Document vVGjreEVyj605D22kJzx5gV2Y
FILE NAME: International Harvester (INTH) DATE: 2011 June 1 DOC#: INTH059 DOCUMENT DESCRIPTION: Legal - Deposition ofJ. Schuman 2nd
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HG LITIGATION SERVICES HGL.ITIGATION.COM
JAMES SHUMAN, II
1 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
2
Page 2
3 ASBESTOS LITIGATION
4 JOHN A. COWAN and THELMA COWAN, Husband
5 and Wife
6
Plaintiffs,
7 vs .
DOCKET NO. MID L-008122 09
8 AGCO CORPORATION f/k/a
ALLIS CHALMERS COMPANY
9 (sued individually and successor to
MASSEY FERGUSON CO); et ai.
10
Defendants.
11
/
12
VIDEOTAPED
13
DEPOSITION OF:
JAMES SHUMAN, IT
14
DATE :
June 1, 2011
15
TIME :
9:06 a.m to 3:37 p.m.
16
PLACE:
17
Tampa Marriott Westshore 1001 North Westshore Boulevard Tampa, Florida
18
BEFORE :
19
Dorothy A. King, RPR Notary Public, State of Flo rida
20
21
22
23
24
25
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
1 APPEARANCES :
Page 3
2 APPEARING ON BEHALF OF THE PLAINTIFFS:
<
SIMON EDDINS & GREENSTONE, LLP
BY: CHRISTOPHER J. PANAT1ER, ATTORNEY AT LAW
4
32 32 McKinney Avenue
Suite 610
5
Dallas, Texas 75204
214.27 6.76.80
6
APPEARING ON BEHALF OF DEFENDANT NAVISTAR/INTERNAT TONAL 7 HARVESTER:
8
ECKERT SEAMANS CHERIN & MELLOTT, LLC
BY: ROBERT J. HAFNER, ATTORNEY AT LAW
9
Two Liberty Place
50 South 16th Street
10
22nd Floor
Philadelphia, Pennsylvania. 19102
11
215.851.8400
12 APPEARING ON BEHALF OF DEFENDANT NAVISTAR/INTERNAT IONAL
HARVESTER:
13
BAKER STERCHI COWDEN & RICE LLC
14
BY: JAMES T. SIEGFRIED, ATTORNEY AT LAW
24CO Pershing Road
15
Suite 500
Kansas City, Missouri 64108-2533
1 i r O
816.471.2121
17 APPEARING TELEPHONICALLY ON BEHALF OF DEFENDANT NAVISTAR
18
WHARTON LEVIN EHRMANTRAUT & KLEIN, P.A.
BY: MICHAEL T. WHARTON, ATTORNEY AT LAW
1 9
10 4 West Street
Anr.apczis, Maryland 214 04-0551
20
410.263.5900 (x3302)
21 APPEARING TELEPHONICALLY ON BEHALF OF PNEUMO ABEX, LLC .
zz
COOCH AMD TAYLOR, P.A.
BY: CHRISTOPHER H. LEE, ATTORNEY AT LAW
.-\ Z
--.5>
The Brandywine Building
1000 West Street:
2 4
0t h r Q q ]
Wilmington, Delaware 19899-1680
25
302.984.3808
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
Page 4
1 APPEARING TELEPHONICALLY ON BEHALF OF DEFENDANT CRANE C O .;
McWANE CORP.; R.T. VANDERBILT; ZOMOX; UNIVERSAL OIL
PRODUCTS; DANA COMPANIES, LLC; UNION CARBIDE CORPORATION,
CBS CORPORATION:
3
SWARTZ CAMPBELL, LLC
BY: PATRICK M. BRANNIGAN, ATTORNEY AT LAW
300 Delaware Avenue
5
Suite 1130
Wilmington, Delaware 19801
6
302.656-5963
7 APPEARING TELEPHONICALLY ON BEHALF OF DEFENDANT ATWOOD &
MORRILL:
8
McGIVNEY & KLUGER, P.C.
