhibit 2 0 No. 3 and is a t t a c h e d hereto.) 21 22 23 THE VIDEOGRAPHER: 12:52. We're on 24 the record. Sta r t of Ta p e 2. 25 Q. (By Mr. Cook) Mr. Bueler, I h a n d e d you McCracken & Norton Court Reporters Houston, Texas 94 1 at the break an exhibit that's b e e n m a r k e d as 2 D e p o s i t i o n E x h i b i t N u m b e r 3, B u e l e r E x h i b i t N u m b e r 3 3, an d it's m y u n d e r s t a n d i n g that this was a 4 d o c u m e n t p r o d u c e d by y o u r company. Is that the -- 5 the n a m e of y o u r c o m p a n y in the -- at the top of 6 that? You can take that y e l l o w thing off. It 7 d o esn't b e l o n g on there anyway. It's just to mark 8 it so we c o u l d find it. 9 A. Yes. 10 Q. Have you had a chance to look at that 11 d o c u m e n t ? If not, take w h a t e v e r time you need. 12 A. Yes, sir. I read it generally. I may 13 h a v e to r e f e r b a c k for any q u e s t i o n s , but -- 14 Q. I just b a s i c a l l y w a n t to k n o w is -- does 15 that appear to you to be a W es tern Electric 16 Corporation document? 17 A . No , sir. It appears to me to be a 18 Wagner Electric Corporation. 19 Q. I 'm sorry. I sai d W e s t e r n and m e a n t 2 0 say W a g n e r . I' m sorry. Do e s it a p p e a r to be a 21 Wagner Electric Corporation document? 22 A. Yes . It appears that way to me . 23 Q. Very old one, right? 24 A. Yes, sir . 2 5 Q. What 's the date? McCracken & Norton Court Reporters Houston, Texas 95 1 A. 1934. March 1934. 2 Q. A n d -- and w h a t is it that g e n e r a l l y 3 this document is a nnouncing? 4 MR. PUTNAM: Objection. The 5 document speaks for itself. 6 Q. (By Mr. Cook) All right. This d o c u m e n t 7 says, "Please be so kind as to p ub lish in your 8 publication a news item regarding Wagner CoMax 9 brake lining, the newest brake lining on the 10 m a r k e t ." 11 Is that w h a t it says? 12 A. T h a t 's what it s a y s . 13 Q. All right. What does that m e a n to you ? 14 A . It mean s that - - 15 MR . PUTNAM: Obj ection The 16 d o c u m e n t speaks fo r itself. 17 Q. (By M r . Cook) Wha t does th at m e a n to 18 y o u , sir ? 19 MR . PUTNAM: Same obje ction. 2 0 THE! WITNESS: Wha t it m e ans to me 21 it's an announcement. 22 Q. (By Mr. Cook) All. right. And what does 23 it appear to be announcing? 24 A. Wagner CoMax brake lining. 25 Q. W hat is W a g n e r CoMax b r ake lining? McCracken & Norton Court Reporters Houston, Texas 96 1 A. It was a trade named lining that 2 apparently was announced in 1934. 3 Q. Are they still making Wagner CoMax 4 today? 5 A. Not to my knowledge. 6 Q. But it was made at some p o i n t in time 7 while you were there? 8 A. At some point to time wh en I was there 9 they were selling lining labeled as Wagner CoMax. 10 Q. Did that lining contain asbestos? 11 A. To the best of my knowledge, yes. 12 Q. All right, sir. And am I correct in 13 u n d e r s t a n d i n g from e a r l i e r t e s t i m o n y that as far as 14 you know nobody at the Wagner Electric Corpora ti on 15 was aware that asbestos might be potentially 16 harmful until the mid seventies? 17 A. That's what I've testified, yes, sir. 18 MR. COOK: Could you m a r k this as 19 the next exhibit. 20 21 22 (Whereupon the instrument was marked 23 for i de nt ification as Bueler Exhibit 24 No. 4 and is a t t a c h e d hereto.) 25 McCracken & Norton Court Reporters Houston, Texas fc^rcde . ir aO o J. ?d ft a d ^ftftg thi S3. st I} iaJeft Sr W a Sfte*- Co m ax *n O w l edsre was ade a t s ome Point la tme point to time w h e n 1 was there ing 1ining labeled as Wagner CoMax. lin9 c o n tain a s b estos? T the beet of my knowledge, yee. All right, sir. A n d am I correct in rom e a r l i e r t e s t i m o n y that as far as you know nobody at the Wagner Electric Corporation was aware that asbestos might be potentially harmful until the mid seventies? A. That's what I've testified, yes, sxr. MR. COOK: Could you mark this the next exhibit. ,h , instrument was marked (,,hereupon ,t U n i f i c a t i o n as B u e r e x for i d e n t u i ('a nt.nhed hereto.) K o . 4 and 1 a t t a c h e d McCracken * TT 97 1 MR. COOK: I've got an extra one for 2 you. We might go off the record for just a second 3 while we hand out these exhibits. 4 THE VIDEOGRAPHER: 12:57. We're off 5 the record. 6 7 8 (Brief recess.) 9 10 11 THE VIDEOGRAPHER: 1:06. We're on 12 the record. 13 Q. (By Mr. Cook) Mr. Bueler, w h i l e w e ' r e -- 14 w e ' v e bee n off the record have you had a chance to 15 read D e p o s i t i o n E x h i b i t N u m b e r 4? 16 A . Yes, s i r . 17 Q. Have you also had a chance to confer 18 with your attorney? 19 A. Yes. 20 Q. Now, sir, is it true that in 1934 the 21 State of Connecticut was reporting a possible 22 health hazard involving asbestos dust from brake 23 grinding machines? 24 MR. PUTNAM: Objection. Calls for 2 5 speculation. McCracken & Norton Court Reporters Houston, Texas 98 1 P r i o r -- let me pu t this on the 2 record. This is the first time this d o c u m e n t has 3 been produced, Russ, in this entire case that's 4 bee n p e n d i n g for over three years. So, I don't 5 u nd e r s t a n d why new documents are b eing pro du ce d at 6 this late date in time. 7 Secondly, Mr. Bueler has testified 8 that this is the first time he's ever seen this 9 document. You're asking him to speculate about 10 what the State of Connecticut did and their 11 activities, and he's not here on behalf of the 12 State of Connecticut. 13 MS. ANDE R S O N : Join the o b j e c t i o n as 14 well as assumes facts not in evidence. 15 MR. PUTNAM: Same objection. 16 Q. (By Mr. Cook) You can respond, sir. 17 MR. PUTNAM: Rich, if you know, have 18 personal knowledge about this, you can talk about 19 it . 2 0 THE WITNESS: This is the first I've 21 seen this document. I have no knowledge beyond 22 this. 23 Q. (By Mr. Cook) Did you read the document? 24 A. Yes, sir. 2 5 Q. A s s u m i n g that this is inde e d a State of McCracken & Norton Court Reporters Houston, Texas 99 1 C o n n e c t i c u t document p u b l i s h e d in 1934, is it true 2 that this document indicates a potential health 3 hazard regarding asbestos dust from brake grinding 4 machines? 5 MR. PUTNAM: Object to the extent 6 the document speaks for itself. 7 MS. ANDERSON: Join the objection. 8 MS. WRIGHT: Join the objection. 9 THE WITNESS: It appears to indicate 10 that . 11 Q. (By Mr. Cook) If this inde e d is a 1934 12 document, it w o u l d be the same y e a r as y our 13 company, Wagner Electric Corporation, was 14 a nn ouncing their new brake linings. Is that right? 15 A. A c c o r d i n g to our E x h i b i t 3, yes. 16 Q. All right, sir. Do you have any 17 e x p l a n a t i o n why in the 40 year time p e r i o d b e t w ee n 18 1934 an d 19 -- in the 1970s that y o u r c o r p o r a t i o n 19 did not become aware of this potential health 20 h a z a r d of asbe s t o s fibers if i n d e e d it was r e p o r t e d 2 1 in 1934 as this Document 4 seems to indicate? 