Judgment: NANCY MARIE SCOTT et al VS. AC AND S, INC. et al

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                                Lori A. Cataldo, Esq. SBN 218533 ELECTRONICALLY

Robert D. Tobey, Esq. SBN 224652

Foley & Mansfield, PLLP FILED
1333 North California Blvd., Suite 690 Superior Court of California,
Walnut Creek, CA 94596 County of San Franqisco
Telephone: (925) 930-2866 APR 05 200/7
Facsimile: (925) 930-7335 GORDON PARK-L

BY: EDNALEEN JAVI
Attorneys for Defendant Depu

DB RILEY, INC., erroneously sued herein as

Babcock Borsig Power, Inc., as the parent, alter ego,
Successor-In-Interest and as the entities formerly known as
DB Riley, Inc., and/or Riley Stoker Corporation

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

Case Filed: July 20, 2007
Trial Date: July 16, 2007

Defendants.

NANCY MARIE SCOTT, Individually and as ) Case No. 443236
Successor-in-Interest to DENZIL SCOTT, )
Decedent; JOANNE MARIE WOLFARTH; ) “ Asbestos-Related Case”
MICHAEL GERALD SCOTT; ROBERT )
DAVID SCOTT, THOMAS CARY SCOTT, ) EXHIBIT F-2 TO DECLARATION OF
MARY DENISE SOBOLIK; and FIRST DOE ) ROBERT D. TOBEY IN SUPPORT OF
through TENTH DOE, inclusive, ) DEFENDANT RILEY POWER, INC.’S
) MOTION FOR SUMMARY JUDGMENT
Plaintiffs, )
) Date: June 15, 2007
vs. Time: 9:30 a.m.
Dept: 302
AC And 8, INC., et al., Judge: Hon. Patrick J. Mahoney
)
)

EXHIBIT F-2 TO DECLARATION OF ROBERT D. TOBEY IN SUPPORT OF DEFENDANT
RILEY POWER, INC.’S MOTION FOR SUMMARY JUDGMENT T RILEY POWER INC.’S SEPARATE
STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

]

R-LACSON

Clerk
y ClerkEXHIBIT F-2L work or just their normal duty work or what that was.

Page 121]

2 I don't recall my father saying anything about them

3 doing any repair work at that time.

4 Q@. Can you describe any of the work that the men
5 around you were performing when you were on the sub?

6 A. There was one sailor who appeared to be looking I
7 through a radar system and my father took us through

8 the kitchen, as well, and they were putting a meal on,

8 getting ready for a meal.

10 He took us to where the bunk area was, and I !
141 don't recall anyone in that area. I think -- well, I'm :
12 not sure. ;
3 Most of the activity was right around the :
ue gyroscope and the propellor and people seemed to be |
18 just observing lots of red lights and different things |
16 going off and on. Again, after about five minutes, I |
27 said, "Thank you, Dad, I need to get out of here." Y
18 Q. Did you see any material that you identified as

19 thermal insulation material while you were on the I
20 submarine? :
a A. No. I wasn't looking for it either, so, no I |i
22 wasn't aware of it. |
23 Q. You mentioned being around the propeller; did |}
24 you mean to say propeller? |
25 A. Did I say that? No, the periscope. Excuse me. |

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Page 122
1 Q. About how long were you on the submarine? |
2 A. About, at most, 15 minutes. |
3 Q. You never went on any other submarines at Mare
4 Island?
8 A. Not that I am aware of, no. That was the only
6 one that I recall that was at Mare Island. |
7 Q. Going back to Hunters Point Naval Shipyard, did |j

8 your dad ever tell you any specifics of the work that
9 he performed at Hunters Point, beyond him telling you
10° that he performed gyro work on various vessels there?
11 A. The only thing -- no. No. He would say some i
12 of them were in dry dock and he showed us what the dry

13 docks were. But, other than that, no.

uM Q. I missed something here because I understood

18 that you didn't go to Hunters Point to see your father
16 perform work.

vv A. No. We didn't see him perform work. There was
18 a -- the commissary, and we would go with my mother to
19 the commissary. And once or twice Dad went with us and

20 he said, "See over here, those are dry docks, I do some

21 of my work there." But we never went on board any ship
22 that was in dry dock.

23 Q. When he pointed to the dry docks, do you have

24 any recollection as to how many dry docks there were

2 that he was pointing to?

Aiken & Welch Court Reporters Robert Scott
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e e

A. I remember two in a row. That's all I can

Page 123

remember is two in a row.

Q. And I gather you were a ways away, he pointed
out in the distance; right?

A. Correct.

Q. Did he give you any information about any of
the specifics of the work he did in dry dock?

A. No, other than -- other than the gyro compass,
which sticks in my mind, nothing else.

Q. And what I'm getting at is did he tell you,
give you any indication as to how often he had worked
in a dry dock, if that was the case?

A. Whenever ships came in for dry dock, that was a
part of his duty, to work on those ships. And I can
recall at least three times where he said, “Oh, this
week, or next two weeks, I'll be in dry dock." So, now
I understood what he meant by dry dock, because it
was...

Q. Did you form a -- let me strike that.

Did your dad tell you that he worked on ships
at Hunters Point Naval Shipyard in places beyond one or
both those dry docks?

A. Yes.

Q. Where else did you hear from him that he had

worked on ships at Hunters Point Naval Shipyard?

Aiker. & Welch Court Reporters Robert Scott

12-20-06
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Page 124
1 A. That they were just docked right there at
2 Hunters Point.
3 Q. So, you were told that he had worked on ships

4 that were docked in the water, as well as those that

5 had been brought out of the water?