9
BY: NANCY E. WHINNERY, ATTORNEY AT LAW
1201 Orange Street
IC
Suite 501
Wilmington, Delaware 19801
11
302.656.1200
12 APPEARING TELEPHONICALLY ON BEHALF OF HONEYWELL
INTERNATIONAL, INC.:
13
RAWLE & HENDERSON, LLP
14
BY: MEREDITH A. MACK, ATTORNEY AT LAW
SUSAN REICHELSON, ATTORNEY AT LAW
15
The Widener Building
One South Penn Square
16
Philadelphia, PA 19107
215-575-4311 (direct)
17
18 APPEARING TELEPHONICALLY ON BEHALF OF CHICAGO BRIDGE AND IRON:
19
Hollstein Keating Cattell Johnson & Goldstein PC
20
BY: DANA R. JELEPIS, ATTORNEY AT LAW
1628 J.F.K. Boulevard
21
Suite 2000
Philadelphia, Pennsylvania 19103
22
215.320.2083
23
24
25
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
Page 5
APPEARING TELEPHONIC ALLY ON BEHALF OF FORMOSA PLASTICS;
FOS TER WHEELER; IMC INDUSTRIES; J-M MANUFACTURING : r\1
MARKS, O'NEILL, O'BRIEN & COURTNEY, ?.C.
BY: JEFFREY S. MARLIN, ATTORNEY AT LAW
Suite 900
300 Delaware Avenue
Wilmington, Delaware 19301
5
302-351-2323
6 APPEARING TELEPHONICALLY ON BEHALF OF DEFENDANT DOVER BRAKE
AND CLUTCH:
7
RONCA, HANLEY, NOLAN & ZAREMBA, LL?
g
BY: JOHN J. RONCA, JR., ATTORNEY AT LAW
5 Regent Street
Suite 517
Livingston, New Jersey 07039
10
97 3.994 .2 030
11 APPEARING TELEPHONICALLY ON BEHALF OF DEFENDANT OF
BORG-WARNER:
12
EOAGLAND, LONGO, MORAN, DUNST, & DOUKAS, LLP,
1 3
BY: CRISTYN D. CLIFTON, ATTORNEY AT LAW
40 Petersen Street
14
New Brunswick, New Jersey 08901
732.545.4717
15
APPEARING TELEPHONICALLY APPEARING OI BE F OF JOHN CRANE,
16 INC .:
O'CONNELL, TTV IN, MILLER & BURNS
3Y: BENJAMIN PUCCl, ESQUIRE
18
135 South LaSa _I0 Street
Suite 2300
19
Chicago, H i inois 60603-4152
312.256.8800
APPEAR.INC//ON BEHALF OF KELSEY-HAYES COMPANY; MAREMONT 21 CORPORA"
2 2
WT.BRAHAM LAWLER & 3UBA
BY: MICHAEL J. BLOCK, ATTORNEY AT LAW
2 3
24 Kings Highway
Kaddonfield, New Jersey 08033
24
856.795.4422
25
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
Page 6
1 APPEARING TELEPHONICALLY APPEARING ON BEHALF OF A.O. SMITH; BORG-WARNER; BW/IP; DOVER FLUID MANAGEMENT; GARDNER;
2 D.B. RILEY:
3
ELZUFON AUSTIN REARDON TARLOV & MONDELL, P.A.
BY: BRIAN TOME, ATTORNEY AT LAW
4
PENELOPE B. O'CONNELL, ATTORNEY AT LAW
300 Delaware Avenue
5
Suite 1700
Wilmington, Delaware 19899
6
302.428.3181
7 APPEARING TELEPHONICALLY ON BEHALF OF DEFENDANT GENUINE
PARTS COMPANY, INCORRECTLY IDENTIFIED AS GENUINE PARTS
8 COMPANY D/B/A NATIONAL AUTOMOTIVE PARTS ASSOCIATION
A/K/A NAPA):
9
MARON MARVEL BRADLEY & ANDERSON, P.A.