22 A. I can't speculate on why that happened. 23 Q. At the conclusion of this d ep osition do 24 y o u i n t e n d to m a k e any type of i n v e s t i g a t i o n as to 2 5 w h y this 40 y e ars m i g h t have gone by? McCracken & Norton Court Reporters Houston, Texas 100 1 MR. PUTNAM: Objection. Don't 2 answer that. That's an improper question. Object 3 to the form. You're ask i n g h i m w hat he's going to 4 do after the deposition. If y o u w a n t to ask him 5 about what he knows as of today when he's sitting 6 here, that's fine. 7 Q. (By Mr. Cook) Are you on special 8 assignment for this deposition for Wagner? 9 A. I'm a consultant forWagner. 10 Q. All right, sir. Will y ou r e p o r t b a c k to 11 a n y o n e as a -- a f t e r this d e p o s i t i o n o t h e r than the 12 attorney? 13 A. No. 14 Q. You will not have any contact with 15 anybody at Wagner? 16 MR. PUTNAM: Objection. He's 17 a nswered the question. He said no. 18 You've already answered the 19 ques tion. 20 Q. (By Mr. Cook) You will not have any 21 contact with anyone at Wagner following this 22 deposition? 23 MR. PUTNAM: Objection. Asked and 24 answered. 25 MR. COOK: Are you instructing him McCracken & Norton Court Reporters Houston, Texas 101 1 not to answer? 2 MR. PUTNAM: No. H e ' s -- y o u a s k e d 3 him the question once and he said no. 4 MR. COOK: Well, I've asked him the 5 question worded a little differently. 6 MR. PUTNAM: No. You've asked the 7 same question. 8 Q. (By Mr. Cook) Well, let me r e w o r d the 9 question. Do you expect to have continued contacts 10 with Wagner in the future? 11 MR. PUTNAM: Object. This is 12 i r r e l e v a n t , Russ -- 13 MR. COOK: Well, then you can 14 make -- 15 MR. PUTNAM: -- as to -- 16 MR. COOK: You can make the 17 objections, but I don't see why you won 't let 18 him -- 19 MR. PUTNAM: I wi 11 20 MR. COOK: - answer the q u e s t i o n . 21 MR. PUTNAM: I wi 11 - - I will obj ect 22 to the questions, the form. because i t calls for 23 speculation. 24 MR. COOK: Okay. 25 MR. PUTNAM: Y o u ' r e a s k i n g h i m to McCracken & Norton Court Reporters Houston, Texas 102 1 predict the future. 2 MR. COOK: Okay. If that's the 3 o b j e c t i o n y o u w a n t to make, y o u ' r e e n t i t l e d to. He 4 still gets to answer the question. 5 THE WITNESS: And the question again 6 is? 7 Q. (By Mr. Cook) Do you a n t i c i p a t e hav i n g 8 any contacts with people at Wagner in the future? 9 MR. PUTNAM: Same objection. 10 THE WITNESS: I can't answer that 11 question. 12 Q. (By Mr. Cook) All right. If 13 fortuitously you have contact with people from 14 Wa gn er in the future, do you intend to ask them 15 about wh y it is that 40 yea r s w e n t by b e f o r e they 16 became aware of the potential health hazard with 17 asbestos? 18 MR. PUTNAM: I'm g o i n g to o b j e c t to 19 the extent the question assumes facts not -- that 2 0 are not in evidence. 2 1 THE WITNESS: No. 22 Q. (By Mr. Cook) Are you i n t e r e s t e d on a 23 p e r s o n a l basis as to why 40 years m i g h t have gone 24 by from the date of this document in 1934 until 2 5 the -- u n t i l the s e v e n t i e s b e f o r e W a g n e r b e c a m e McCracken & Norton Court Reporters Houston, Texas 103 1 knowledgeable about a potential asbestos hazard? 2 A. It's certainly an interesting piece of 3 information. 4 Q. Had anyone ever told you that before 5 that -- s t r i k e that. 6 Had you ever had any information 7 about h ow long it had been that p e o p l e had known 8 about the dangers of asbestos before I showed you 9 this document? 10 A. No. 11 MS. ANDERSON: Objection. Assumes 12 facts not in evidence. 13 MR. PUTNAM: Same objection. 14 MR. COOK: W h a t -- w h a t facts d i d it 15 as s u m e that was not in ev i d e n c e ? I n e e d to 16 u n d e r s t a n d that b e c a u s e I w a n t to -- 17 MS. ANDERSON: That people knew that 18 asbestos was harmful. 19 THE COU R T REP O R T E R : I n e e d y o u to 2 0 speak up, please. 21 MR. PUTNAM: Oh. She doesn't have a 22 m i c r o p h o n e on. 23 MR. COOK: Would you read back my 24 question again. 25 McCracken & Norton Court Reporters Houston, Texas 104 1 (The court reporter read the 2 ques t i o n .) 3 4 5 Q. (By Mr . Cook) An d y o u r a n s w e r was? 6 MS . ANDERSON: No . 7 THE WITNESS : Read it b a c k . 8 MR . COOK: I think it's a proper 9 ques t i o n . S o , go ahead and read i t back one more 10 time to him. 11 THE COURT REPORTER: The question 12 or 13 MR. COOK: The question and let's 14 get his answer for the record. 15 THE COURT REPORTER: Okay. 16 17 18 (The court reporter read the 19 question and answer.) 2 0 21 22 Q. (By Mr. Cook) Is that y o u r answer? 23 A . Yes. 24 Q. Okay. What periodicals did you 2 5 s u b s c r i b e to at y o u r c o m p a n y ? I mean, d i d y o u -- McCracken & Norton Court Reporters Houston, Texas 105 1 were there periodicals other than this FMSI that 2 you got about engineering? 3 A. Yes. We'd get typical journals that 4 w o u l d come in. 5 Q. Can you tell me some of those journals? 6 A. The SAE Journal, Design News, Machine 7 Design. I remember there's a magazine called 8 Automotive News and Electronic Design Engineering I 9 think. Those are some that I recall offhand. 10 Q. Was there an engineering library there 11 that kept those articles? 12 A. T h e r e was a -- for a sho r t p e r i o d a ro o m 13 that h a d b o o k s and p e r i o d i c a l s that w o u l d -- the 14 current issues, and then they would filter out. 15 Q. All right. And was that still there 16 when you left? 17 A . No . 18 Q. What h a p p e n e d to it? 19 A. It was taken away. 2 0 Q. Why, if you know? 21 A. We no longer ne ed ed as mu ch room. And, 22 so, that was one p l a c e to get rid of r o o m to be on 23 one floor instead of two floors. Things like that. 24 Q. Okay. 25 MR. COOK: I'm going to have marked McCracken & Norton Court Reporters Houston, Texas 106 1 as the next exhibit this Public Health Reports that 2 was atta c h e d . You -- y o u s h o u l d a l r e a d y h a v e it. 3 This was the one that was stuck to the other one. 4 MS. WRIGHT: Is that E x h i b i t N u m b e r 5 6? 6 MR. COOK: It will be Exhibit Number 7 5 8 9 10 (Whereupon the instrument was marked 11 for i dentification as Bueler Exhibit 12 No. 5 and is a t t a c h e d hereto.) 13 14 15 Q. (By Mr. Cook) Let me h a n d you what ' s 16 b e e n m a r k e d as Exh i b i t N u m b e r 5 and ask you to read 17 the heading of that first page. 18 A. E f f e c t s of the -- oh. It's V o l u m e 50, 19 J a n u a r y 4, 1935, N u m b e r 1, P u b l i c -- P u b l i c H e a l t h 20 Reports, Effects of the inhalation of asbestos dust 21 on the lungs of asbestos workers. 