6 A. Out of the water.

7 Q. And put in dry dock; is that right?

8 A. Correct.

2 Q. Do you have -- did he explain to you or give

10 you any indication as to the percentage of time that he |
11 worked on ships that were in the water versus those he

12 worked on that were out of the water in dry dock?

13 A. No, no. E
14 Q. But, in any event, it's your understanding from |
1s your conversations with your father that when he did f
16 work on ships, it was always -- that work was always !
wv centered on the gyro compasses? |
18 A. As far as I'm aware of, yes. E
19 Q. Did he tell you what tools he used to perform

20 the work that he did on gyro compasses at Hunters Point

21° Naval Shipyard?
22 A. No, he didn't. L
23 Q. Did he talk to you about the materials or
24 products that he used in working on or about gyro |

25 compasses at Mare Island -- pardon me -- at Hunters

Aiken & Welch Court Reporters Robert Scott

12-20-06
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Page 125 |!

1 Point Naval Shipyard? ;
2 A. The only thing that he ever referred to was |
3 cleaning solvents. |
4 Q. Did you understand those to be some sort of |
5 degreasers?
6 A. Correct.
7 Q. One of your siblings mentioned that your father
i

® had to put his hands in these degreasers and they

° caused his hands to, for lack of a better term, to i

10 become irritated or develop some sort of allergies.

al Do you have a recollection that that's
32 accurate?

13 A. Yes, I do.

14 Q. What do you recall in that regard?

1s A. That his hands were very raw, both- hands, not

16 just one but both, right and left were really raw as if

17 he had a really bad sunburn that was peeling, that he i

1@ had prescription medication ointments to put on those
a9 hands, that he had to wear -- that he had to wear

20 gloves to continue doing the work that he was doing on

a gyro scopes, and it persisted for at least six months.

22 Q. Did he ever tell you what type of solvent or

23 solvents that he had put his hands into? i
24 A. No. No. Just that they were cleaning !
25 solvents.

12-20-06
d9dBb86¢-£43b-4031-bdc4-e262c015cH5,

Aiken & Welch Court Reporters Robert Scott—e @

page 126 |,

2 Q. Did he ever tell you he complained to anybody |}
2 about the work conditions, that is, the use of those |
3 solvents? |
‘ A, No, he did not. !
5 Q. Do you know whether your dad ever complained
6 about any of his work conditions at Hunters Point Naval |
7 Shipyard, or any of his other Civil Service activities?
8 A. Other than the normal, everyday gripes. But

° anything specific about conditions, no, about

10 materials, not that I can recall.

u Q. Okay. Did your dad explain to you where it was
12 that he actually worked on the gyro compasses? And I

B gather just to be fair, you mentioned the one time he

14 took you aboard a ship at Hunters Point and he said,

as “There's the gyro compass I'm working on." So,

16 obviously, that was on a ship.

v7 A. That was on Marine -- at Mare Island. That was
18 on a submarine. He said, "Here's a gyro compass."

19 Q. I'm sorry.

20 A. Not on Hunters Point.

al Q. TI understand.

22 A. No, he did not show us where.

23 Q. Do you have an indication as to whether he

24 worked on gyro compasses aboard ships at Hunters Point,
28 as opposed to in a shop or someplace off the ship?

Aiken & Welch Court Reporters Robert Scott 12-20-06

d9deb86d-f43b-4031-bdc4-e262c015e52 A, He -- I do recall him saying these had to be

Page 127

2 taken out and handled very gently and brought to the
3 shop to be worked on. Where that shop was, I never
4 saw.

° Q. Did he say that he was the person that took

e these out to have them --

7 A. Correct.

8 Q. -- gently handled and then worked on in a shop?
9 A. Correct.
40 Q. Did he tell you that he did this work with
11 others, or whether he did it himself? i
2 A. My recollection is that he did it by himself.

13 That's not to say that he did have, but my recollection
4 is that he did it himself. It's kind of like one of
15 those jobs where you can do all of it on your own by

16 yourself.

uv Q. Did your dad ever mention the name of a shop in
18 which he worked at Hunters Point Naval Shipyard?

a9 A. It wasn't a tooling shop, but there was a -- it

20 was something like a tooling shop that he brought them

21 to, I'm not sure about that, though. I don't recall
22 specifically.

23 Q. Do you recall hearing him mention a shop by a

24 number designation in which he performed work? :
25 A. I'm not sure about that.

Aiken & Welch Court Reporters Robert Scott

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Page 128

Q. By the way, during the time he worked at
Hunters Point Naval Shipyard, do you know what titles
he had?

A. It was a GS. They were anyone else. Like
GS-13, GS-14.

Q. Both, or one of those?

A. Well, those were, you know, increasing order
which is longevity.

Q. Those are Civil Service seniority levels;

10 correct?

n A. Right. ;
2 Q. What I am getting at is, do you know whether he |
13° had a title, for example, a title associated with the F
14 gyro systems? [
1s A. Wo, I don't.
16 Q. Was he ever called an electrician, to your
v7 knowledge?
1 A, I don't recall anything written or spoken by |
19 someone else that referred to him as an electrician, :
20 but I do recall him saying, you know, "I'm an

a1 electrician here, I'm a gyro compass person here." "If
22 do lots of work here.” But mostly "I'm a gyro compass !
2 person."
24 Q. A gyro compass technician? }
2s A. Uh-huh.

Aiken & Welch Court Reporters : Robert: Scott “12-20-06

d9d8b86d-143b-4031-bde4-e262c015cH15Page 121
work or just their normal duty work or what that was.

I don't recall my father saying anything about them
doing any repair work at that time.

4 Q. Can you describe any of the work that the men
around you were performing when you were on the sub?

6 A. There was one sailor who appeared to be looking
through a radar system and my father took us through

8 the kitchen, as well, and they were putting a meal on,
getting ready for a meal.

