Document wKBon9BVMGom4r94Y15yvjax6
IN THE CIRCUIT COURT
THIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILLINOIS
MICHAEL THERIAULT,
)
Individually, and as
)
Special Administrator of the )
Estate of ROBERT THERIAULT, )
Deceased,
)
Plaintiff,
)
)
)
vs. ) Cause No. 10-L-436
)
A.W. CHESTERTON, INC., et al., )
Defendants.
)
)
)
VIDEOTAPE
DEPOSITION OF:
Pat Murphy
DATE:
January 20, 2011
TIME:
9:14 a.m. to 3:50 p.m.
LOCATION:
Best Western Airport Inn
8955 Daniels Parkway
Fort Myers, FL 33912
TAKEN BY:
Plaintiff
REPORTER:
Michele Benza, RPR
VIDEOGRAPHER:
Tony Wright
1 INDEX
2 WITNESS:
PAGE:
3 PAT MURPHY
4 DIRECT EXAMINATION
BY MR. KERNS:
16
5 CROSS EXAMINATION
BY MS. INGRAM:
78
6 CROSS EXAMINATION
BY MS. GONIS:
106
7 CROSS EXAMINATION
BY MR. CARLOS:
147
8 CROSS EXAMINATION
BY MS. YOUNG:
178
9 CROSS EXAMINATION
BY MR PUCCI:
187
10 CROSS EXAMINATION
BY MR. COMER:
192
11 CROSS EXAMINATION
BY MR. PISANI: 12 CROSS EXAMINATION
211
BY MR. MCCRYSTAL:
2:
13 RECROSS EXAMINATION
BY MS. GONIS:
242
14 RECROSS EXAMINATION
BY MS. INGRAM:
243
15 RECROSS EXAMINATION
BY MR. CARLOS:
257
16 CROSS EXAMINATION
BY MR. JUDGE:
257
17 CROSS EXAMINATION
BY MS. BARBIERI:
271
18 CROSS EXAMINATION
BY MS. GAMBLE:
285
19 REDIRECT EXAMINATION
BY MR KERNS:
294
20
21 (No exhibits marked.) 22
23
24
Page 2
Page 3
1 APPEARANCES: 2 TAYLOR KERNS, ESQ.
Simmons, Browder, Gianaris, Angelides 3 & Bamerd, LLC
707 Berkshire Boulevard 4 East Alton, Illinois 62024 5 On behalf of the Plaintiff; 6
BRYAN NICHOLSON, ESQ. (Via Telephone) 7 Armstrong Teasdalc, LLP
7700 Forsyth Blvd. 8 Suite 1800
St. Louis, Missouri 63105 9
On behalf of Defendants, Ametek, 10 Hercules, Meadvvestvaco, Sulzer Pumps; 11
JAMES L. MCCRYSTAL, JR, ESQ. 12 Brzytwa, Quick & McCrystal, LLC
1660 West 2nd Street 13 Suite 900
Cleveland, Ohio 44113 14
On behalf of Defendant, Eaton; 15 16 MARSAD QURAISHI, ESQ.
Collins Einhom Farrell UlanhofT, PC 17 4000 Town Center
Suite 909 18 Southfield, Michigan 48075 19 On behalf of Defendant,
Gorman-Rupp; 20 21 DAISY KHAMBATFA, ESQ. (Via Telephone)
Cozen O'Connor 22 333 West Wacker Drive
Suite 1900 23 Chicago, Illinois 60606
On behalfof Defendant, Mount 24 Vemon Mills;
Page 4
1 MATTHEW P. LACHAUSSEE, ESQ.
Dogan & Wilkinson, PLLC
2 734 Delmas Avenue
Pascagoula, Mississippi 39568
3
On behalfofDefendant, Carver 4 Pump;
5
BRITTANY YOUNG, ESQ. 6 Foley & Mansfield
1001 Highlands Plaza Drive W. 7 Suite 400
St. Louis, Missouri 63110
8
On behalf ofDefendants, Elliott 9 Company and CBS/Westinghouse;
10
BRANT FELTNER, ESQ. (Via Telephone) 11 Greensfelder, Hemker & Gale, P.C.
12 WolfCreek Drive 12 Suite 100
Swansea, Illinois 62226 13
On behalfofDefendants, Pfizer,
14 Inc.;
15
JAMES B. WALTON, ESQ.