22 Q. Now, sir, as an engineer that was 23 working with a product that contained asbestos for 24 close to 40 y e ars w o u l d this have b e e n i n f o r m a t i o n 25 you would have been interested in seeing some time McCracken & Norton Court Reporters Houston, Texas 107 1 during that 40 year p eriod of time? 2 A. It's 3 MR. PUTNAM: Objection. Calls for 4 speculation. 5 THE WITNESS: It's certainly 6 interesting information. 7 Q. (By Mr. Cook) All right. Are you 8 surprised at this information? 9 A . Yes. 10 Q. Why are you surprised? 11 A. Because of the dates. 12 Q. You were not aware that the dangers of 13 asbestos were known that far in the past? 14 A. That is correct. 15 Q. And that is s u r p r i s i n g to you? 16 A. It's -- well, it's s u r p r i s i n g to me that 17 it was that far back. It's not surprising that I 18 d i d n ' t k n o w about it. I h a v e n ' t seen d o c u m e n t s 19 from that far back. 20 Q. All right. I'll ask you the same 21 q u e s t i o n . Do y o u hav e any e x p l a n a t i o n as to w h y if 22 this in d e e d is a true Public H e a l t h R e p o r t b a c k in 23 1935 and given the other document your company did 24 not know about the dangers of asbestos until the 25 seventies? McCracken & Norton Court Reporters Houston, Texas 108 1 MR. PUTNAM: I'm going to object. 2 It cal l s for s p e c u l a t i o n . It als o d o e s n ' t say -- 3 just for the record this exhibit doesn't say where 4 it was a Public H ealth Report for or from from what 5 I can tell. Do you know, Mr. Cook? It's your 6 document. 7 MR. COOK: Well, it says a 8 p r e l i m i n a r y s t u d y by A. J. Lanza, A s s i s t a n t M e d i c a l 9 D i r e c t o r , W i l l i a m J. M c C o n n e l l , A s s i s t a n t M e d i c a l 10 D i r e c t o r , and J. W i l l i a m Fennel, Chemist, 11 Metropolitan Life Insurance Company. 12 MR. PUTNAM: But do y o u k n o w -- 13 MR. COOK: So, I w o u l d assume those 14 are the a u t h o r s . 15 MR. PUTNAM: Do you k n o w w hat it was 15 p ub l i s h e d in and who it was d i s t r i bu te d to? 17 MR. COOK: I know noth in g other than 18 w h a t ' s on the -- the top of it. 19 MR. PUTNAM: So, we d o n ' t h a v e -- 2 0 there's no a ut he nticity of this document? 21 MR. COOK: Well, I -- I e x p e c t -- 22 MR. PUTNAM: Okay. 23 MR. COOK: -- to be a b l e to p r o v e 24 this document up at the time of trial. 25 MR. PUTNAM: Well, I -- I ' m -- McCracken & Norton Court Reporters Houston, Texas 109 1 MR. COOK: Sure. 2 MR. PUTNAM: And in all - - i n all 3 fairness to Mr. Bueler you're asking him about a 4 document that's unlabeled for the most part other 5 than a title. So, I'm a s k i n g w h o p u b l i s h e d it and 6 w h o wa s it d i s t r i b u t e d to. 7 MR. COOK: I'm telling you I don't 8 know 9 MR. PUTNAM: Okay. But you expect 10 Mr. Buel e r to know. 11 MR. COOK: I didn't ask Mr. Bueler 12 that question, and I will again ask you not to 13 c o a c h the w i t n e s s -- 14 MR. PUTNAM: I'm not. I' m t r y i n g -- 15 MR. COOK: -- on the reco r d . The 16 w i t n e s s has -- 17 MR. PUTNAM: I'm trying to identify 18 the document. 19 MR. COOK: The w i t n e s s -- 2 0 MR. PUTNAM: It's another document 21 that has not been produced until today. That's the 22 only reason. 23 MR. COOK: The w i t n e s s -- the 24 witness has a question before him. Would you read 25 the witness the question? McCracken & Norton Court Reporters Houston, Texas 110 1 (The court reporter read the 2 q u e s t i o n .) 3 4 5 MR. PUTNAM: A n d m y o b j e c t i o n is it 6 calls for speculation. 7 THE WITNESS: And I have no 8 explanation. 9 Q. (By Mr. Cook) All right, sir. Do you 10 know whether your company ever used Metropolitan 11 Life Insurance or M e t ro po li ta n in any way as an 12 i n s u r a n c e -- for i n s u r a n c e ? 13 A. I have no knowledge of that. 14 Q. Is it p o s s i b l e to m ake an e f f e c t i v e 15 brake for a passenger car without using asbestos? 16 MR. PUTNAM: Objection. Vague and 17 a m b iguous as to effective. 18 Q. (By Mr. Cook) H o w e v e r you define 19 e f fec t i v e . 2 0 MR. PUTNAM: And brake. Are we 21 talking brake shoes or disc brakes? 22 MR. COOK: The b r a k e -- the e n t i r e 23 brake assembly. 24 MR. PUTNAM: Disc shoes, disc pads 25 or - - McCracken & Norton Court Reporters Houston, Texas 111 1 MR. COOK: Everything. 2 MR. PUTNAM: Brake shoes. Both 3 types ? 4 MR. COOK: Everything. 5 Q. (By Mr. Cook) Is it possible, in other 6 w o r d s -- let me r e s t a t e the q u e s t i o n . Is it 7 possible, in other words, to put a Ford or a GM or 8 a Chrysler automobile out on the road without using 9 a s b e s t o s for b r a k e s -- 10 MR. PUTNAM: Objection. 11 Q. (By Mr. Cook) -- and still h a v e 12 effective brakes? 13 MR. PUTNAM: Do you have a time 14 period? 15 Q. (By Mr. Cook) Today. 16 A. Is it p o s s i b l e today? 17 Q. Yes. 18 A. Yes. 19 Q. All right. Was it p ossible in 1990? 2 0 A. It may have b e e n possible. 21 Q. Was it p o s s i b l e in 1980? 22 MS. ANDERSON: Objection. Calls for 23 speculation. 24 MR. PUTNAM: Same objection. 25 THE WITNESS: I can't answer that McCracken & Norton Court Reporters Houston, Texas 112 1 ques tion. 2 Q. (By Mr. Cook) Why not? 3 A. Because when I answered your first 4 question, I had something in my mind. 5 Q. What was it? 6 A. It was that today and in 1990 perhaps 7 they use a lot of disc brakes, and disc brakes have 8 an inherent ability to utilize n on as be st os brake 9 lining due to the nature of the design whereas drum 10 brakes are inherently more difficult to provide an 11 acceptable lining due to the nature of the design. 12 Q. Okay. Did any automobile manufacturer 13 that you know of use drum type brakes that did not 14 c o ntain asbestos prior to 1990? 15 A. I don't know of any. 16 Q. All right. 17 A. I do not know the answer to that 18 ques tion. 19 Q. Are disc brakes as effective as drum 2 0 brakes? 21 A . Yes . 22 Q. Are disc brakes more expensive than drum 23 brakes? 24 A. G e n e r al l y my belief is yes. 25 Q. All right. In regard to coming up with McCracken & Norton Court Reporters Houston, Texas 113 1 substitutes, effective substitutes for asbestos in 2 the type of brake linings that you were utilizing 3 and y o u told me v e n d o r s ca m e to y o u -- 4 A . Um-hum. 5 Q. -- was cost one of the c o n s i d e r a t i o n s in 6 finding a substitute for asbestos? 7 A. I don't b e l i e v e so. 8 Q. Have you ever known anyone with an 9 asbestos -related disease? 10 A. Not to my knowledge. 11 Q. Did Bendix or Abex ever provide you with 12 any warnings concerning the asbestos in the brake 13 linings that they were provi di ng to you? 14 MR. KNABESCHUH: Object to the form. 15 MR. COOK: What's the objection? 16 MR. K N A B E S C H U H : Wh o is you? 17 Q. (By Mr. Cook) Okay. Let me r e s t a t e the 18 question. Let me do it separately. Did Abe x ever 19 provide you with any type of warnings concerning 2 0 the asbestos in the brake linings which they were 21 supplying to your company, Wagner? 