He took us to where the bunk area was, and I
don't recall anyone in that area. I think -- well, I'm
12 not sure.

Most of the activity was right around the H
gyroscope and the propellor and people seemed to be
just observing lots of red lights and different things
16 going off and on. Again, after about five minutes, I
uv said, "Thank you, Dad, I need to get out of here.”

18 Q. Did you see any material that you identified as

thermal insulation material while you were on the

20 submarine?

21 A. No. I wasn't looking for it either, so, no I

22 wasn't aware of it. ;
23 Q. You mentioned being around the propeller; did

24 you mean to say propeller?

25 A. Did I say that? No, the periscope. Excuse me. }
Aiken ¢ Welch Court Reporters Robert Scott 12-20-06

d9d8b86d-£43b-4031-bicd-e262c015cft5Page 122}

2 Q. About how long were you on the submarine? :
2 A. About, at most, 15 minutes.
3 Q. You never went on any other submarines at Mare

4 Island?

5 A. Not that I am aware of, no. That was the only
one that I recall that was at Mare Island.

7 Q. Going back to Hunters Point Naval Shipyard, did
your dad ever tell you any specifics of the work that

he performed at Hunters Point, beyond him telling you
that he performed gyro work on various vessels there?

a A. The only thing -- no. No. He would say some
12 of them were in dry dock and he showed us what the dry
15 docks were. But, other than that, no.

14 Q. I missed something here because I understood

iB that you didn't go to Hunters Point to see your father
16 perform work.

uv A. No. We didn't see him perform work. There was
a -- the commissary, and we would go with my mother to
19 the commissary. And once or twice Dad went with us and
20 he said, "See over here, those are dry docks, I do some
21 of my work there." But we never went on board any ship

22, that was in dry dock.

23 Q. When he pointed to the dry docks, do you have

24 any recollection as to how many dry docks there were
25 that he was pointing to?

Aiken & Welch Court Reporters Robert Scott 12-20-06

d9d8b86-143b-4031-bdc4-0262c015cfT51

a

Page 123 |,

A. I remember two in a row. That's all I can
remember is two in a row.

Q. And I gather you were a ways away, he pointed
out in the distance; right?

A. Correct.

Q. Did he give you any information about any of
the specifics of the work he did in dry dock?

A, No, other than -- other than the gyro compass,
which sticks in my mind, nothing else.

Q. And what I'm getting at is did he tell you,
give you any indication as to how often he had worked
in a dry dock, if that was the case?

A. Whenever ships came in for dry dock, that was a
part of his duty, to work on those ships. And I can
recall at least three times where he said, "Oh, this
week, or next two weeks, I'll be in dry dock." So, now
I understood what he meant by dry dock, because it
WaS...

Q. Did you form a -- let me strike that.

Did your dad tell you that he worked on ships
at Hunters Point Naval Shipyard in places beyond one or
both those dry docks?

A. Yes.

Q. Where else did you hear from him that he had

worked on ships at Hunters Point Naval Shipyard?

Aiken & Welch Court Reporters Robert Scott 12-20-06

d9dBb860-143b-4031-bdc4-0262c015cH525

Page 124

A. That they were just docked right there at
Hunters Point.

Q. So, you were told that he had worked on ships
that were docked in the water, as well as those that
had been brought out of the water?

A. Out of the water.

Q. And put in dry dock; is that right?

A. Correct.

Q. Do you have -- did he explain to you or give
you any indication as to the percentage of time that he
worked on ships that were in the water versus those he
worked on that were out of the water in dry dock?

A. No, no.

Q. But, in any event, it's your understanding from
your conversations with your father that when he did
work on ships, it was always -- that work was always |
centered on the gyro compasses?

A. As far as I'm aware of, yes.

Q. Did he tell you what tools he used to perform
the work that he did on gyro compasses at Hunters Point
Naval Shipyard?

A. No, he didn't.

Q. Did he talk to you about the materials or
products that he used in working on or about gyro

compasses at Mare Island -- pardon me -- at Hunters

Aiken & Welch Court Reporters Robert Scott 12-20-06

d9d8b86d-£436-4031-bdcte262c018cH5Page 125
1 Point Naval Shipyard?

2 A. The only thing that he ever referred to was
cleaning solvents.

4 Q. Did you understand those to be some sort of

5 degreasers?

6 A. Correct.

7 Q. One of your siblings mentioned that your father
had to put his hands in these degreasers and they

s caused his hands to, for lack of a better term, to
become irritated or develop some sort of allergies.

Do you have a recollection that that's

12 accurate?

23 A. Yes, I do.

4 Q. What do you recall in that regard?

15 A. That his hands were very raw, both hands, not

just one but both, right and left were really raw as if
he had a really bad sunburn that was peeling, that he
had prescription medication ointments to put on those
18 hands, that he had to wear -- that he had to wear
gloves to continue doing the work that he was doing on

gyro scopes, and it persisted for at least six months.

22 Q. Did he ever tell you what type of solvent or

23 solvents that he had put his hands into?

24 A. No. No. dust that they were cleaning

25 solvents.

Aiken & Welch Court Reporters Robert Scott 12-20-06

d9dSbB6d-f43b-4031-bde4-e262c015cff5Page 126
L Q. Did he ever tell you he complained to anybody
about the work conditions, that is, the use of those
3° solvents?
4 A. No, he did not.
8 Q. Do you know whether your dad ever complained
about any of his work conditions at Hunters Point Naval
Shipyard, or any of his other Civil Service activities? rE
8 A. Other than the normal, everyday gripes. But F
anything specific about conditions, no, about I
materials, not that I can recall.
at Q. Okay. Did your dad explain to you where it was
12 that he actually worked on the gyro compasses? And I
gather just to be fair, you mentioned the one time he
took you aboard a ship at Hunters Point and he said,
1s "There's the gyro compass I'm working on." So,

obviously, that was on a ship.

uv A. That was on Marine -- at Mare Island. That was
18 on a submarine. He said, "Here's a gyro compass."