10
BY: STEPHANIEA. FOX, ATTORNEY AT LAW
1201 North Market Street
11
Suite 900
Wilmington, Delaware 19801
12
302.425.5177
13 APPEARING TELEPHONICALLY ON BEHALF OF DEFENDANT SULZER PUMPS
US) INC.:
14
MCCARTER & ENGLISH, LLP
15
THEODORE W. ANNOS, ATTORNEY ATLAW
405 North King Street
16
Eight Floor
Wilmington, Delaware 19801
17
302.984-6317
18 APPEARING TELEPHONICALLY ON BEHALF OF BORN, INC.;
SUNDSTRAND; SUNDYNE, INC.:
19
McGIVNEY & KLUGER, P.C.
20
BY: PAUL D. SUNSHINE, ATTORNEY AT LAW
1201 N. Orange Street,
21
Suite 501
Wilmington, Delaware 19805
22
302.656.1200 (Ext. 226)
23
24
25
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
APPEARING TELEPHONICALLY ON BEHALF OF EATON CORPORATION
Mc e l r o y , d e u t s c h , mul vane y & c a r p e n t e r , l ^p BY: HARRY T. QUICK, ATTORNEY AT LAW 1300 Mount Kemble Avenue Morristown, New Jersey 07962 973.425.8677 ALSO PRESENT: JOHN BARLOW, VIjEOGRAPHER
Page 7
7
T N DEX
8 DIRECT EXAMINATION BY MR . PANAT1ER
9
D r* i~\c c
OAJOO
EXAMINATION
BY MR.
3 LOCK
10 CROSS EXAMINATION BY MR. TOME
11 REDIR ECT EXAMINATION BY MR. PANAT1ER
12 RECRO SS EXAMINATION BY MR . TOME
13 CROSS EXAMINATION BY MR. HAENER
14 REDIR ECT EXAMINATION BY MR. PANAT1ER
15 CERTI FICATE OF GATH
16 REPORTER'S CERTIFICATE
17 ERRAT A SHEET
18
19
2C
21
22
2 3
24
2 5
Page 12 Page 1 Page ZO. 44 Page Z. 48 Page 248 Page 250 Page L50 Page 25 7 Page 258 Page Z'O 59
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JAMES SHUMAN, II
1
EXHIBITS
Page 8
2 Plaintiffs'
Description
Marked
3
1 Cowan v. AGCO Notice of Taking Deposition
11
2 Gordon v. A.O. Smith Corporation Notice of
11
4
Taking Deposition
3 Caution Notice
70
5
4 Service Manual, Foundation Brake - Air
7 5
5 Service Manual, Clutch
106
6
6 Chicago Tribune Article
124
7 Operator's Manual, Loadstar
127
7
8 MT - 98 Parts Catalog
131
9 Operator's Manual, International Motor Trucks 134
8
1C
MT - 29A Farts Catalog
137
11
Industrial Review, February 1936
141
9
12
Industrial Commission of Wisconsin
150
13
ASME Membership List, 1928
157
10
14
ASME Membership List, 1934 - 1935
159
15
ASME Membership List, 1940
160
11
16
Mechanical Engineering: February 1933,
161
April 1933, February 1935
12
17
Maintenance
178
18
EPA Guidance
180
13
19
EPA Article
193
2C Asbestos Article
196
14
21
U.S. Department of Labor Article
199
22
Annual Report
203
15
23
Safety Supervisor Article
205
24
Melrose Park Plant Article, January 27, 1975 210
16
25
Safety Procedure for Asbestos
214
26 Removal of Asbestos Bushings
215
17
27
Letter from Simmons to Dobek
217
28
Industrial Hygiene Survey
220
18
29
Letter from Janetka to Boniger
226
19
20
21 Defendar t's
Description
Marked
22
1
23
Objections to Plaintiff's
111
Deposition Notice
24
25
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
Page 9
i
MR. HAFNER: Just for the record, my name is
2
Bob Hafner, I'm an attorney representing a company
3
called Navistar, Inc.
4
We're here today for the purpose of taking the
C
deposition of a corporate representative of Navistar.
6
By agreement of counsel, we're actually producing
7
Mr. James Shuman as a corporate representative of
8
Navistar to be deposed in two different cases: The
9
John and Thelma Cowan matter, which is pending in the
10
Superior Court of New Jersey, Middlesex County, and
11
the --
12
MR. PANATIER: Melvin Gordon case.