22 A . Did they supply the i nf or ma ti on to you, 23 meaning Richard Bueler, or you, meaning Wagner? 24 Q. Wagner. 25 A. I do not know. McCracken & Norton Court Reporters Houston, Texas 114 1 Q. How about you, Mr. Bueler? 2 A. No . To my - - best of my recollection. 3 Q. All r i g h t . Same question. Only Bendix 4 Did Bendix ever supply either you, Mr. Bueler, or 5 your company, Wagner, with any warnings or 6 information concerning the asbestos that was in the 7 brake linings they were selling to you? 8 MS. WRIGHT: Objection. Compound. 9 He had two different answers for Abex, and you 10 grouped them both together for the Bendix question. 11 MR. COOK: Okay. Well, I'll -- I'll 12 r e s t a t e it if you'll tell me w h a t the two par t s 13 were . 14 MS. W R I G H T : One of t h e m he h a d -- 15 he had answered he didn't know as to Mr. Bueler 16 h i m s e l f . I m e a n -- I' m sorry. As to W a g n e r he 17 d i d n ' t know, and as to Mr. Buel e r he said no. 18 MR. COOK: All right. I'll separate 19 it out. 20 Q. (By Mr. Cook) All right. Did Bendix 21 p r o v i d e y o u w i t h any i n f o r m a t i o n c o n c e r n i n g -- you 22 being you, Mr. Bueler, with any information 2 3 concerning asbestos in the brake linings they were 24 selling to Wagner? 25 A. Not to my recollection. McCracken & Norton Court Reporters Houston, Texas 115 1 Q. Would you have w e l c om ed as much 2 i nformation as was available on the subject of 3 asbestos? 4 A. As a general rule I like information. 5 Q. Just like you were interested in Exhibit 6 4 a n d 5, y o u w o u l d be i n t e r e s t e d in that type of 1 information. 8 A. Inf o r m a t i o n is important to an engineer. 9 Q. If you r e c e i v e d i n f o r m a t i o n about 10 asbestos in health hazards to the extent that made 11 sense to you, w ould you i n c orporate that in 12 d e c i s i o n s a b o u t w h a t -- h o w y o u w o u l d go abo u t 13 doing your job? 14 A. To the extent that it m a d e sense to me, 15 yes. 16 Q. And whether or not something would make 17 sense to you wo uld you describe about how your 18 thought processes go in that regard? 19 MR. PUTNAM: Objection. Calls for 2 0 speculation. 21 Q. (By Mr. Cook) Let me r e s t a t e that. 22 A. All right. 23 Q. Do engineers such as you use a 24 d i s c i p l i n e d scientific a p p r o a c h to g a t h e r i n g 2 5 information? McCracken & Norton Court Reporters Houston, Texas 116 1 A. Yes. 2 Q. Tell us h o w y ou w o u l d a p p r o a c h t rying to 3 make a reasoned decision about asbestos or anything 4 else that might be involved in these products. 5 MR. PUTNAM: Objection. Vague, 6 ambiguous, calls for a narrative, and calls for 7 speculation. 8 Q. (By Mr. Cook) You can go a h e a d and 9 answer. 10 A. The first thing that I do as an engineer 11 is to p r o v i d e a p r o d u c t that will p e r f o r m the 12 required task. In the case of an automobile that 13 it will stop properly. Now, there's a lot of 14 things in p roperly that I'm not going to get into; 15 but to stop p r o p e r l y means more than it's g o i n g to 16 s top just o n c e . 17 Q. All right. 18 A. I could go to this b oard for the next 19 five hours, and I don't want to do that. So, I 2 0 w o u l d determine first of all can I make a brake 21 system using w hatever m aterial it is to do the job. 22 Secondly, then I would had I known this 23 information, I 24 Q. W h a t -- w h a t -- h a d y o u k n o w n -- 25 A. -- any i n f o r m a t i o n a b o u t a l l e g e d h a z a r d s McCracken & Norton Court Reporters Houston, Texas 117 1 of a s b estos I w o u l d say, well, now, this is an 2 alleged hazard. It may affect certain people who 3 may be in an e n v i r onment that this is a problem. 4 Q. All right. 5 A. But I k n o w m y b r a k e s y s t e m is g o i n g to 6 be out in the w o r l d w h ere e v e r y b o d y is there. Not 7 a b u n c h of s p e c i a l i z e d w o r k e r s who are w o r k i n g in a 8 very narrow environment. I would be providing a 9 p r o d u c t to w o r k in a b r o a d e n v i r o n m e n t . And, so, I 10 . do two -- 11 Q. Let me stop you and ask you -- 12 A. Okay. 13 Q. -- what you mean by you would be 14 providing a product that would be in a broad 15 environment. What do you mean by that? 16 A. W h er e the general pub l i c is. On the 17 highways, in the city streets, where there are 18 m u l t i t u d e s of people as o p p o s e d to a v e r y small 19 group of people in a rather encl o s e d s i t u a t i o n or 20 something like that. 21 Q. A n d -- and w h y w o u l d that m a k e a 22 di f ferenc e ? 23 A. It wo uld make a difference. And I w o ul d 24 do on e o t h e r t h i n g -- 25 Q. Okay. McCracken & Norton Court Reporters Houston, Texas 118 1 A. -- than w h a t y o u p r o b a b l y a t t e m p t e d to 2 infer. 3 MR. PUTNAM: Let me go ahead and 4 interpose my objection here as it calls for 5 speculation and calls for a narrative. Do you have 6 a specific question for him? 7 MR. COOK: I t h i n k he ' s -- he's 8 answering how he would go about analyzing this from 9 an engineering standpoint. 10 MR. PUTNAM: A n d I ' m n ot -- and I 11 also object as it's vague and ambiguous. I don't 12 u n d e r s t a n d w h a t he's a n a l y z i n g "this". W h a t is 13 " t h i s "? 14 MR. COOK: H o w he w o u l d -- 15 Q. (By Mr. Cook) Well, w h a t do y o u -- w h a t 16 ques tion -- 17 MR. PUTNAM: No. 18 Q. (By Mr. Cook) -- do y o u t h i n k y o u ' r e 19 answering, sir? 20 MR. PUTNAM: No. No. T h a t ' s -- 21 y o u 're 22 MR. COOK: Are you going to instruct 23 him -- 24 MR. PUTNAM: I'm -- 25 MR. COOK: -- not to a n s w e r any McCracken & Norton Court Reporters Houston, Texas 119 1 more? 2 MR. PUTNAM: You're the one asking 3 the questions. 4 MR. COOK: Well, we can go back and 5 read the question then. 6 MR. PUTNAM: Read the last question 7 back. 8 9 10 (The court reporter read the 11 q u e s t i o n .) 12 13 14 THE W I T N E S S : I -- d o n ' t m e a n 15 anything to me. 16 Q. (By Mr. Cook) Yo u -- y o u sa i d that this 17 was -- let me -- let me r e s t a t e the q u e s t i o n . You 18 said that the brake a pplication was to a wide area 19 of the g e neral public. Is that corr e c t ? 20 A. Yes. 21 Q. And my q u e s t i o n is w h y does that m ake a 22 difference in engineering analysis that it's 23 d i s t r i b u t e d to a wide group of the general public? 24 A. The g e n e r a l thought in my h e a d is there 2 5 are more potential problems there. McCracken & Norton Court Reporters Houston, Texas 120 1 Q. All right, sir. 2 MR. COOK: Why don't you give us a 3 five minute break. We're probably finished, but I 4 want to go through my notes. 5 THE VIDEOGRAPHER: 1:30. 6 MR. PUTNAM: Okay. 7 THE VIDEOGRAPHER: 1:30. We're off 8 the record. 9 10 11 (Brief r e c e s s .) 12 13 14 THE VIDEOGRAPHER: 1:33. We're on 15 the record. 