19 Q. I'm sorry.

20 A. Not on Hunters Point.

a Q. I understand.

22 A. No, he did not show us where.

23 Q. Do you have an indication as to whether he

aa worked on gyro compasses aboard ships at Hunters Point,

28 as opposed to in a shop or someplace off the ship?

Aiken & Welch Court Reporters Robert Scott 12-20-06

d9dBb86d-143b-4031-bdo4-0262c015cH525

Page 127
A. He -~ I do recall him saying these had to be

taken out and handled very gently and brought to the
shop to be worked on. Where that shop was, I never
saw.

Q. Did he say that he was the person that took
these out to have them -~-

A. Correct.

Q. -- gently handled and then worked on in a shop?

A. Correct.

Q. Did he tell you that he did this work with
others, or whether he did it himself?

A. My recollection is that he did it by himself.
That's not to say that he did have, but my recollection
is that he did it himself. It's kind of like one of
those jobs where you can do all of it on your own by
yourself.

Q. Did your dad ever mention the name of a shop in
which he worked at Hunters Point Naval Shipyard?

A. It wasn't a tooling shop, but there was a ~~ it
was something like a tooling shop that he brought them
to. I'm not sure about that, though. I don't recall
specifically.

Q. Do you recall hearing him mention a shop by a
number designation in which he performed work?

A. I'm not sure about that.

Aiken & Welch Court Reporters Robert Scott 12-20-06
d9dBR86d-143b-4031-bded-e262c015CH15Page 128
1 Q. By the way, during the time he worked at

Hunters Point Naval Shipyard, do you know what titles
3 he had?

4 A. It was a GS. They were anyone else. Like

S GS-13, GS-14.

é Q. Both, or one of those?

7 A. Well, those were, you know, increasing order

® which is longevity.

° Q. Those are Civil Service seniority levels;

20 correct?

n A. Right.

12 Q. What I am getting at is, do you know whether he
13 had a title, for example, a title associated with the

4 gyro systems?

15 A. No, I don't.

16 Q. Was he ever called an electrician, to your

a7 knowledge?

1s A. I don't recall anything written or spoken by

someone else that referred to him as an electrician,

but I do recall him saying, you know, "I'm an

21 electrician here, I'm a gyro compass person here." "I

22 do lots of work here." But mostly "I'm a gyro compass

23 person."

2a Q. A gyro compass technician?

25 A. Uh-huh.

Aiken & Welch Court Reporters Robert Scott 12-20-06

d9d8b86d-143b-4031-bde4-0262015cH5page 129
+ Q. So, at different points you heard him refer to
2 these different points, positions or titles?
3 A. Yes, sir. ;
4 Q. You don't associate them with any specific
5 place; is that right or do you?
6 A. No. Because, again, he was all the over the
7 Bay Area doing these jobs.
é Q. Okay.
9 A. And sometimes he would go out on board the ship

10 and he'd be gone for two to three, five days once the
11 gyro compass or whatever else he was working on, to
12 make sure that it was functioning properly. And that

13 happened quite often. So, it kind of got blurred with L
[:

1 50 many other things that were happening with his --
18 his work. 1
16 But he did perform those duties in Alameda, at |
a7 Hunters Point, and Mare Island. i
18 Q. Do you distinguish between his duties at any of

19 these three places, beyond what you have already said?
20 A. I know from also the experience of being at
21 Mare Island, that's where he really worked primarily.
22 ‘They sent him specifically to work on gyro compasses.
23 And he was very proud of that. i
24 Q. What I am hearing from you is that at times

25 when he was based at Hunters Point, he went off to Mare }

Aiken & Welch Court Reporters Robert Scott 12-20-06
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-@ e

Island to work on gyro compasses.

Page 130

A. Yes.
Q. Is it your belief that during this period where
he was in the Civil Service, his primary place of work ||

was Mare Island?

A. For the first two or three years, it was
Hunters Point. And then there were periods of times
where he would be on -- at Mare Island for maybe five, :
six months working on submarines. And he'd go out to
sea with them for a couple of days and then come back
after six months. And he'd be doing a job at Hunters
Point maybe for three or four months, and then he'd be
over at Alameda. Just before he retired from Civil
Service, he spent a lot of time in Alameda.

MR. GREENBAUM: Could we please have the answer
read back.

(Record read.)

MR. GREENBAUM: Thank you.
BY MR. EPSTEIN:

Q. Do you have any indication that your father
worked at submarines at any place in the Bay Area
beyond Mare Island Naval Shipyard, such as Hunters
Point or Alameda Naval Air Station?

A. I don't recall.

Q. Do you have an indication as to how many subs

d9dBb86d-143b-4031-bdc4-e262c015cH5e —e-

he worked on?

Page 131

2 A. I cannot give you a specific number. It was

3 more than four, but I don't know exactly how many.

4 Q. And you can't identify any of the four; can

° you?

6 A. No, I can't. |
7 Q. As to any of the submarine work -- pardon me.

8 As to any of the subs that your father worked |

9 on or about, do you have any indication that he

20 personally removed, installed or disturbed any thermal

11 insulation materials?

12 A. I'm not aware of any of that, no.

2 Q. As to any of the subs he worked on during his
14 Civil Service, do you have any indication that he

18 worked around others who were removing, installing or

16 otherwise disturbing any thermal insulation materials?
17 A. I'm not aware of that.