03
R 0c3o
1 'P
PLAINTIFFS
16 Gunty & McCarthy
|| EXHIBIT
A150 South Wacker Drive
17
Suite 1025 Chicago, Illinois 60606
111 <Q
18
On behalfofDefendants,
11
u2j
CL
A
19 SPX/Marley, Newdell;
20
GEORGE KISER, ESQ. (Via Telephone) 21 Hepler Broom, LLC
130 North Main Street 22 Edwardsville, Illinois 62025
On behalfofDefendants, Trane 23 U.S., Inc., fik/a American Standard,
Inc.; Ingersoll-Rand Company, Velan 24 Valve Corp.;
1 (Pages 1 to 4)
POHLMANUSA COURT REPORTING (877) 421-0099
Page 229
Page 231
1 THE WITNESS: Absolutely.
1 THE WITNESS: Send me pictures --
2 BY MR. MCCRYSTAL:
2 MR. MCCRYSTAL: No.
3 Q. Okay. Did you ever repair a Fawick clutch that
3
THE WITNESS: -- I'll point them out to you.
4 burned out within a week?
4 MR. KERNS: What do you mean by type, I guess?
5 A. No, I did not.
5 THE WITNESS: I don't understand.
6
Q. You don't specifically know of any Fawick clutch
6
MR. MCCRYSTAL: Okay.
7 that burned out in a week?
7 THE WITNESS: I hear the question but 1 don't
8 A. Yes, I do.
8 understand it.
9 Q. Okay. Which clutch was that?
9 MR. MCCRYSTAL: Sure.
10 A. Probably No. 1.
10 BY MR. MCCRYSTAL:
11 Q. Okay. What machine?
11 Q. Was it an expanding clutch or a contracting
12 A. Paper machine maybe in the long section.
12 clutch? Do you know the difference between the two?
13 Q. What year?
13 A. Expanding.
14 A. Oh, God. I don't know.
14 Yes, 1 know what expanding is.
15 Q. When you were a millwright or when you were a 15 Q. Okay. But you don't know the part or model
16 supervisor?
16 number --
17 A. When I was supervisor.
17 A. No, I do not.
18 Q. And who installed it?
18 Q. -- for any of the clutches you worked with?
19 A. Bob. Bob T and a couple of other guys.
19 A. No.
20 Q. Did you determine the cause of its failure?
20 Q. How would you go about finding that infonnation
21 A. Sure. It was easy to determine. He had a big 21 out if you needed it?
22 plug in the dryers.
22 A. Now?
23 Q. Something unrelated to the clutch, in other
23 Q. Well, then.
24 words?
24 A. Then? You go up -- first of all, it's right on
Page 230
Page 232
1 MR. KERNS: Object to the form.
1 the clutch. There was a little name tag on it. And also,
2 THE WITNESS: That's correct.
2 you just go down to the storehouse. This stuff is in bins
3 BY MR. MCCRYSTAL:
3 for No. 1 paper machine, and all of the -- all of the
4 Q. Okay.
4 clutches were in one spot.
5 A. If it was related to the clutch that would be one
5 Q. Okay.
6 thing. But if you jam it all up and some knucklehead just
6
A. It's marked with a tag on it, No. 1 long section.
7 keeps the clutch in place, sure it's going to burn it up.
7 Q. Okay. And were there records kept, then, showing
8 Q. Okay.
8 when the clutches were repaired or replaced?
9 A. Can't turn anything.
9 A. Yes.
10 Q. I take it that the paper mill, when you're
10 Q. Okay. And where --
11 producing paper, as it dries can become a dusty area?
11 A. Most of them went back to Fawick.
12 A. Yeah, but you have hoods over it.
12 Q. Where were the records for the replacement of
13 Q. What's creating the dust in those areas?
13 clutches kept?
14 A. You do have paper dust.
14 A. In the storeroom and in the maintenance office.
15 Q. Okay.
15 Q. And were those records kept by a machine?
16 A. I admit to that. But a lot of it, I'm going to
16 A. At the end, from, I'm going to say, '82 to '84,
17 say 90 percent of it, goes up the hood and out.
17 they were kept in a computer.
18 Q. Okay. But in the process of making paper, paper
18 Q. And prior to that they were in paper?
19 dust is a byproduct?
19 A. Yeah, at best.
20 A. I would think so, yeah.
20 Q. Okay. Were the clutches ventilated clutches?
21 Q. Okay. With regard to the Fawick clutches you
21 A. Yes.
22 worked on, do you recall what type of clutch they were?