16 Q. (By Mr. Cook) Mr . B u e l e r , one thing that 17 w a s n 't quite clear to me i s you sold your brakes 18 t h r o u g h this -- the s e w a r e h o u s e s . The b r a k e l i n i n g 19 c o m b i n a t i o n s a nd -- 2 0 A. Shoe and lining a s s e m b l i e s we sold to 21 warehouse distributors. 22 Q. Right. 23 A. C o m p l e t e b r a k e a s s e m b l i e s we sold to 24 various OEM manufacturers. 25 Q. In regard to the ones that go through McCracken & Norton Court Reporters Houston, Texas 121 1 the w a r e h o u s e d i s t r i b u t o r s , w h o w o u l d the -- w o u l d 2 they then go to r e t a ilers? Is that h o w your 3 product was sold? 4 A. Yes. B a s i c a l l y that's the w a y it was 5 sold . 6 Q. If we looked on the boxes that the 7 retailers were selling, would we find the Wagner 8 name ? 9 A. Yes, you would. 10 Q. All right. Will we find any warnings 11 about asbestos? 12 A. In the box you would find such a 13 warning. 14 Q. How about on the outside of the box? 15 A. I don't believe we put the warnings on 16 the outside, but I'm not certain about that. 17 Q. Wh o m a d e that d e c i s i o n as to w h e r e -- 18 w h et he r there would be warnings on the outside of 19 boxes or not? 20 A. I do not know the answer to that. 21 Q. But it wasn't your group. 22 A. It certainly was not. And I might also 23 m e n t i o n we -- in our sales m a n u a l s , in our 24 instruction manuals, not sales manuals, instruction 25 manuals we also had the warnings, the manuals where McCracken & Norton Court Reporters Houston, Texas 122 1 guys said how am I going to do this. We put the 2 w a r n i n g s there. And, so, t h e r e ' s w h e r e the 3 warnings were in the box and in manuals that you 4 could utilize. 5 Q. But not on the outside of the box. 6 A. To the -- 7 MR. PUTNAM: Objection. Asked and 8 answered. He said he wasn't sure about that. 9 THE WITNESS: To the best of my 10 r ec ollection I just do not know the answer to that. 11 Q. (By Mr. Cook) All right. Now, sir, do 12 you know whether you put the words organic on any 13 of your boxes? 14 A. I don't recall one way or the other 15 whether we did then. 16 Q. What does organic mean to you? 17 A. If y o u talk a b o u t b r a k e l i n i n g s -- is 18 that what you're referring to? 19 Q. As it relates to bra k e linings. 2 0 A . Organic means nonmetallic. 21 Q. Okay . 22 M R . COOK : I pass the witness 23 MR . S H I P L E Y : O h , I 've got to 24 few q u e s tions if you ' r e not. 25 MR. PUTNAM: I'm g o i n g to go last. McCracken & Norton Court Reporters Houston, Texas 123 1 EXAMINATION 2 3 By Mr. Shipley: 4 5 Q. Can you put Exhibit 4 in front of you? 6 MR. PUTNAM: Hang on a second. 7 MR . S H I P L E Y : Let me have a copy of 8 it . 9 MR . PUTNAM: Yeah. 10 MR . S H I P L E Y : I need that one. 11 MS . W R I G H T : C onnecticut. 12 MR . SHIPLEY: E x h i b i t 4, 13 Connecticut 14 MR . PUTNAM: Is this it? 15 MR . SHIPLEY: Yeah. 16 MR . P U T N A M : Make a little note at 17 the b o t t o m t h e r e . Just put Ex 4. T h a t ' s m y copy. 18 So - - 19 Q. (By Mr . Shipley) Mr. Bueler, are you an 2 0 industrial hygi eni st ? 21 A. N o , sir. 22 Q. Toxicologist? 23 A . N o , sir. 24 Q. Physician of any kind? 25 A . N o , sir. McCracken & Norton Court Reporters Houston, Texas 124 1 Q. Have you ever seen Exhibit 4 before? 2 A. No, sir. 3 Q. It talks about asbestos dust hazard. 4 Does it say what the h azard of asbestos is? 5 A. I w o u l d have to read it a g ain b e c a u s e I 6 read v ery quickly, and to answ e r your q u e s t i o n I 7 did not study it. I'll have to go t h r o u g h it again 8 if you have something. 9 Q. Can you find anything in here about 10 where the words cancer or mesothelioma appear? 11 A. To answer you with absolute certainty I 12 w o u l d have to read it again v e r y thoroughly, but in 13 my initial readings those words did not come to my 14 eyes . 15 Q. You don't recall seeing those words in 16 there. 17 A. No, sir. 18 Q. You don't recall seeing anything in this 19 a r t icle that suggests that cancer or any form of 20 malignancy, including mesothelioma, could be 21 considered a hazard of asbestos, did you? 22 A. No t -- not w h a t I r e a d in m y -- this 23 document. 24 Q. D i d y o u see on Pa g e 508 at the b o t t o m 25 of -- I'm s o r r y -- 507 w h e r e -- in the p a r a g r a p h McCracken & Norton Court Reporters Houston, Texas 125 1 where it says, "However, dust dete rm in at io ns have 2 shown that even the preliminary operations can be 3 conducted without exposing workers to excessive 4 dust concentrations"? 5 A. Yes, sir. 6 MR. COOK: Object. Optional 7 completeness rule. 8 MR. SHIPLEY: I'm sorry? 9 MR. COOK: Objected on the grounds 10 of the optional c o m p l e t e n e s s rule. I just w ant to 11 make sure that when the time for trial comes, I can 12 read the rest of this. 13 MR. SHIPLEY: Oh, yeah. Sure. 14 Q. (By Mr. Shipley) Y o u ' v e read that? 15 You've read that when you were reviewing this for 16 Mr. Cook? 17 A. Yes, but I wouldn't want to be tested on 18 it . 19 Q. Now, w h a t they ' r e t a l k i n g a b o u t here is 2 0 handling raw asbestos in the manuf ac tur in g stage. 21 Isn't that correct? 22 A. That's my recollection, yes. 23 Q. Did Wagner handle raw asbestos in the 24 manufacturing stage or when you got the brake 25 shoes, was the asbestos already in place on the McCracken & Norton Court Reporters Houston, Texas 126 1 shoes ? 2 A. All the brake shoes that we ever sold 3 w e r e f u r n i s h e d as shoes w i t h the l i n i n g -- 4 Q. Right. 5 A. -- and the a s b e s t o s as a m i x so to 6 speak. 7 Q. So, you n e v e r h a n d l e d bags of raw 8 asbestos the way it's described in this article. 9 A. That is correct. 10 Q. Okay. Did you have dust control in your 11 plant? 12 A . Yes, sir. 13 Q. The -- the n e x t a r t i c l e that we l o o k e d 14 at, that A n t h o n y L a n z a a r t i c l e f r o m 1935 -- 15 A . Yes, sir. 16 Q. -- do yo u hav e that in f r o n t of you, 17 E x h i b i t N u m b e r 5? 18 A . Yes, sir. 19 Q. Did you notice in reading that article 2 0 that that deals with exposures to asbestos in the 21 textile mills where they're handling raw asbestos? 22 A. Actually I did not read this entire 23 document. I only read the headings. So, I cannot 24 answer that. 25 Q. Do you see anything in there that McCracken & Norton Court Reporters Houston, Texas 127 1 d i s c u s s e s that a s b e s t o s m i g h t be a -- a s s o c i a t e d in 2 any way with m a l i gn an cy such as cancer or 3 mesothelioma? 4 MR. COOK: Objection. He said he 5 h a s n ' t r e a d it. If y o u w a n t to let h i m r e a d it, 6 t h a t 's fine. 7 Q. (By Mr. Shipley) Take a look at it and 8 see if you can find the words cancer, m a l i g n a n c y or 9 mesothelioma anywhere in the article. 10 MR. COOK: W h i l e the w i t n e s s is 11 r e a d i n g this, I'd -- I'd ask you, Mr. Shipley, to 12 identify for the record who you represent in asking 13 these questions. 