18 Q. Beyond the distinction of between your father's
18 work on ships versus subs, do you make any distinction
20 in his work between the three places in the Bay Area

21 and Hunters Point Naval Shipyard, Mare Island Naval

22 Shipyard and Alameda Naval Air Station in terms of his
23. overall work?
248 A. No, no.

25 Q. Do you have any specifics about his overall

Aiken & Welch Court Reporters Robert Scott 12-20-06
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Page 132 |
2 work duties, beyond what you have already conveyed as |
2 they might pertain to one place of those three places
3 versus the others?
4 A, No, not that I am aware of.
8 Q. Were there any breaks in terms of your father's ||
6 employment between -- during the Civil Service period, t
7 beyond perhaps vacation periods or a sick day here and i
® there?
° A, Not that I'm aware of.
10 Q. What was your understanding of when he finished
M1 his Civil Service work, what time period was that? ;
32 A. That was about 1981. Yeah. Yes. :
B Q. During the time he worked in the Bay Area as
14 you've indicated at the three places, do you know of
18 any other places that he was sent to, away assignments?
16 A. Other than those three? i
v Q. Other than those three.
18 A. No.
18 Q. As to the ships that your father worked on, can |
20° you give me the names of any of them?
21 A. I'm sorry. I don't know.
22 Q. Do you know if your father told you and you
23° just can't recall now or? !
24 A. I think it's a combination of both. The one ;
28 thing I do know that they weren't all battleships. |

Aiken & Welch Court Reporters Robert Scott-@ e

Page 133
1 Q. What type of ships were they if they were not }
2 battleships? }
3 A. They're supply ships. Something lurking in the !
4 back of my mind about a medical ship, hospital ship. }
5 Yeah, it was mostly -- it was mostly cargo-type ships
6 that he worked on besides the -- !
7 Q. Were they all Naval ships or do you know :
8 whether any of them were Merchant Marine ships? i
9 A. To my knowledge, they were military. They )
10 weren't Merchant Marine. }
a Q. Not Merchant Marine?
12 A. They were not Merchant Marine.
3 Q. Now, I read you a long list of ships earlier, Lt
4 and had you advise us that your father had worked on ;
15 them.
16 Would it help to review that entire list now in
17 order to determine that your father told you he'd ever
18 worked on any -- pardon me -- for you to tell us I
12 whether you can identify any of the ships he worked on
20 during the Civil Service period?
21 A. No.
22 Q. That we are talking about.
23 A. I understand. }
24 No. |
25 Q. Let me try to do this as fast as I can, but I :

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1 know everybody wants me to do this and ask you about

Page 134

specific products, if you can provide any responses
3 about these.
‘ First of all, do you know the brand name,
S manufacturer or supplier of any of the products,

6 materials, equipment or machinery that your father
7 either worked with himself or others around him, or i
® that he may have -- that others were working with in

his vicinity?

20 A. No.

u Q. And this would apply to the entire Civil

12 Service period that we are talking about; right?

3 Involving Hunters Point Naval Shipyard, Mare

14 Tsland Naval Shipyard, and Alameda Naval Air Station?
as A. Correct. |
16 @. My questions will be -- what I want to do is
17 say this once and I'll go down a laundry list of |
18 materials. And my questions will all start with "Do |}
18 you have information that your father either worked

20 with himself or worked around others who were using

21 these materials." And if you can give me a "yes" or |)
22 "no" or if there's something else, give me that, okay?
23 A. Yes.
24 Q. Starting with thermal insulation. ‘
25 A. No.

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Page 135

i

+ Q. Packing or gaskets?
2 A. No.

3 Q. Valves?

‘ A. No.

5 Q. Pumps?

6 A. No.

7 Q. Compressors?

8 A. No.

8 Q. Heat exchangers?

10 A. No.

un Q. Blowers?

12 A. No.

a3 Q. Turbines?

4 A. No.

18 Q. Condensers?

716 A. No.

a7 Q. Decking?

18 A. No.

19 Q. Or flooring?

20 A. No.

a1 Q. Generators?

22 A. No.

23 Q. Electrical wiring or cables?
2a A. No.

28 Q. Electrical components?

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Page 136
a A. No.
2 Boilers? |
3 A. Mo.
4 Q. Masks -- let me ask you this way.
5 Do you have information that your father wore |
6 any sort of mask or protective equipment during any of ||
7 the work he performed in the Civil Service?
8 A. No. :
9 Q. Do you have information that, during the time |
10 that your father performed work at these various
11 shipyards, he worked near any outside contractors?
12 A. No.
3 Q. Do you know if he worked in the vicinity of any i
14 other tradespeople while he performed his work at these |
18 various shipyards in the Bay Area?
16 A. He said that he worked with electricians,
217 welders, plumbers. That's all I can recall.
18 Q. What did he tell you in regard to his work -- |}
19 well, strike that.
20 Did he tell you what he observed electricians
22 doing while he was performing his work?
22 A. They were rewiring or rerouting wires.
23 ©. Do you know when he mentioned this to you; did |}
24 he tell you where it was that he saw this work being
25 performed by electricians?
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A. Several times he mentioned the brig -- not the

Page 137

brig. No.

Q. Hope it wasn't the brig.

A. It wasn't the brig. Not the brig. Where the
Captain performed his duties.

MR. HAMES: The bridge?

THE WITNESS: The bridge.

MR. CLEVENGER: The bridge?

THE WITNESS: Yeah. The bridge.
BY MR. EPSTEIN:

Q. You are talking about or he was talking about a
ship?

A. Yes.

Do you recall where that ship was situated in
terms of various places we've been talking about?

A. Hunters Point.

Q. But you don't know the name of that ship?

A. No.

Q. What was -- did your father indicate that he |
was performing work when he saw electricians doing this
rewiring or rerouting of wiring? .