13
MR. HAFNER: -- the Melvin Gordon case, which is
14
pending in the State Court in Delaware. We're going
15
to be doing a single deposition for booh cases.
16
Before we go on the video record, I just wanted
17
to get a couple of stipulations on uhe record so we
18
can hopefully streamline the process here.
1 9
First, there's an agreement of counsel, T
20
believe, all objections except as to form of the
21
question are preserved until the time of trial. I
22
believe, in fact, a stipulation of chat is not
23
necessary because I understand the Mew Jersey rules
24
of court which I know for certain provide for that,
25
and I believe the Delaware court rules provide for
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
1
that as well.
Page 10
2
But, again, the only objection that need be
3
stated on the record at this point is as to the form
4
of the question.
5
Secondly, I understand we have an agreement that
6
an objection by one party enures to the benefit of
7
all parties, so we don't need to have six, seven
8
people making separate objections on the written
9
record, if that's acceptable to plaintiff's counsel?
10
MR. PANATIER: Indeed.
11
MR. HAFNER: And then third and finally, I don't.
12
think this is an issue for anybody, but just in case,
13
not that we have an agreement that an appearance of
14
any party at this deposition, appearance of attorney
15
on behalf of any party at this deposition, does not
16
constitute a waiver of any defenses or objections to
17
plaintiff's complaint they may have and, in
18
particular, concerning service or manner of service
1 9
of process.
20
At this point, hopefully, those aren't any
21
issues that are outstanding for anyone; is that
22
acceptable to plaintiff's counsel?
23
MR. PANATIER: Yes.
24
MR. HAFNER: Then, finally, before we go on the
25
written record, I'm just going to mark as
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
Page 11
1
Defendant's Exhibit 1, in the Cowan matter, we had
2
served earlier in the week objections to the notice
3
of deposition. They speak for themselves,
4
Plaintiffs' counsel has them, T suspect there's not
5
going to be any issue, but just so it's part of the
6
record, I'll just mark it as Exhibit 1 and they'll be
7
marked part of the transcript.
S
(Defendant's Exhibit Number 1 was marked for
9
identification.)
10
MR. PANATIER: And Plaintiffs' Exhibits 1 and 2
11
are going to be the notice in the Cowan and Gor don
12
cases, that's 1 and 2, and the rest likely will be
13
Plaintiffs' exhibits.
14
(Plaintiffs' Exhibit Numbers 1 and 2 were marked
15
for identification.)
16
(Discussion off the record)
17
THE VIDEOGRAPHER: We are now on the video
18
record. Today is July 1st, 2011. The time is 9 :C6 .
19
Today's deposition is of Mr. James Shuman.
20
You may swear in the witness in.
21
JAMES SHUMAN, II
22 the witness herein, being first duly sworn on oath, was
23 examined and deposed as follows:
24
THE WITNESS: I do.
2 5
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
Page 12
1
DIRECT EXAMINATION
2 BY MR. PANAT1ER:
3
Q. Sir, can you go ahead and just ceil us your
4 name?
5
A. My name is James Arthur Shuman, II.
6
Q. And, sir, are you currently working or are you
7 retired?
8
A. Both.
9
Q. All right. Go ahead and tell us kind of what
10 you do day-to-day in terms of being both retired and doing
11 some work
12
A. I am retired from Navistar. Actually, I workec.
13 about 30 years for the International Harvester Company and
14 about three years for Navistar.
15
Before I retired, I then went to work for a
16 forensic engineering firm in Aurora, Illinois for about
17 five years. I then left that firm ana moved to Florida,
18 formed my own consulting firm, which I still operate.
19
Q. What's your consulting firm that you still
20 operate cailed?
21
A. Shu-Con, Inc.
22
Q- Is that S-H-U C-O-N?
23
A. Yes, Shu, hyphen, Con.
24
Q. Okay. What kind of work does your consulting
25 firm do?
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
1
A. Basically, it was formed to do accident
Page 13
2 reconstruction, truck design, some truck design, that sort
3 of thing.
