Document x1p9QQo7qQjVkanDRgDRNK2MQ
PLAINTIFF'S EXHIBIT
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5 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
6 JOHN E. CRUM and MARILYN J. CRUM, a married couple.
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Plaintiffs, 8
No. 98-2-24915-3 SEA
AFFIDAVIT OF RICHARD A. MADSEN
v.
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THE E.J. BARTELLS COMPANY; et al.. 10
Defendants.
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13 STATE OF CALIFORNIA
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14 COUNTY OF SAN FRANCISCO )
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SS. "
PLAINTIFF'S;
If exhibit
16 I, RICHARD A. MADSEN, declare:
17 1. I was employed with KAISER GYPSUM COMPANY, INC. (hereinafter
18 "KAISER GYPSUM") from 1966 through 1978 when KAISER GYPSUM ceased its
19 operations. While employed with KAISER GYPSUM, my job title was Director of
20 Advertising and Public Relations.
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21 2. I was a friend and co-worker of JOHN CRUM and accompanied Brent
22 Crosby to visit Mr. Crum a few weeks prior to his death. 23 3. I recall decedent JOHN CRUM being employed by KAISER GYPSUM as 24 a salesman for the Reno/Tahoe district. 25 4. I am informed and believe that the above-captioned lawsuit was filed 26 against KAISER GYPSUM by JOHN CRUM who alleges exposure to asbestos27 containing products.
28 5. As Director of Advertising and Public Relations, it was my responsibility
AFFIDAVIT OF RICHARD A. MADSEN - 1
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1 to supervise the design and order all packaging materials and labels for every product
2 which bore the KAISER GYPSUM name.
3 6. I have been informed that Mr. Brentwood (Brent) Crosby,- a former
4 District Sales Manager for KAISER GYPSUM with whom I am personally acquainted,
5 testified recently in deposition that he was unaware of any caution labels on any of the
6 packages of KAISER GYPSUM's asbestos-containing products.
7 7. The statement in deposition by Mr. Crosby that KAISER GYPSUM's
8 asbestos-containing products never contained a caution label is not correct.
9 8. Beginning in 1972, pursuant to OSHA regulations, KAISER GYPSUM
10 placed a caution label on all of its asbestos-containing products. The caution label, as
11 prescribed by OSHA, read, "CAUTION: Contains asbestos fiber; avoid creating dust;
12 breathing asbestos dust may cause serious bodily harm." .
13 9. Initially, the above-worded caution was a separate label placed on the
14 packaging of asbestos-containing products. Eventually, as new product packaging was
15 ordered and replenished, the caution label was printed on the packaging itself. As non
16 asbestos product formulations were developed and marketed, the asbestos caution label
17 was replaced with an indication that the product was of a non-asbestos formulation.
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AFFIDAVIT OF RICHARD A. MADSEN - 1
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1 10. In the course of his employment, Mr. Crosby was informed by interoffice
2 memoranda of any changes in packaging and labeling, specifically, in reference to
3 asbestos caution labels.
4 I declare under penalty ofperjury under the laws of the State of California that the
5 foregoing is true and correct to the best of my knowledge. 6 Signed at San Francisco, California this^7^9ay of
' . 1999.
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IARD A. MADSEN
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SUBSCRIBED AND SWORN to before me this Z^day of
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n 1999,
by Richard A. Madsen.
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JILL HARVEY 15 COMM. #1119010
NOTARY PUELlCCAUFORNlAi
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SAN FRANCISCO COUNTY My Comm. Desires Dec. 5,2000
Notary Public in and for the State of. *
California, residing at K) UllitCtfC'; C(f
17 My commission expires:
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FAHOMBPJG'MAIUKAISER 400\CRUM\AFFIDAVI mad
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AFFIDAVIT OF RICHARD A. MADSEN - 1
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