A. He would say that while, you know, he was
working on the gyro compass, there was other work being
done, and that on this bridge of the ship they were

doing electrical work. He didn't explain why, exactly

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where on the bridge it was. :

Page 138

Q. Did he give you any other specifics about the
work that these electricians were doing, such as the
brand name, manufacturer or supplier of any of the
wiring he observed them working with?

A. No.

Q. Did he tell you exactly what it was they were
doing with the wiring other than rerouting perhaps --
you used the terms "rewiring" or “rerouting," but did
he tell you the specifics of any of that work? H

A. No.

Q. Did you tell you what type of tools they were

using?

A. No.
Q. Did he tell you the methodology that they used
to do this work?
A. No.
Q. The next trade you mentioned was welders.
Where did your dad say that he had seen
welders?

A. Well, he told me that always in dry dock

they're always using welders to repair weak spots,
especially on the hull of the ship.
Q. And when he said this, did he say that he was

working around welders who were doing this sort of work

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while he was performing his own work, or was he making

this as a general comment?

A. There were a couple of times where

actually doing work inside the ship where there were

welders, because I remember him saying that

really keep his distance, and be sure that the solvents
:

that he was working with, you know, the cleaning

solvents, that he tried to do his work when

taking breaks or the torches were down, because it

could have been a dangerous situation.
Q. From a fire perspective?
A. Correct.
Q. Did he say that on these occasions

it was the welders were doing? I know that

you heard him say -- talk about welders in conjunction

with the repair of weak spots, especially in the hull.
But did he suggest that that's what these

welders were doing when he was performing his work?

A. Working on the hull, no. It was something else

which I cannot describe for you, but he did
that a couple of times that he had to -- he
late one night because of that, those kinds

Q. He was home late one night because

A. Because the welders were working where he was

going replace the gyro compass.

Page 139 |

he was

he had to

they were

exactly what

you said

mention
was home

of things.

he had ~~

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Q. They didn't want to work over one another,

Page 140

essentially?
A. Correct, yeah.
Q. But when he mentioned the other trades, that he |!
had observed, the electricians, welders and plunbers,
it was always in relation to him doing work on the gyro ||
compass?
A. As far as I can recall.
MR. GREENBAUM: May we have the question read

back, please.

(Record read.)

BY MR. EPSTEIN:

Q. The last -- and when he related when you
recalled him coming home late one night because he had
to wait for the welders to finish their work, do you
recall what vessel it was that he was working on?

A. I know that it was some kind of cargo ship, but |!
I can't recall the name of it. Most times he didn't
tell us the names of those ships.

Q. And I wouldn't necessarily expect him to, I
don't think you would either; right?

A. No.

Q. The last thing was plumbers or the last trade
you mentioned was plumbers.

Again, you understood that he was working, i

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performing his gyro duties when he observed plumbers;

Page 141

2 is that right?
3 A. Correct. !
4 Q. Did he tell you anything about what the

plumbers were doing?

6 A, No, he did not. Not that I can recall.
7 Q. Have I exhausted your understanding from your
8 dad about the trades your father observed during his

3 work in the Civil Service?

10 A. You've exhausted it. |
a Q. I gather you can't pinpoint the times that he

12 saw -- that he reported seeing these other trades

a3 around him in terms of the overall period of his Civil

a4 Service?

1s A. No, I cannot.

16 MR. EPSTEIN: I'm sure I've forgotten

a something.

38 I'll pass to others.

a9 EXAMINATION BY MR. CLEVENGER:

20 Q. Mr. Scott, at Mare Island, do you know if your

21 father's work there was always on ships that were

22 already constructed, or was his work ever on vessels

23. being newly constructed where he would have assisted,

2a say, in installing a new gyro compass?

26 A. I cannot recall. :

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Page 142
+ Q. And were some of the submarines your father
2 worked on there at Mare Island nuclear submarines?
3 A, Not that I am aware of.
4 Q. Did he ever mention to you or did you ever see }

5 him wear any sort of badge or dosimeter, that would
6 indicate possible radiation exposure when he was doing

7 the work at Mare Island?

8 A. No, not that I'm aware of.

9 Q. And you've indicated that you're not aware of

10 the brand name, manufacturer or supplier of the }
11 machinery or equipment he worked on or around. }
12 Specifically, do you know if the gyro compasses

13 he worked on were manufactured by one particular

a4 manufacturer or several?

A. I cannot answer that question. I don't know.

16 Q. Specifically, do you know the manufacturer, I
17 brand name or supplier of the gyro compasses?

ie A. No, I do not know.

19 Q. Do you know the brand name, manufacturer or

20 supplier of any equipment associated with those

2h compasses or any of their component parts?

22 A. No, I do not know.

23 Q. And did your father ever undergo any further

24 training regarding gyro compass work or training away i
25 from the Hunters Point site, such as at a }

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Page 143
1 manufacturer's location somewhere? }
2 A. Not that I can recall.
3 MR. CLEVENGER: Thank you. That's all I have.
4 EXAMINATION BY MR. EPSTEIN:
5 Q. When is the last time period that you recall

6 your father working at Mare Island Naval Shipyard by
7 year, if you can?
8 A. The last time I recall was about 1977, because

9 that's the year my son was born. That's the only

70 reason. )
a Q. Was there -- do you think that he was in the
12 Civil Service as late as 1977?

13 A. Yes. |
u4 Q. Was there a period in time where you believe }
1s that most of this time -- let me strike that.

16 Do you relate one period in time with most of l
wv his work at Mare Island from a from-to-date standpoint?

18 A. No. I don't recall from-to-date as to when

19 that was.

20 MR. EPSTEIN: Anybody else?

21 EXAMINATION BY MS. HART:

22 Q. Mr. Scott, you previously testified that you

23 left home at age 24.