4
Q- Do you serve as an expert witness from time to
5 time in litigation involving truck design, accidents and
6 so forth?
7
A. I have, yes.
8
Q. How many times have you served as an expert
9 witness in that kind of context?
10
A. Over the years?
11
Q. Yeah.
12
A. I have no idea.
13
Q. Do you have a ballpark?
14
A. N o .
15
Q. Is it less than 50 or more than 50?
16
A. It would be 50 but I can't take you any further
17 that than
18
Q. Okay. So you have some what would at least
19 moderate to broad experience serving as an expert witness
20 in litigation?
21
MR. HAFNER: Objection to form.
22
A. Yes.
23
Q. Today you understand that you are here as the
24 corporate representative for
25 Navistar/International Harvester?
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
Page 14
1
A. I understand that I'm a corporate witness and
2 not an expert witness, yes.
3
Q. Okay. And you understand, you've actually
4 served in that capacity in depositions in asbestos cases
5 before; true?
6
A. I have.
7
Q. You understand that today you are the
8 representative of Navistar in this deposition?
9
A. Yes, sir.
10
Q. And you understand that when you talk, you're
11 talking for the company, Navistar; correct?
12
A. Yes.
13
Q. You understand you're also being deposed today,
14 you're doing one deposition but it's going forward in two
15 different cases, it's going forward in the John Cowan case
16 and Melvin Gordon case; correct?
17
A. I understand that.
18
Q. Sir, did you review anything, any type of
19 documents, any testimony before you came here to testify
20 today in preparation for this depo?
21
A. I did.
22
Q. What did you look at?
23
A. I saw several volumes of Mr. Cowan's deposition;
24 I saw -- I also saw some discovery in the Cowan case. I
25 saw several depositions of Mr. Gordon in the Gordon case;
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
1j.
A. No, I don't.
Page 69
2
Q. Was it while you were employed.?
3
A. Yes.
4
Q. So the first time you testified for
international Harvester in an asbestos case would have
6 been sometime either during or prior to 1993?
7
A. That's correct.
8
Q. Sir, did International Harvester ever include
9 with any of the replacement friction products it sold in
10 any context, whether that be gaskets, clutches, brake
11 friction materials for trucks, tractors, agricultural
12 equipment, any type of warning or instructions pertaining
13 to the care that should be used when replacing or handling
14 asbestos-containing mater1a1s?
15
MR. HAFNER: Objection to the form.
16
You can answer.
17
A. The question is where?
18
Q. When did you ever?
19
A. Did we ever?
20
Q. Yes.
21
A. I believe there was a period of time somewhere
22 that we included within the service manual and the
23 operator's manual a caution or warning and a citation of
24 the OSHA standards when they came in effect. I found,
25 when 1 was working on a separate brake problem in the
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
1 field, an insert in a box of service brakes in 1975.
Page 70
2
Q. Okay. So in 1975, you are aware of an insert in
3 a box of service brakes. What's service brakes mean?
4
A. Brakes that are being used to replace a set of
5 brakes in the field.
6
Q- Were those -- what types of -- what type of
7 truck or tractor or whatever were those brakes for?
8
A. Happened to be a Travelall that was there at the
a time, yes
10
Q. What is a Travelall?
11
A. I guess the best way to explain it would be,
12 you're probably familiar with a Suburban, General Motor s
13 Suburban? It was predecessor of General Motors Suburban.
14
Q. This was for a -- not a tractor/trailer type
15 vehicle, this was much smaller?
16
A. It was not.
17
Q. Okay. What did this insert say?
18
A. I don't remember the exact wording, but it was a
19 caution that said a list of don'ts on one side and a list
20 of do's on the other side.
21
(Plaintiff's Exhibit Number 3 was marked for
22
identification.)
23
Q. I'm marking this document as Exhibit 3. Is that
24 the document you're talking about?
25
A. This is a representative of the document.
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
Page 71
1 This -- it was not a eight and a half by eleven document,
2 but yes .
3
Q - So that's just a replica of kind of what you saw
4 in 1975?
5
A. This is a Xerox copy of the record or the
6 caut ion that I saw, yes.