14 MR. SHIPLEY: Bridgestone Firestone. 15 MR. COOK: All right. 16 THE WITNESS: No, sir. I do not see 17 those words. 18 Q. (By Mr. Shipley) Will you turn to Page 19 10, p l e a s e ? 20 A. Yes, sir. 21 Q. Under conclusions the first conclusion 22 says that, "Prolonged exposure to asbestos dust 23 caused a p ul mon ary fibrosis of a type different 24 from silicosis." 25 Do you see that? McCracken & Norton Court Reporters Houston, Texas 128 1 A . Y e s , sir. 2 Q. Is there anything in the c o n clusions 3 about asbestos causing any kind of malignancy, 4 cancer or mesothelioma? 5 A. No, sir. I do not see those words in 6 the conclusions. 7 Q. Do you see c o n c l u s i o n N u m b e r 4 w h e r e it 8 says that the asbestosis as observed in this series 9 of cases had not resulted in any m ar k e d disability 10 in any case? 11 A. Yes. I see that. 12 MR. COOK: Object on the basis of 13 optional completeness. 14 Q. (By Mr. Shipley) And you see N u mber 6 15 w h ere it says one of the conc l u s i o n s was that it's 16 not p ra ct ic ab le as yet to establish standards for 17 the asbestos dust content of air? 18 A . Y e s , sir. 19 Q Okay. A n d this was d a t e d 193 5? 20 A . Yes . 21 Q. Is that right? 22 A . Yes, sir. 1935 23 Q. Do you have any knowledge of Dr es on in 24 1939 recommending some safe levels for asbestos? A 25 tentative maximum allowable concentration? McCracken & Norton Court Reporters Houston, Texas 129 1 A. I have no knowledge. 2 Q. So, if the U n i t e d States g o v e r n m e n t or 3 state governments promulgated regulations and 4 threshold limit values that they considered to be 5 levels that workers could be exposed to eight hours 6 a day 40 hours a w e e k w i t h o u t the e x p e c t a t i o n of 7 disease, you don'thave anyknowledge of that? 8 A. I -- 9 MR. COOK: Object to the form of the 10 ques tion. 11 Q. (By Mr. Shipley) Do you have any 12 knowledge of that? 13 A. I have noknowledge of that. 14 MR. SHIPLEY: Okay. That's all. 15 Thank you. 16 MR. PUTNAM: A n y b o d y got -- a n y b o d y 17 else got questions? I've got a few. 18 MS. HERMES: No. 19 2 0 21 EXAMINATION 22 23 By Mr. Putnam: 24 2 5 Q. Mr. Bueler, my name's Jeff Putnam. I McCracken & Norton Court Reporters Houston, Texas 130 1 know we've met before. I represent Wagner in this 2 case. I have a few questions for you. 3 I want to clear up a few things. 4 You previously testified that Wagner provided 5 a s s e m b l i e s to Ford. Is that right? 6 A. Yes. Brake assemblies to Ford. 7 Q. Do you know what time periods? 8 A. B r a k e a s s e m b l i e s to -- for use in some 9 Ford vehicles would have been in the sixties and 10 some in the seventies I believe. 11 Q. Do you know what vehicles those were 12 supplied for? What types of vehicles? 13 A. They were the smaller vehicles. We had 14 some contracts for I believe Falcons, and there 15 might have been some Mavericks or something in 16 there in that period of time. These were complete 17 brake assemblies. These were not service brake 18 parts. 19 Q. With respect to the linings, how was the 20 lining chosen for those? 21 A. In the case of the OE manufacturers, the 22 linings that we sup p l i e d were in d i r e c t r e s p o n s e to 23 the s p e c i f i c a t i o n b y the customer. In that case it 24 would have been Ford engineering would have said 25 what lining to use. McCracken & Norton Court Reporters Houston, Texas 131 1 Q. Okay. W i t h respect to GM and supplying 2 t h e m w i t h o r i g i n a l e q u i p m e n t a s s e m b l i e s -- is that 3 the right -- 4 A. I think that's an acceptable 5 terminology. 6 Q. Okay. What time periods did Wagner 7 supply to GM? 8 MS. WRIGHT: Objection. Asked and 9 answered. 10 THE WITNESS: A strong recollection 11 about the sixties, p o s s i b l y down into some of the 12 fifties, and into the seventies. 13 Q. (By Mr. Putnam) What types of vehicles? 14 A. These brake assemblies would have been 15 for medium trucks basically. 16 Q. Okay. Are you aware of passenger 17 vehicles ? 18 A. At General Motors we never supplied 19 brake assemblies for passenger vehicles on an OE 2 0 basis . 21 Q. You also mentioned Dodge. Do you know 22 what time period you supplied assemblies, OE 23 assemblies for Dodge? 24 A. OE assemblies would be furnished in the 2 5 sixties and into the early seventies to Dodge McCracken & Norton Court Reporters Houston, Texas 132 1 truck. These again would be medium trucks. Brakes 2 in the n a t u r e of 15, 16 in c h d i a m e t e r . 3 Q. Okay. 4 MS. ANDERSON: Objection. 5 Nonresponsive. 6 Q. (By Mr. Putnam) You m e n t i o n e d 7 International Harvester. Do you know what time 8 periods you supplied to International Harvester? 9 A. Possibly the fifties. Definitely the 10 sixties. Definitely the seventies. Again for 11 trucks of m ed i u m size. 12 Q. Okay. Studebaker. That predates me, 13 but what time period? 14 A. That would have been in the fifties, and 15 that would have been for passenger cars. 16 Q. Okay. American Motors was another name 17 you mentioned. What time periods did you supply 18 original assemblies to? 19 A. American Motors we would have supplied 2 0 o r i g i n a l a s s e m b l i e s in 19 -- late f i f t i e s into the 21 sixties. 22 Q. Okay. Do you know what types of 23 vehicles? 24 A. American Motors made vehicles they 25 called Ramblers which were some of the early McCracken & Norton Court Reporters Houston, Texas 133 1 compact vehicles. They made Rambler Americans and 2 other size Ramblers, and they were relatively small 3 passenger cars. 4 Q. Okay. In each of these instances with 5 OEM assemblies how was the lining chosen? The 6 brake lining chosen? 7 MS. ANDERSON: Objection. Asked and 8 answered. 9 MS. WRIGHT: Join that objection. 1 O THE WITNESS: The lining in all 11 cases on the OE was chosen by the vehicle 12 manufacturer. 13 Q. (By Mr. Putnam) Okay. In your prior 14 testimony you also mentioned that there was a dust 15 collection system, things of that nature at the 16 Wagner plant for the people working in the factory. 17 Is that right? 18 A. That is correct. 19 Q. Okay. Did there ever come a time where 2 O any outside companies or persons came in to do air 21 m o ni t o r i n g at the plants? 22 A. Yes. Monitoring was done in the 23 seventies after the OSHA determinations, EPA 24 determinations were put out to determine whether 25 the air in tho s e are a s -- w h e t h e r the air in tho s e McCracken & Norton Court Reporters Houston, Texas 134 1 areas was acceptable according to the OSHA 2 standards. 3 Q. As far as y o u k n o w was the -- did the 4 air testing results come back as b eing acceptable? 5 A. In all cases that I've heard about they 6 were acceptable. In no cases did I hear about were 7 they unacceptable. 8 MR. PUTNAM: Pass the witness. 9 10 11 FURTHER EXAMINATION 12 13 By Mr . Cook: 14 15 Q I just have a few more que stio n s , M r . 