2a A. Correct.
25 Q. And by my calculations, that would be about in
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Page 144 |
1971.

A. Correct.

Q. Between the time that your father began working
at Hunters Point and 1971, did he come home every |
night?

A. No. Most nights, but there were many occasions
where he was on board ship testing the new compasses or F
whatever tests he was performing, after the ship had
been overhauled.

Q. And when he was aboard ship testing this

equipment, is it your understanding that he was in the
San Francisco Bay Area?

A. He was mostly in the Bay Area. I know that at
some point he was also up at Bremerton in Washington
State. I can't put a time frame on when that was, but
I know he was gone for at least a week.

Q. And other than Bremerton, do you recall that he
went to any other location to test equipment on ships?

A. San Diego.

Q. Do you know how long he may have stayed in

Bremerton?

A. I thought it was about a week or so. I think
it was seven, seven to eight days. I:
Q. Do you know how long he stayed in San Diego

when he went?

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1 A. No. I don't recall that.

2 Q. Do you believe that your father went on these

3 away trips more than once between the time -- well, F

4 once in San Diego during the time between he started at |
s Hunters Point in 1971?

6 A. At least once, at least once, yes.

7 Q. Do you know if he worked on land in San Diego?

8 A. I would assume that if he was working on

° compasses, he would be taking them out of the ship and i
10 working them, working on them in a shop on land. Other
an than that, I don't know for sure. i
12 Q. And is that assumption based upon what he did ;
22 in San Francisco? :
M A. Correct. :
a5 Q. So, you have no specific knowledge of what

16 exactly your father did in San Diego? ;
v A. Correct. ;
18 ©. You don't know whether or not he worked on a H
19 vessel or on land? ;
20 A. Correct. ;
ar Q. Do you have any identification of where he E
22 worked in San Diego?

23 A. Other than the Naval station there, I don't

24 know of any other place that he worked at.

25 Q. Do you know where this Naval station is? :
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A. In San Diego Harbor, Coronado.

Page 146

Q. Other than him working in San Diego Harbor and
Coronado, do you have any other specific knowledge of
what your father did in San Diego between the time that |
he was stationed, or that he was working at Hunters
Point in 1971?

A. No, I do not.

Q. You mentioned that during your father's
apprentice training, he took apart a gyro compass
aboard an unidentified ship.

Was that ship ported at Hunters Point?

A. I can't recall whether, it was Hunters Point or
Alameda or Mare Island. I'm not sure,

Q. But is it your understanding that it was at one

of those three shipyards?

16 A. Correct.

W MS. HART: Thank you. I have no more questions
18 at this time.

19 EXAMINATION BY MR. GREENBAUM:

20 Q. Mr. Scott, are you able to, from your
21 recollections of visiting your father's work area in

22 his Civil Service years, are you able to paint a I
23 certain word picture for us as to the physical

24 structures that the gyro compass was attached to in

25 its -- in what appeared to you to be his normal !
Aiken & Welch Court Reporters “Robert Scott : “12-20-0625

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operational location?

Page 147

MR. EPSTEIN: Objection. Overbroad in time and
scope. We are talking about different vessels.

MR. GREENBAUM: That's a good point.
BY MR. GREENBAUM:

Q. Do you have -- can you call forth any specific
occasion of a time when you're visiting your father at
one of his work sites, whether it was in the shipyard
on land or aboard some type of vessel, a specific
instance where you saw a gyro compass in what appeared
to you to be some type of physical support, and, you
know, picture for us what that looked like? First of
all, before anyone took any steps to remove it from
that and I'll ask you after that. If you have that
I'll ask you about the steps of removing it.

A. The submarine, when he took us aboard the
submarine at Mare Island, and it was -- I guess you
would call it the bridge of the submarine, fairly close
to the periscope and it was -- it looked to me like a
compass. I mean, it had a flat surface, glass surface,
and it was surrounded by a metal, a stainless steel
metal and it -- I was a little younger, but it seemed
to me about maybe 12 inches in diameter. And it hada
depth of about eight to ten inches. And it appeared to

be an instrument that was not quite floating, but

l

t

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1 almost looked like it was floating like a compass,

Page 148

2 needle compass would float.

3 I'm trying to recall the base of it, where that
4 was attached to. I just remember looking down at it,

5 not at the base of it.

6 Q. Very helpful. Thank you.

7 Can you remember about how high off of a floor

® that flat glass surface you're describing was located

% in your recollection at this occasion? :
10 A. It was a good three and a half to four feet. ||
1b Q. And, again, you were, obviously, a young person
12 at the time. E
13 How old were you, approximately, at the time of
14 this visit to the sub at Mare Island?

15 A. Iwas a -- was I 16? No. I was -- that was
16 another. I was about ten years old at that time.
wv Q. I'm not -- I'm obviously not asking you for any |

18 type of expert statement about what it did.

19 Just as you recall it, was there anything about
20 the appearance of that apparatus that indicated just to

a1 the naked eye, some type of compass point direction;

22 north, south, east or west or anything in between?

23 A. I recall that there were a series of numbers on
24 the inside the metal just underneath the glass. All

25 the way around the entire circumference, there were ;

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+ sets of numbers. ,

Page 149

2 Other than that, I actually don't remember a
3 needle, but I remember a set of numbers going all the
4 way around.

5 Q. Did you see your father at any time, at any [
6 location, remove what you understood to be a gyro :

7 compass from its stationary apparatus?

8 A. No. I do not remember seeing remove.

9 Q. Did you ever see anyone remove what you

10 understood to be a gyro compass? |
nu A. No.
wv Q. Did you see your father at any time performing

a3 any work on a gyro compass?

