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Kazan, McClain, Satterley & Greenwood
‘A Professional Law Corporation
+ Oakland, California 94607
+ Fax: (510) 835-4913» worw-kazanlaw.com
55 Harcison Street, Suite 400
Jack London Market *
510) 302-1000
Joseph D. Satterley, Esq. (C.S.B. #286890}
Ted W. Pelletier, Esq. (C.S.B. #172938)
Ian A. Rivamonte, Esq. (C.S.B. #232663)
irivamonte@kazanlaw.com
KAZAN, McCLAIN, SATTERLEY & GREENWOOD
A Professional Law Corporation
Jack London Market
55 Harrison Street, Suite 400
Oakland, California 94607
Telephone: (510) 302-1060
Facsimile: (510) 835-4913
Attorneys for Plaintiffs
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
JUL 08 2014
Clerk of the Court
BY: JUDITH NUNEZ
Deputy Clerk
SUPERIOR COURT OF CALIFORNIA.
COUNTY OF SAN FRANCISCO
HAROLD KOEPKE and NANCY
KARIDIS-KOEPKE,
Plaintiffs,
Vv.
FORD MOTOR COMPANY, et al.,
Defendants.
Case No. CGC-13-276217
EXHIBIT 1, PART 1 OF 2TO
DECLARATION OF TAN A. RIVAMONTE IN
SUPPORT OF PLAINTIFFS’ OPPOSITION
TO DEFENDANT VOLKSWAGEN GROUP
OF AMERICA, INC.’S MOTION TO
PRECLUDE PLAINTIFFS AND ANY OTHER
PARTY FROM READING DR. BOZUK’S
DEPOSITION TESTIMONY
Dept.: 624 (Hon. Richard B. Ulmer, Jr.)
Case Filed: December 3, 2013
Trial Date: June 16, 2014
Attached is Exhibit 1, Part 1 of 2 to the Declaration of Ian A. Rivamonte in Support of
Plaintiffs’ Opposition to Defendant Volkswagen Group of America, Inc.’s Motion to Preclude
Plaintiffs and Any Other Party From Reading Dr. Bozuk’s Deposition Testimony.
Exhibit 1, Part 1 of 2 to Declaration of lan A. Rivamonte in Support of Plaintiffs’ Opposition te Defendants
VWGoA's Motion to Preclude Plaintiffs & Any Other Party From Reading Dr. Bozuk's Deposition TestimonyExhibit 1ae ON =
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
~~000-~
HAROLD KOEPKE and NANCY KARIDIS-
KOEPKE,
Plaintiffs,
vs. No. CGC-13-276217
FORD MOTOR COMPANY, et al.,;
Defendants.
Pages 1 through 68 inclusive.
DEPOSITION OF
MICHAEL IT. BOZUK, M.D.
Wednesday, April 9, 2014
12:02 p.m.
3835 Cypress Drive, Suite 202
Petaluma, California
REPORTED BY:
JAMES MATTHEWS
CSR No. 7916Co oe nN Om om BRB WH
MN MN MD HR Be em ek em ek oo
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Michael Bozuk, M.D.
April 9, 2014
APPEARANCES
FOR THE PLAINTIFF:
BY:
KAZAN, MCCLAIN, SATTERLEY & GREENWOOD
JOSEPH D. SATTERLEY, ESQ.
Jack London Market
55 Harrison Street, Suite 400
Oakland, California $4607
510-302-1000
jsatterleyCkazanlaw.com
FOR THE DEFENDANT VOLKSWAGEN GROUP OF AMERICA,
SEDGWICK LLP
BY: CHRISTOPHER S: MARKS, ESQ.
520 Pike Street, Suite 2200
Seattle, Washington, 98101-4093
206-462-7564
chris.marks@sedqwicklaw.com
FOR THE DEFENDANT KELSEY-HAYES COMPANY:
MCKENNA, LONG & ALDRIDGE
BY: JENNIFER J. LEE, ESQ.
Spear Tower
One Market Plaza, 24th Floor
415-267-4126
jelee@mckennalong, com
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888-575-3376
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Michael Bozuk, M.D.
