Document zz7YXe6eZ3Oje3b55pRjKgn2m

] pn*3 I< *2 ] Ja4 .o I |ssxfl ]o ] ] 1 ] ] ] ] ] ] ] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ok IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION THEODORE HARRIS vs. H. B. REED & COMPANY, ET AL * * * NO. B-82-405-CA * * ***** This is the videotape deposition of EDWIN C. HYATT. a Witness in the above-styled cause. The testimony was taken on August 27, 1984, in the Kiva Room. Los Alamos Inn, Los Alamos, New Mexico, pursuant to attached Notice. Those persons present were as follows: HON. M. DIANE DWIGHT, of the Law Firm of Provost, Umphrey, McPherson b Swearingen 4000 Twin City Highway Groves, Texas 77619 AND HON. HERSCHEL HOBSON Attorney-at-Law 4000 Twin City Highway Groves, Texas 77619 Counsel for Plaintiff d5> SIEVE A. BRYANT & ASSOCIATES, P.C. ATTOfcxm AHO COUNSOO** AT LAW 401 STUDTWOOP SUITS 300 hOUtTOK TtKAf TKOt ramtout: frn) ut-onv facsimile: (rjj) w wot TELECOPIER COVER LETTER 5 9DATE: /l' - b TIME: ' NAME:_ 'Trrirl MrfPfnfr firm: -UocPFner. BfleK f EfAnmn re: r! Mt\n H hfp/M-hnn TpsHmon/, r oi )> ai- yoy' :J'TELECOPIER N0.:_ 33 9 ................ This document is in lieu of any copy to be mailed and should be maintained as your file record. [ ] An original/copy will be mailed to you for your file. FROM: .5Prljftnf- L We are transmitting _ pages (including this cover letter). If transmission is not complete, please call 713/864-0990. MESSAGE:. CONPIpriNTIALITY NOTE The information contained in this facsimile message is legeliy privileged and confidential s~.,ormalion intended only for the use of the individual or entity named above. If the reader of this mesags is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this telecopy is strictly prohibited, if you received this telecopy in error, please immediately notify us by telephone and return the original message to us at the address on this cover letter. Thank you NOV 0 5 1996 STEVE A. BRYANT & ASSOCIATES, P.C ATTOMtETS AM C0UNSE10M AT LAW *1CTUMWOO turn ass Via Facsimile Transmission Mr. Todd Hoeffner Hoeffner, Bilek & Eidman, L.L.P. 440 Louisiana Street 720 Lyric Centre Houston, Texas 77002 Dear Todd, Enclosed please find copies of pp. 157, line 19 through 159, line 23 from the deposition of Edwin C. Hyatt taken in Theodore Harris v. H. B. Seed & Company, et al. This is the dialogue we discussed last Monday at lunch. If you have any questions, please feel free to call. Very truly yours, SAB/ah Steve A. Bryant 1 questions have mentioned or said something, as have 2 you, yourself, about sand being a toxic dust. 3 For the sake of the record, do you and 4 I agree that we are talking about it being toxic 5 only when it has been reduced to the size of these 6 respirable particles that you talked about earlier 7 in your deposition? 8A Yeah. The preface to your question talked 9 about sand as being a toxic dust. I didn't. Somebody 10 may have mentioned that. But it is not a toxic dust. 11 It is not toxic. I'm talking about sand that has 12 been abraded, broken down, into the respirable dust 13 that basically gets into the alveoli, all less than 14 about 5 microns. 15 MR. BASHLINE: Thank you, sir. 16 I have no further questions. 17 18 RE-EXAMINATION BY MR. HOBSON: 19 Q Mr. Hyatt, do you know a gentleman named 20 Einer Horne? 21 A Yes, I have met Einer Horne. 22 0 Can you tell me who he is, please? 23 A Einer Horne when I knew him worked for 24 the 3M Company in the Health & Safety Product Division, 25 I think it's called. ftCAUMO** TKM 157 I 1Q Have you ever discussed with Mr. Horne 2 any misrepresentations made by 3M's sales force about 3 the ability of their respirators to perform as they 4 advertised them? 5A well, yes, I have, as I have with all 6 manufacturers. I think they are getting careless, 7 the way they are selling them and what they are letting 8 them be used for. I have talked to him and to other 9 manufacturers, too. 10 MR. BASHLINE; We're going n to object to the question and answer 12 as being outside the scope of Mr. Hyatt's 13 expertise. I don't believe he is 14 qualified with respect to marketing 15 or advertising and any expertise in 16 that respect. For that reason we 17 would object to the question and answer. 18 (By Mr. Hobson) 19 Q Could you describe your conversations with 20 Mr. Horne and where they took place and what took 21 place. 22 A My conversations with Einer Horne took 23 place in St. Paul, Minnesota, during discussion of 24 the use, for example, that had been observed of 25 respirators, including the 3M 8500 and, 1 think. ' WSP. Ok S|I r " 158 3 159 J i the 8710 at that time, for example, for protection 2 against pesticides. My concern was that people could J 3 buy them, and they were using them. This was a question, J 4 how do you police this thing. And I think there 3 could have been another case or two. I specifically J 6 remember that, and the situation within the State 7 of Iowa where they used a lot of pesticides, and i -- i\ i -- > i-- i ft they were using unapproved respirators. -1J 9Q what was Mr. Horne's response to your comments? 10 A Basically, it was a matter of they couldn't u police the use of the respirator that they had sold, 1 aJ 12 I believe, as I recall it. 13 Q Did Mr. Horne describe to you the facilities J1 14 he had at 3M to do his work and relate those facilities IS to the sales of 3M products? --i i 16 MR. WH1TTEN8URG: I object 1 17 to the question as being confusing. J IB A You are speaking of their Health & Safety j 19 Division respirator research laboratories that I i 20 had toured. He referred to that, yes. And he said J 21 that it was mostly possible, based on the worldwide l 22 sale of the 8500, that they could continue the research i 23 and develop the other respirators that I had seen. w 24 MR. HOBSON: Thank you, 1 * 25 Mr. Hyatt.