22 Q. They were all ventilated clutches?
23 A. Wow.
23 A. Not all of them, no.
24 MR. KERNS: Object to form.
24 Q. Which ones do you recall being ventilated?
58 (Pages 229 to 232)
POHLMANUSA COURT REPORTING (877) 421-0099
Page 225
Page 227
1 Q. And as a maintenance supervisor, you would not be 1 there?
2 standing there hovering over people doing packing changes
2
MR. KERNS: Objection, asked and answered.
3 or gasket changes, that type of thing?
3 THE WITNESS: We already answered that, but he
4 MR. KERNS: Object to form.
4 was a shift millwright at that time.
5 THE WITNESS: In and out of the area.
5 BY MR. MCCRYSTAL:
6
THE COURT REPORTER: I'm sorry, what? I didn't
6
Q. Okay. He never had supervisory responsibility
7 hear you.
7 over you, correct?
8 THE WITNESS: I said he'd be in and out of the
8 A. That's correct.
9 area.
9 Q. You at one point had supervisory capacity over
10 BY MR. PISANI:
10 him, however?
11 Q. When OSHA -- you were talking before about when 11 A. That's correct.
12 OSHA came in there. Did OSHA personnel talk to you and 12
Q. During that period of time which facility were
13 the other workers about the conditions there?
13 you and he working at?
14 A. They talked to everybody, yes.
14 A. Cascade.
15 Q. Was there like a big meeting, or was it
15 MR. KERNS: Objection, asked and answered.
16 individual, or what?
16 BY MR. MCCRYSTAL:
17 A. Well, I'm not sure because 1 was not in the
17 Q. Cascade?
18 boss's job at that point. I was one of the crew, and when 18
A. That's correct.
19 OSHA came in I just know that a whole lot of things
19 Q. Okay. In the Cascade facility were there any
20 changed rapidly.
20 Fawick clutches that you worked on?
21 Q. I think those are the questions I have right now.
21 A. Yes.
22 I may come back for a couple more later. Thank you for
22
MR. KERNS: Objection, asked and answered.
23 your time.
23 THE WITNESS: Yes, all kinds of them.
24 A. You're welcome.
24 BY MR. MCCRYSTAL:
Page 226
Page 228
1 MR. KERNS: Thanks, Bob.
1 Q. Okay. Were all of the clutches of Fawick that
2 Anybody else in the room?
2 you described in your testimony this morning for the
3 MR. MCCRYSTAL: Just a second.
3 plaintiffs lawyer in the Cascade facility?
4 MR. KERNS: Let's go.
4 A. Yes.
5 CROSS EXAMINATION
5 Q. Okay. When you worked in the Cascade facility
6 BY MR. MCCRYSTAL:
6 with responsibility for the plaintiff, did you and he work
7 Q. Mr. Murphy, my name is Jim McCrystal and I
7 together on any particular Fawick clutch that you can
8 represent a company called Eaton Corporation. Are you
8 recall?
9 familiar with that name?
9 A. Not as a supervisor, I did not.
10 A. Uh-huh.
10 Q. Okay. Your work with Fawick clutches directly.
11 MR. KERNS: Yes? No?
11 working on them, not supervising them --
12
THE WITNESS: Yes. Sorry, lost my head again. 12
A. Hands-on, yeah.
13 BY MR. MCCRYSTAL:
13 Q. -- hands-on work --
14 Q. What's your birth date?
14 A. Yeah.
15 A. Pardon me?
15 Q. -- occurred on your part before you became a
16 Q. Wliafs your birth date?
16 supervisor?
17 A. 7/28/38.
17 A. That's correct.
18 What's yours?
18 Q. Okay. Was all that work, then, on the Fawick
19 Q. 11/6/48. So you got me beat by ten. Probably
19 clutches was before you were a supervisor done in the
20 the only answer you're going to get out of me.
20 Cascade facility?
21 A. It might be the only one you get out of me.
21 A. Run that by me again.
22 Q. We'll see.
22 Q. Sure.
23 Let's go back to when you began to work at Brown. 23 MR. MCCRYSTAL: Would you read it back to him.
24 What role did the plaintiff have when you first started
24
(The question was read as requested.)
57 (Pages 225 to 228)
POHLMANUSA COURT REPORTING (877) 421-0099