14 A. No.

1s Q. Is it your understanding that you have ever

we seen a gyro compass device in a disassembled state?

wv A. Wo, I have not. :
18 Q. You described to us just a short while ago -- L

19 you related to us actually what your father had told :

20 you about electricians working around him at Hunters

21 Point during his Civil Service work as a marine

22 electrician. And you related that he indicated to you

23 that he saw electricians rewiring and rerouting wires.

2a To your understanding, did your father, F

25 himself, during his work in the Civil Service years, do |
|)

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any work of rewiring of any kind?

Page 150

A. No. TI would have to -- I would have to say not
that I can recall.

Q. Let me also ask: To your knowledge, did your
father do any work in which he was performing wiring of
any kind in his Civil Service years?

A. Again, not that I can recall.

Q. To your knowledge, did your father, during his
Civil Service years, perform any work of rerouting of
wiring?

A. Definitely I do not remember anything about
rerouting.

Q. Other than what you have told us already about
the work your father related to you, work of
electricians in his vicinity, was there anything, in
particular, that stands out in your memory that your ki
father said about the presence of electricians around
him other than the fact that they were there?

A. No. Just that they were there. !

MR. GREENBAUM: Thank you very much.
EXAMINATION BY MR. CULLOM:

Q. Sir, can you hear me okay?

A. Yes.

Q. I apologize for talking to your back.

I didn't follow a lot of this, so let me see if

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' I can't capture it so I do follow it.

Page 151 |}
l:

2 As I understand your testimony, your father was
* some sort of gunnery chief while on active duty; that's
4 your understanding; correct?

8 A. Correct.

6 Q. And then he retired after -- at least after 20
7 years, but you believe more like 22 years of service, I

8 because he wanted to get out and take his retirement, I

° presume?

10 A. That's -- that's my -- yeah, that's my

11 assumption.

12 Q. That's fine.

B And then he took a job with the park service
M4 and he did that for a while?

15 A. Two years. At least two years.

16 Q. Two years.

v7 So he got, I think your testimony was he got

18 out in '64, 1964?

13 A. Uh-huh, I
20 Q. Is that right?

aa A. Yes. !
22 Q. And so, he did two years with the park service,

23 so that takes us up to about 1966? }

24 A. Yes. [
25 Q. Now, before that time, before he went to work
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at Hunters Point or any Naval facility as a civilian,

Page 152

had you ever heard him mention the word "gyros" at all?

A. No.

Q. So, all of his work with these gyros, whatever
they are, I don't know what they are, would have been
as a civilian?

A. Correct.

Q. And that was his sort of specialty?

A. Correct.

Q. And it's your understanding at Hunters Point
they put him through some sort of training or
apprenticeship through several months?

A. Correct.

Q. And then after he qualified with some
on-the-job training or testing or whatever, he then
became a technician who went around and worked on these
compasses; is that your understanding?

A. That's my understanding

Q. During that time as a civilian he took you to
Mare Island on one occasion where you went aboard the
submarine.

A. Correct.

Q. And you were ten years old at the time?

A, I couldn't have been ten years old, could I?

Q

No. That's why I am asking.

f

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o ©

Were you mistaken about the fact that he was on
active duty in the Navy when you went to Mare Island or

were you mistaken about your age, or both, or do you

know?
A. I'm thinking.
You're allowed.

A. Thank you.

I don't recall being on any type of a ship

after my sophomore year in high school.

go back from there.

Q. So, you would have been about 14? I,

A. Uh-huh.

Q. "Yes," is that a "yes"?
Correct.

And you were born in '47?
Yes.

So, if I add 47 to 14.
That's 61.

oP oO PO PF

1961.

You don't remember ever being aboard a ship F

after 1961?

A. Correct.

Q. So, all the testimony you gave about your

father and gyros at Mare Island had to be incorrect;

would it not?

Page 153

Okay. Let's

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1 MR. GREENBAUM: Objection. Pardon me. Ht
2 Objection. Lacks foundation. Assumes facts not in |
3 evidence. t
4 MR. CULLOM: Noted.
5 THE WITNESS: No. He worked, when he retired |
6 from the Navy primarily as a gyro compass technician.
7 BY MR. CULLOM:
8 Q. Let me help you.
9 If you didn't go to Mare Island and go aboard a

20 vessel after you were 14 years of age or after 1961,

a your father had to have been on active duty.

12 Would you agree with that statement as of 1961?
3 A. Yes.

14 Q. Is it fair to say that perhaps you have some i
us confusion as to whether or not you saw a gyro compass :
16 on a Navy vessel while your father was in the Civil

uw Service?

18 A. That is a possibility. I did see the compass.

19 I do remember him being on the submarine. I do

20° remember him talking about gyro compasses, specifically

21 showing that as something that he did.
22 Q. So, then, this had to be later in your life
23. than when you were 14, or if you just don't remember

24 you can tell me that, too.

28 A. Times are difficult for me to remember.

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A Q. I think you told us that you were only there
2 for 15 minutes on this vessel.

3 A. Yeah. I'm claustrophobic. F
‘ Q. That's fair enough. F
5 But 15 minutes when you're claustrophobic 40

© years ago might be something that you don't have a

7 clear recollection of; would you agree with that |
8 statement?

9 MR. HAMES: It's argumentative. ,
Lo THE WITNESS: It's quite possible, but I don't

11 have a clear recollection of that. }

2 BY MR. CULLOM:

33 Q. I don't know if I have cleared it up in my mind |
M4 of when this occurred.

as Tt doesn't really matter to me, except that you
16 do recall seeing a gyro on a submarine with your

a7 father? :
18 A. I do remember that.

19 Q. And you don't know what a gyro is, but he

20° probably said, "Here's a gyro, this is what I work

21 with" or something like that?

22 A. Yes. P
23 Q. And that's how you might know that that's what |
24 a gyro was? t

A. A gyro was.

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