16 Buel er 17 Mr . Shipley represe nt ing Bridgestone 18 Fire s t one whi eh I think is r e l a t e d t o a c o m p a n y 19 call ed W o r l d b esto s, h a v e y o u ever h e a r d of 20 Worldbestos? 21 A. As a matter fact, I have, yes. 22 Q. How do you know about Worldbestos? 23 A. W o r l d b e s t o s is a lining supplier. I'm 24 not certain who used them. I'm not certain that we 25 used them. McCracken & Norton Court Reporters Houston, Texas 135 1 Q. You think you used them? 2 A. I say I -- I' m no t c e r t a i n . I don 't 3 know whether we did or not. 4 Q. In r e g a r d to E x h i b i t N u m b e r 4, Mr . 5 Shipley seemed to indicate and you seemed to agree 6 that this was about raw asbestos. Do you remember 7 that question? 8 A. I remember that question. I remember 9 that assertion I guess. I don't remember saying 10 a n y t h i n g o t h e r than I s u b s e q u e n t l y w e n t t h r o u g h -- 11 or was this the one? Which one did I go through? 12 Q. This is the one you w e n t through. 13 A. Okay. 14 MR. PUTNAM: Just answer the 15 question he asked you. 16 THE WITNESS: Okay. Would you reask 17 the question? 18 Q. (By Mr. Cook) Okay. He asked you about 19 and I think your answer was, yes, that this 20 document only related to raw asbestos or something 21 to that effect. Do you remember that question? 22 A. Yes. 23 MR. SHIPLEY: Objection. Misstates 24 the question. 25 Q. (By Mr. Cook) T a k e a -- McCracken & Norton Court Reporters Houston, Texas 13 6 1 MR. PUTNAM: Join the objection. 2 Q. (By Mr. Cook) Take a look at Page 511, 3 and let's just clear this up as to w he t h e r this 4 document only relates to raw asbestos. The top 5 table. 6 A. Okay. Table Number II? Is that the 7 one ? 8 Q. R o m a n N u m e r a l N u m b e r II. 9 A. R o m a n N u m e r a l II, yes. 10 Q. That table relates to dust e x p osures of 11 operators of grinding machines, does it not? 12 A . Yes, sir. 13 Q. And if you look down, it's taking 14 samples. Sample N u mber 4 is from an internal brake 15 grinder, and sample Numb e r 5 is from an external 16 brake grinder. 17 A . Yes, sir. 18 Q. So, these do deal w i t h b r a k e g r i n d i n g 19 issues, do they not? 20 MR. PUTNAM: I 'm -- let me o b j e c t to 21 the extent that the terms internal brake grinder 22 and external brake grinder are not defined in the 23 article. So, it's v a g u e and a m b i g u o u s to that 24 extent. 2 5 MR. KNABESCHUH: Join. McCracken & Norton Court Reporters Houston, Texas 137 1 Q. (By Mr. Cook) My -- m y q u e s t i o n was, 2 sir, that this article does deal with things other 3 than raw asbestos. 4 A. It appears that it does. 5 Q. Do you know who manufactured the 6 g r i n d i n g m a c h i n e s that you use at y o u r c o m p a n y at 7 Wagner ? 8 A. No, sir. 9 Q. Now, in regard to the next document, 1 0 B u e l e r E x h i b i t N u m b e r 5, y o u w e r e a s k e d if y o u saw 11 the word cancer or mesothelioma in this article. 12 A. That's correct. 13 Q. Do you know as you sit here today 14 w h e t h e r there are m u l t i p l e hazards to h e a l t h from 15 exposure to asbestos? 16 MR. PUTNAM: Objection. Vague and 17 am b i g u o u s as to m u l t i p l e haz a r d s to health. 18 Q. (By Mr. Cook) More than one. 19 A. I'm not sure w h a t your q u e s t i o n is. 2 0 Q. Well, Mr. Shipley, representing 2 1 Bridgestone Firestone and whatever relation they 22 have to Worldbestos, asked you questions about 23 mesothelioma and cancer and whether you saw those 24 ter m s in -- in these a r t i c l e s . W h e t h e r t h o s e terms 2 5 were used in these articles, did you see McCracken & Norton Court Reporters Houston, Texas 138 1 indications of health hazards of some sort related 2 to asbestos exposure in these two articles? 3 A. I w o u l d have to read it a lot more 4 t h o r o u g h l y . I wa s l o o k i n g for the w o r d s that he -- 5 Q. But certainly you saw that in Exhibit 6 Number 4 which you did read. 7 A. I -- 8 MR. PUTNAM: Objection. 9 Argumentative and mischaracterizes testimony. 10 THE WITNESS: What I saw in 4 was 11 some information about grinders. Internal and 12 external grinders. 13 Q. (By Mr. Cook) And h e a l t h h a z a r d s of 14 asbestos? 15 MR. PUTNAM: Objection. Misstates 16 his testimony. 17 THE WITNESS: U n der dust e x p osure of 18 operators of grinding machines I saw that internal 19 and external gri n d e r s are i n d i c a t e d some amount of 20 p articles of material in the air. 21 Q. (By Mr. Cook) All right. Did you see 22 any indication in Number 4 that there might be some 23 health hazard associated with these asbestos 24 particles in the air? 2 5 A. I see a paragraph entitled Asbestos Dust McCracken & Norton Court Reporters Houston, Texas 139 1 Hazards. 2 Q. All right, sir. 3 A . B e y o n d that I -- I'm a f r a i d I c a n ' t do a 4 whole lot . I have to read it thoroughly. 5 Q. All right. Let me go on and ask you 6 some ques tions about your other testimony in regard 7 to follow ing the s p e c i f i c a t i o n s of GM, Chrysler, 8 and the o ther manufacturers. 9 MS. ANDERSON: Objection. Misstates 10 prior tes ti m o n y . 11 MR. COOK: What have I misstated 12 about his prior testimony, counsel? 13 MS. ANDERSON: I made my objection. 14 MR. COOK: Well, I'm e n t i t l e d to 15 k n o w if y ou're g o ing to make an o b j e c t i o n other 16 than a le gal o b j e c t i o n so that I can cur e the -- 17 the que s t ion. Is there some -- s o m e t h i n g 18 obj ec tion able so that I can cure it? 19 MS. ANDERSON: I b e l i e v e it 2 0 misstates hi prior testimony -- 21 MR . COOK: In what way? 22 MS . A N D E R S O N : -- is m y o b j e c t i o n . 23 MR. COOK: In what way? 24 MS . ANDERSON: That's my objection 25 Q. (By Mr. Cook) Is it -- w a s y o u r p r e v i o u s McCracken & Norton Court Reporters Houston, Texas 140 1 testimony true that your company followed 2 specifications for brake linings from these various 3 companies as testified to in response to your 4 attorney's questions? 5 A . Yes. 6 Q. All right. Would you have welcomed 7 i n f o r m a t i o n from these companies, GM, Ford, 8 Chrysler, Studebaker, whatever, AMC, about the 9 materials that were called for in their 10 specifications or did you care? 11 MS. ANDERSON: Objection. 12 MR. PUTNAM: Objection. 13 MS. ANDERSON: Misst at es prior 14 test imony. 15 MR. PUTNAM: Objection. Compound 16 and calls for speculation. 17 THE WITNESS: I'm not sure what 18 you're asking. 19 Q. (By Mr. Cook) D id you care w h a t type of 20 mater ia ls and what type of specifications the 21 automobile manufacturers did independently or were 22 you just concerned with following their directions? 23 MR. PUTNAM: Objection. Compound. 24 THE WITNESS: We were concerned 25 independently. McCracken & Norton Court Reporters Houston, Texas 141 1 Q. (By Mr. Cook) All right. Why? 2 A. Because we w an t e d to be sure that the 3 brakes would perform properly. 