April: 9, 2014
FOR THE DEFENDANT HERTZ:
LOMBARDI, LOPER & CONANT, LLP
BY: JOHN W. RANUCCI, ESQ.
Lake Merritt Plaza
“1999 Harrison Street, Suite 2600
Oakland, California 94612-3541
510-433-2600
jwr@licllp.com
FOR THE DEFENDANT FORD MOTOR COMPANY:
NIZON PEABODY LLP
By: scoTT S. SHEPARDSON, ES@.
One Embarcadero Center, Suite 1800
San Francisco, California 94111
415-984-8268
sshepardson@nixonpeabody.com
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
APPEARING TELEPHONITCALLY
FOR THE DEFENDANT BELNORTEL CORPORATION dba ABC BRAKE REPAIR
OF SAN FRANCISCO:
FOLEY & MANSFIELD
BY: DENNIS M. YOUNG, ESQ.
300 Lakeside Drive, Suite 1900
Oakland, California 94612
510-590-9500
FOR THE DEFENDANT BELL INDUSTRIES:
POND NORTH LLP
BY: ANNE PARK, ESQ.
350 South Grand Avenue, Suite 3300
Los Angeles, California 90071
213-617-6170
aparképondnorth.com
FOR THE DEFENDANT LEAR SIEGER:
KEESAL, YOUNG & LOGAN
BY: ELIZABETH A. KENDRICK, ESQ.
400 Oceangate
Long Beach, California 90802
562-436-2000
elizabeth. kendrick@kyl.com
US Legal Support
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Michael Bozuk, M.D.
April 9, 2014
or nirnenrrieren
MORRIS,
5
FOR THE DEFENDANT CONTINENTAL AUTOMOTIVE SYSTEMS, INC., aka
CONTINENTAL TEVES and MORTON INTERNATIONAL LLC:
BECHERER, KANNETT & SCHWEITZER
BY: STEPHANIE SMITH, ESQ.
1255 Powell Street
Emeryville, California 94608
510-658-3600
ssmith@bkscal.com
FOR THE DEFENDANTS UNIVERSITY DISTRIBUTORS, INC.; DON L.
INC.; and SPECIALTY FOREIGN AUTO PARTS, INC.:
WALSWORTH, FRANKLIN, BEVINS & MCCALL, LLP
BY: STEPHANIE J. ROTHBERG, ESQ.
601 Montgomery Street, 9th Floor
San Francisco, CA 94111-2612
415-781-7072
srothbergéwfbm.com
FOR THE DEFENDANT H.M. ROYAL, INC. +
JACKSON, JENKINS, RENSTROM
BY: JOHN M. MARSTON, ESQ.
55 Francisco Street, 6th Floor
San Francisco, California 94133
415-982-3600
jmarston@jjrlaw.com
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
re oe
FOR THE DEFENDANT PARKER HANNIFIN CORPORATION as
successor-in-interest to EIS BRAKES:
SEMPER LAW GROUP, LLP
BY: ROBERT E. PATERSON, ESQ.
330 North Brand Boulevard, Suite 650
Glendale, California 91203
213-437-2700
REP-Home@comcast. net
FOR THE DEFENDANTS TOYOTA MOTOR SALES, U.S.A., INC.
PNEUMO ABEX LLC:
BRYDON, HUGO & PARKER
BY: RANDALL K. BERNARD, ESQ.
135 Main Street, 20th Floor
San Francisco, California 94105
415-808-0358
rbernard@bhplaw.com
FOR THE DEFENDANT HONEYWELL INTERNATIONAL:
THOMPSON & KNIGHT
BY: NEVIN BROWNFIELD, ESQ.
50 California Street, Suite 3325
San Francisco, California $4111
415-433-3900
nevin.brownfieldétklaw.com
and
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
WITNESS:
EXAMINATION
BY
BY
BY
BY
BY
BY
BY
BY
MR.
MR.
MS.
MR.
MR.
MS.
MR.
MR,
MARKS
SATTERLEY
PARK
MARKS
SATTERLEY
PARK
MARKS
SATTERLEY
INDEX TO EXAMINATION
MICHAEL I. BOZUK, M.D.