7
Q . And is that blown up?
8
A. No. This is -- this portion of it is not blown
9 up.
10
Q . That's the actual size?
11
A. Of what you see with the outline on it, yes, not
12 the tota 1 page.
13
Q - Sure. There's what appears to be a document,
1 4 there was with sore wording on it, and that's the actual
15 size of what you found in the replacement set of brakes?
16
A. Sure. The copy machine makes the outline of
17 exactly what it has.
18
Q - You can hand this back. So this document says:
1 9
"Cauti on : Contai ns asbestos fibers Avoid
20
creating dust. Breathing asbestos dust may cause
21
serious bodily harm."
22
Does International Harvester agree with that
23 statement ?
24
A. In a general statement of asbestos, T believe
25 that International believes an overexposure of asbestos
HG LITIGATION SERVICES HGLITIGATION.COM
JAMES SHUMAN, II
1 can cause an issue, yes.
Page 72
2
Q. And, specifically, International Harvester
3 believes that creating dust from brakes can cause serious
4 bodily harm; correct?
5
A. In an overabundance of caution, our supplier put
6 that in the box.
7
Q. And International Harvester sold the replacement
8 brakes with this admonition in it?
9
A. I would assume that when we were selling them or
10 when they were delivering them for sale that, yes, we
11 would have sold them, we would have had them available to
12 sell, yes.
13
Q. Right. And I take it since International
14 Harvester did not pull this label or this caution out of
15 the box, that International Harvester believed it was a
16 good idea for it to go out?
17
A. By this time, in 1975 at least, this is
18 generally the accepted practice in an overabundance of
19 caution in the OSHA standard.
20
Q. At any point, did International Harvester place
21 a statement either in the packaging for replacement brakes
22 or in any of its manuals, that we don't believe that the
23 asbestos in any of the friction materials in your vehicle
24 or for use as a replacement part presents a hazard?
25
A. We didn't put it one way or the other. We said
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JAMES SHUMAN, II
Page 73
1 to refer to the OSHA standard and to, in an overabundance
2 of caution, to handle the material as the
3 Federal Government suggested.
4
Q. The other statement that's on this caution that
5 was put in the packaging of this replacement brake product
6 from International Harvester, says:
7
"Important, asbestos dust hazard. Do not
8
breathe dust. Do not use air hose for cleaning.
9
Do not machine without dust collection equipment.
10
Do use vacuum or wet cleaning methods. Do dispose
11
of dust in concealed container. Do wear a mask."
12
Does Internal Harvester still agree with those
13 admonitions for when an individual is doing a brake
14 rep1acement job?
15
A. We believe they should follow the recommendation
16 of OSHA, the OSHA standard, yes.
17
Q. The OSHA standard as it pertains to asbestos;
18 correct?
19
A. Yes.
20
Q. Now, other than what you found in the box of
21 replacement service brakes, was there ever a time where
22 International Harvester placed a warning or caution
23 pertaining to asbestos in the replacement packages or
24 replacement brakes, clutches or gasket kits for its large
25 highway tractors?
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JAMES SHUMAN, II
Page 74
1
A. I can't answer that question. I don't know one
2 way or the other whether those are put in by our suppliers
3 or not, although I would suspect that since Bendix was a
4 supplier of those brakes, that if they did it in this
5 application, they would do it in all.
6
Q. But you don't know that for a fact, you're
7 speculating; correct?
8
MR. HAFNER: Objection to the form.
9
A. I'm not speculating, I'm suggesting to you that
10 if they would do it in one place, they would do it in
11 another.
12
Q. In your over 30 years with International
13 Harvester/Navistar, did you ever actually see such an
14 insert in the replacement kits for any asbestos-containing
15 component that would have gone to a highway tractor?
16
A. I don't know that I ever saw one, one way or the
17 other. I don't believe I ever saw a service part going
18 into a tractor within normal limits.
19
Q. All right. So, but the next sort of evolution
20 of this question is, was there ever an admonition or
21 precaution pertaining to asbestos that you saw in any
22 manuals or service manuals for any International Harvester
23 piece of equipment?