4 Q. So that no matter what the 5 specifications, you looked at the product that you 6 were making and sending to them i nd ep en de nt ly from 7 a performance standpoint. 8 A. From a performance standpoint. 9 Q. All right. Any other standpoint? 10 A. Not to my knowledge. 11 Q. Now, did you rely on these original 12 equipment manufa ct ur er s to provide you w arnings 13 about any materials in the specifications that 14 might pose a hazard, a health hazard for your 15 employees ? 16 A. I can't answer that. I have no 17 r e c o ll ec ti on of whether we relied or not. 18 Q. Would you have expected the people that 19 wer e g i ving you the s p e c i f i c a t i o n s to advise you 2 0 and alert you as to any potential health hazards 21 associated with the materials that were called for 22 in those specifications? 23 A. It would have been nice had that 24 knowledge been available. 25 Q. Why? McCracken & Norton Court Reporters Houston, Texas 142 1 A . Because you w o u l d u t i l i z e it to the best 2 of y o u r a b i l i t y to r e d u c e the h a z a r d if t h ere is a 3 hazard. 4 Q. And again the more information you have 5 available, the better you can assess the hazard and 6 d e c i d e w h a t to do about it. 7 MR. PUTNAM: Objection. 8 Argumentative. 9 Q. (By Mr. Cook) Is that correct? 10 MR. PUTNAM: Objection. 11 Argumentative. Calls for speculation. 12 THE WITNESS: Generally the more 13 information you have about something the better 14 decision you can make. 15 Q. (By Mr. Cook) T h ank you, sir. 16 Now, y o u w e r e a l s o a s k e d a b o u t -- by 17 your attorney about some air sampling studies that 18 were done at your plants. 19 A. Urn-hum. 20 Q. Who did those studies? 21 A . An outside firm. 22 Q. W h a t is the name of that firm? 23 A . The name as I recall is G e r g e a l or 24 something to that effect. 2 5 Q. But you can't give me that e x a c t n a m e as McCracken & Norton Court Reporters Houston, Texas 143 1 we sit here today? 2 A. No. I can't while we're sitting here. 3 Q. Did you participate in those studies? 4 A . N o , sir. 5 Q. Do you know what protocols were followed 6 in those studies? 7 A . N o , sir. 8 Q. Do you know whetherwhatever protocols 9 were called for in those studies were accurately 10 followed by those people performing those studies? 11 A. I did not witness the studies. I cannot 12 make any determination about that. 13 Q. So, y o u ' r e not here to v o u c h for the 14 val id it y of those studies. 15 A. No, sir. I cannotvouch for the 16 validi ty. 17 MR. COOK: I'll pass the witness. 18 Thank you, sir. 19 MR. PUTNAM: Anybody else? 2 0 MR. COOK: That's all. Thanks. 21 THE V I DEOGRAPHER: 2:02. We're off 22 the record. 23 24 25 R I C H A R D C. B U E L E R McCracken & Norton Court Reporters Houston, Texas 144 1 THE STATE OF : 2 COUNTY OF 3 SUBSCRIBED and sworn to before me, the 4 u n d e r s i g n e d a u t h o r i t y , t h i s ____________ da y of 5 , 1998. 6 7 Notary Public State of 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 McCracken & Norton Court Reporters Houston, Texas 145 1 IN THE STATE OF TEXAS 2 COUNTY OF HARRIS : 3 4 I, J u d y Conley, a C e r t i f i e d 5 Shorthand Reporter in and for the State of Texas, 6 do her eb y certify that the facts as stated by me in 7 the caption hereto are true; that the above and 8 f o r e g o i n g a n s w e r s of the w i t n e s s , R I C H A R D C. 9 BUELER, to the interr o g a t o r i e s i n d i c a t e d were made 10 before me by the said witness after first being 11 duly sworn to testify the truth, the w h o l e truth 12 and n o t h i n g but the truth, and same w e r e r e d u c e d to 13 typewriting under my direction; that the above and 14 f o r e g o i n g d e p o s i t i o n as set f o r t h in t y p e w r i t i n g is 15 a full, true and correct transcript of the 16 p r o c e e di ng s had at the time of taking said 17 depo si t i o n . 18 I further certify that I am not, in 19 any capacity, a regular employee of the p arty in 20 w h o s e behalf this d e p o s i t i o n is taken, nor in the 21 r e g u l a r employ of his attorney; and I c e r t i f y that 22 I am not interested in the cause, nor of kin or 23 counsel to either of the parties. 24 25 McCracken & Norton Court Reporters Houston, Texas 146 1 Given under my hand and seal of 2 office on this the day of 3 1998 . 4 5 6 No. 2573, Expires 12/31/99 7 733 East 6 1/2 Street Houston, Texas 77007-1795 8 (713) 868-1901 9 10 11 12 13 14 15 16 17 18 19 2 0 21 22 23 24 2 5 McCracken & Norton Court Reporters Houston, Texas 145 1 IN THE STATE OF TEXAS s 2 COUNTY OF HARRIS : 3 4 I, J u d y Conley, a C e r t i f i e d 5 Shorthand Reporter in and for the State of Texas, 6 do hereby certify that the facts as stated by me in 7 the caption hereto are true; that the above and 8 f o r e g o i n g a n s w e r s of the w i t n e s s , R I C H A R D C. 9 BUELER, to the i n t e r rogatories i n d i cated were made 10 before me by the said witness after first being 11 duly sworn to testify the truth, the whole truth 12 and n o t h i n g but the truth, and same w e r e r e d u c e d to 13 typewriting under my direction; that the above and 14 f o r e g o i n g d e p o s i t i o n as set f o r t h in t y p e w r i t i n g is 15 a full, true and correct transcript of the 16 proceedings had at the time of taking said 17 deposition. 18 I further certify that I am not, in 19 any capacity, a regular employee of the party in 2 0 w h o s e be h a l f this d e p o s i t i o n is taken, nor in the 2 1 regular employ of his attorney; and I certify that 22 I am not interested in the cause, nor of kin or 23 counsel to either of the parties. 24 25 McCracken & Norton Court Reporters Houston, Texas 147 1 NO. 94- 007165 2 S T E P H E N F. BLOCK, JR. ) IN THE DISTRICT COURT OF AND RITA BLOCK, ) 3 Plaintiffs, ) VS . ) HARRIS COUNTY, T E X A S 4 ) MAREMONT CORPORATION, ) 5 ET AL, ) Defendants. ) 215TH JUDICIAL DISTRICT 6 7 CERTIFICATE TO THE DEPOSITION OF R I C H A R D C. B U E L E R 8 9 I, J u d y Conley, a C e r t i f i e d 10 Shorthand Reporter in and for the State of Texas, 11 do hereby certify pursuant to The Texas Rules of 12 Civil Procedure and/or agreement of the parties 13 p r e s e n t to the following: 14 That the deposition of RICHARD 15 C. BUELER, t a k e n on the 2 8 t h da y of April, 1998, is 16 a true record of the testimony given by the 17 witness, after said witness was duly sworn by me. 18 That $_________________is the c h a r g e 19 for the p r ep ar at i on of the completed dep os it io n 20 t r a n s c r i p t and any copies of exhibits, c h a r g e d to 21 R U S S E L L L. COOK, JR., T B A No. _______________________ , 22 Attorney for PLAINTIFFS. 23 That the deposition transcript was 24 available for examination and signature on the 2 5 ________ da y o f __________________________, 1998 by the McCracken & Norton Court Reporters Houston, Texas