US Legal Support
888-575-3376oo NM Oo an Bb
Michael Bozuk, M.D.
April 9, 2014
8
INDEX TO EXHIBITS
MICHAEL IT. BOZUK, M.D.
KOEPKE v. FORD MOTOR COMPANY, et al.
Wednesday, April 9, 2014
PLAINTIFF'S EXHIBITS
MARKED DESCRIPTION PAGE
Exhibit A Medical file of Dr. Bozuk 32
DEFENDANT'S EXHIBITS
Exhibit 1 Consultation notes dictated and signed 10
by Dr. Bozuk from July 23, 2013
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Michael Bozuk, M.D.
April 9, 2014
PETALUMA, CALIFORNIA
Wednesday, April 9, 2014, 12:02 p.m.
MICHAEL I. BOZUK, M.D.
having been duly affirmed, testified as follows:
EXAMINATION BY MR. MARKS
MR. MARKS: Q. Good afternoon Dr. Bozuk.
Hi.
Am I pronouncing your name correctly?
Yes.
US Legal Support
888-575-3376SCS © © AO a pn ow oN
Michael Bozuk, M.D.
April 9, 2014
10
Q. And you understand that we're here to talk about
treatments that you provided to Mr, Harold Koepke?
A. Yes.
Q. And I have marked for purposes of identification as
Exhibit 1 to your deposition a portion of your chart notes.
Do you see that?
A. Yes.
(Whereupon Defendant's Exhibit 1 was marked for
identification.)
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
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US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
12
Q. In Petaluma?
A. All the way around here. In about seven hospitals.
Q. Okay. Okay. Within the region here in this
county?
A. Yes. And Marin County.
Q. And Marin County?
A. And Napa County.
Q. When you see patients as part of a consultation
what is your general practice in terms of meeting with them
for their first consultation?
A. It depends on where -- where the consultation is
coming from.
Q. Okay. With respect to an individual who comes in
complaining of severe chest pain and you are seeing them for
the first time what is your general practice in terms of an
initial consultation?
MR. SATTERLEY: Object to the form of the question.
Vague and ambiguous. Coming into where?
MR. MARKS: Q. Coming in to see you. Do you
understand that?
A. No. Because the consults could be in my office or
they could be in one of the hospitals,
Q. Okay. You have Exhibit 1 in front of you; is that
right?
A. Yes.
US Legal Support
888-575-3376TMS Obj:
relevance
Michael Bozuk, M.D.
April 9, 2014
43
Q. Okay. And Mr. Koepke, you saw him on July 23,
A. Yes.
Q. Okay. And what was the purpose of Mr. Koepke's
visit to you?
MR. SATTERLEY: Object to the form of the question.
MR. MARKS: Q. You may answer.
MR. SATTERLEY: And -~ go ahead. Vague and
ambiguous. But go ahead.
THE WITNESS: He didn't come -~- he did not show up
to my office. This was an emergency room consultation.
MR. MARKS: @Q. Okay. So he came to the hospital?
A. Yes.
Q. And then you were cailed?
A. Yes.
Q. And you saw him there?
A. Yes.
called yo
Okay. When you visit a patient in the hospital for
US Legal Support
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Michael Bozuk, M.D.
April 9, 2014
a consultation and it's your first consultation with the
individual what is your standard practice in meeting the
patient?
MR. SATTERLEY: Object to the form. Vague and
ambiguous. You mean the emergency room or the hospital,
Chris? Either one?
MR. MARKS
a
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Michael Bozuk, M.D.
April 9, 2014
MR. SATTERLEY: Objection, over broad. Vague.
THE WITNESS: I'm not clear if you -- I understand
which history.
MR. MARKS: Q. The various histories. The history
of the present illness, the past medical history. The -~
excuse me -- social histery. History of allergies:
Histories of medications. Why do you ask for those various
histories?
B. Well, they're helpful to help me determine
everything from what the issue is all the way through what
kind of a surgical candidate the patient potentially is or
will be,
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888-575-337613
21
Michae! Bozuk, M.D.
April 9, 2014
Q. And when you see an individual at the emergency
room hospital and you ask them the questions about the
various things like social history, do you take notes of
their responses at that time?