24
A. Yes.
25
Q. And when was the first time that that caution
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JAMES SHUMAN, II
1 appeared?
Page 75
2
A. I don't know.
3
Q. When is the first time you're aware of it being
4 present?
5
A. The first time I was -- the first time I was
6 able to find anything many years ago was in service
7 manuals and in the operator's manuals, the language coming
8 from our suppliers into those manuals, and I believe I 9 found them in 1981 or '82; whether those are the first or
10 not, 1 don't know.
11
Q. Those are the first you're aware of?
12
A. I suspect because tney refer to the OSHA
13 standard, that there was something there prior to that.
14
Q. The first ones you're actually aware of were
15 '80, '81; right?
16
A. The first ones I found were '80, '81, '82, that
17 timeframe
18
Q- Okay .
19
A. We don't have a library of them.
20
Q. Sir, what I have here is Exhibit 4.
21
(Plaintiff's Exhibit Number 4 was marked for
22
identification.)
2 3
n\ I don't have another copy, it's got the
24 Internat, ional Harvester logo on it. Can you see that?
25
A. It does.
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JAMES SHUMAN, II
1
Q. Says service manual?
Page 76
2
A. Yes.
's
Q. Foundation: Brake air cam-actuated type; right?
4
A. Yes .
5
Q. And there is a caution inside that manual;
6 correct ?
7
A. Yes .
8
Q. Now, that manual was put together by
9 international Harvester; correct?
10
A. From information, in this particular instance,
11 supplied to us by, I believe, Eaton.
12
Q. Okay. So, in this case, what International
13 Harvester does is it puts together a service manual, and
14 then it will take information from various sources and
15 compile it together; correct?
16
A. Yes, from cur suppliers, yes.
17
Q. And International Harvester saw no reason not to
18 include that caution; correct?
19
A. In an overabundance of caution, we would include
20 it.
21
Q- All right.
22
Go ahead and hand that back.
23
The caution in this case reads:
24
"Caution: Because studies have indicated that
25
exposure to excessive amounts of asbestos dust may
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JAMES SHUMAN, II
Page 77
1
be a potential health hazard, OSHA has set maximum
2
limits of levels of airborne asbestos dust to which
3
workers may be exposed. Since most automotive
4
friction materials normally contain a sizeable
5
amount of asbestos, it is important that people who
6
handle brake linings be aware of the problem and
7
note the precautions to be taken.
8
"OSHA standards should be consulted with
9
respect to mandatory requirements, as well as for
10
suggested procedures to minimize exposure."
11
Now, does International Harvester agree with all
12 those statements it put it in its own manual?
13
A. International Harvester put those in there in an
14 overabundance of caution, as recommended by the people who
15 designed and manufactured the asbestos-containing product.
16
Q. You've said that. And the question I have is
17 does International. Harvester agree with that caution it
18 chose to place in its own manual?
19
A. I just -- I think T answered your question the
20 best that I can answer it.
21
Q. Does International Harvester agree with that
22 statement that these various -- that:
23
"Because studies have indicated that exposure
24
to excessive amounts of asbestos dust may be a
25
potential health hazard, OSHA has set maximum
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JAMES SHUMAN, II
Page 78
1
limits of levels of airborne asbestos dust to which
2
workers may be exposed."
3
Does International Harvester agree with that
4
statement?
5
MR. HAFNER; Objection, asked and answered.
6
You can answer it again.
7
A. I believe that InternationalHarvester believes
8 that the overexposure of asbestos, just like the
9 overexposure of water, can be a health hazard.
10
Q. You know, that's an interesting point. So, if
11 you take in too much water, it can be a health hazard;
12 right?
13
A. Yes.
14
Q. And if you take in too much asbestos, it can be
15 a health hazard; right?
16
A. Or wood dust or silica or many things.
17
Q. Peanut butter?
18
A. Anything.
19
Q. Yeah, could be anything. So here's a question I
20 have for you. Does asbestos have any beneficial health
21 effects, to your knowledge?
22
A. I don't know. At one time it was called the
23 miracle fiber and I don't know why.
24
Q . Do you know if it had any beneficial health
25 effects?
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