A. No.
Q. Do you prepare a report after the consultation?
A. Yes.
Q. Do you take any type of recorded notes or
statements from the patient while you are performing your
examination?
MR. SATTERLEY: Objection, over broad, vague.
MR. MARKS: @. Do you send your dictation over the
phone for transcription? Or dictate into a telephone?
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
17
2 MR. SATTERLEY: Objection, leading. Also vague,
3 ambiguous.
4 THE WITNESS: No.
5 MR. MARKS: @Q. How do you get a written, typed copy
6 of the transcription?
@
14 MR. SATTERLEY: Objection, over broad. Vague.
16 MR. MARKS: Q. Is that signature ~- sorry.
v7 MR. SATTERLEY: Leading also.
18 MR. MARKS: Q. Is that signature by hand or is it a
19 signed electronic signature? As a general practice?
20 A. That's variable, because it just depends on what
21 stage of the electronic medical records the particular
22 hospital is at.
US Legal Support
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Q-
A.
Michael Bozuk, M.D.
April 9, 2014
Yes.-
On-July 23 of 2013 was that the first time you had
Yes.
Okay. And do you have an independent recollection
of your meeting with Mr. Koepke on that date? In the
emergency room?
Yes.
De you have a independent recollection of the
US Legal Support
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3
11
12
April 9, 2014
419
consultation?
A. No, not particularly.
Q. You mentioned that you said I think that he spoke
German. You remember that he spoke German?
A. Yes.
Q. How did that come up?
A, I asked him.
Q. Okay. And was that because of his -- his name?
A. No. He had an accent, and I speak German -- so --
Q. I see. Did you perform any of the consultation in
German?
A. No.
whether or not he understood the questions you were asking
him?
Michael Bozuk, M.D.
Everything was done in English?
Yes.
MR. MARKS: 9. Okay. Did you have a sense as to
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
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18 MR. SATTERLEY: Objection, compound. Asked and
19) answered.
22 MR. SATTERLEY: Objection, compound.
US Legal Support
‘ 888-575-3376April 9, 2014
4 MR. SATTERLEY: Objection, leading.
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12 Q. And did he provide you any information about any
13 medications that he was taking?
14 A. Yes.
15 Q. And what did he tell you?
16 A. That he was on aspirin, Plavix, Simvastatin,
17 Mstoprolol, and Lisinopril.
18 Q. Did you ask Mr. Koepke about his alcohol
19 consumption?
20 A. Yes.
2h2s «ashe Q. And what did he tell you?
: 22 A. That he was not a drinker.
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Michael Bozuk, M.D.
21
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Michael! Bozuk, M.D.
April 9, 2014
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Q. ‘I see, Did you ask Mr. Koepke about his personal
history? His background?
MR. SATTERLEY: Objection, vague and ambiguous.
THE WITNESS: I'm not sure what you mean by
background.
MR. MARKS: Q. Where he had lived. Where he
worked. What he did for a living.
MR. SATTERLEY: Objection, over broad, vague and
L a neti
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
ambiguous .
THE WITNESS: Yes.
MR. MARKS: @. Okay. Did you also ask him about
the symptoms that he was experiencing?
A. Yes.
MR. SATTERLEY: Objection, leading.
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
24
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2
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17 MR. SATTERLEY: Objection, cbject to form. Vague.
US Legal Support
888-575-3376Michael! Bozuk, M.D.
April. 9, 2014
22
23 evidence,
24
25
MR. SATTERLEY:
Foundation.
THE WITNESS:
MR. MARKS: Q.
Objection, assumes facts not in
Calls for speculation.
Sorry ~- ask the question again?
Sure. Why don't you go ahead and
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
1 just read it back.
2 (Record read.)
3 MR. SATTERLEY: Same objections.
8
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TMS Obj: [95
relevance po
4
12 MR. SATTERLEY: Object to the form of the question.
13 MR. MARKS: Q. Air conditioning and heating
14, ventilation workers.
15 MR. SATTERLEY: Assumes facts not in evidence.
16 Foundation.
TMS Objy 47:
relevance
Foundatio:
Ev. Code fw.
400-4005
TMS Obj:
relevance
Foundatio
Ev. Code 41
TMS Obj:
relevance
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Michael Bozuk, M.D.
April 9, 2014
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MR. SATTERLEY: Same objection.
Q. I see. Are you familiar with any of the
epidemiological studies that have looked at residents of
Hamburg, Germany in terms of exposure to asbestos and an
increased incidence of mesothelioma?
A N
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
28
Q. Have you looked at the literature with respect to.
the incidence of disease associated with exposure to
crocidolite asbestos?
MR. SATTERLEY: Objection, foundation. Assumes
facts not in evidence.
THE WITNESS: No.
MR. MARKS: Q. Okay. Have you looked at the
medical Literature with respect to the incidence of
mesothelioma in air conditioning -- in sheet metal workers?
MR. SATTERLEY: Objection, assumes facts not in
evidence. Foundation.
THE WITNESS:
No.
work?
MR. SATTERLEY: Objection, vague, over broad.
No.
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
MR. SATTERLEY: Objection, asked and answered.
Over broad.
7 M Calis for speculation.
8 MR. MARKS: @. And did he quantify how long he had
9| worked at any of his jobs?
0 A. No.
was.
14 MR. SATTERLEY: Objection, over broad. Vague.
MR. SATTERLEY: Asked and answered.
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
MR. SATTERLEY: Objection, foundation. Also
relevance.
MR. SATTERLEY: Same objections.
MR. SATTERLEY: Objection, over broad, vague.
Calls for speculation.
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21 Same objections.
888-575-3376Michael Bozuk, M.D.
April 9, 2014
MR. SATTERLEY: Foundation, speculation. Assumes
facts not in evidence.
Q. Those are all the questions I have, Doctor. Thank
10 you.
11 A. Okay.
12+). MR. SATTERLEY: Is it okay if I sit here or do you
13). want me to move have around?
14 Let's go off the record fox just a second. I want
145 to ask you a question about the file. Well, we can do this
16 on the record.
EXAMINATION BY MR. SATTERLEY
TMS Obj
atty
colloquy
US Legal Support
888-575-3376TMS Obj:
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350
TMS Obj:
relavance |.
Michael Bozuk, M.D.
April 9, 2014
MR. SATTERLEY: I'd like to get picture quality
copies of the photographs in there if that's okay.
(Whereupon Plaintiff's Exhibit A was marked for
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
TMS Obj:
relevance
Ss
25 MR. MARKS: Objection, argumentative. Misstates
US Legal Support
888-575-33763
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Michael Bozuk, M.D.
testimony.
MR. SATTERLEY: Q. A few minutes as opposed to
hours of discussion.
MR. MARKS: Objection, form, foundation, vague.
MS. PARK: Calls for speculation. Assumes facts
not in evidence. Ann Park.
MR. SATTERLEY: Q. Go ahead, sir.
A. Can you repeat the question?
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
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Michael Bozuk, M.D.
April 9, 2014
Q. Now, in order to do this surgery on Mr. Koepke --
well, when you first -- strike that question,
MR. SHEPARDSON: Lacks foundation, calls for
speculation.
US Legal Support
888-575-3376Michael Bozuk, M.D.
April 9, 2014
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888-575-3376Michael Bozuk, M.D.
April 9, 2014
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888-575-3376Michael Bozuk, M.D.
April 9, 2014
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Preview
Kazan, McClain, Satterley & Greenwood ‘A Professional Law Corporation + Oakland, California 94607 + Fax: (510) 835-4913» worw-kazanlaw.com 55 Harcison Street, Suite 400 Jack London Market * 510) 302-1000 Joseph D. Satterley, Esq. (C.S.B. #286890} Ted W. Pelletier, Esq. (C.S.B. #172938) Ian A. Rivamonte, Esq. (C.S.B. #232663) irivamonte@kazanlaw.com KAZAN, McCLAIN, SATTERLEY & GREENWOOD A Professional Law Corporation Jack London Market 55 Harrison Street, Suite 400 Oakland, California 94607 Telephone: (510) 302-1060 Facsimile: (510) 835-4913 Attorneys for Plaintiffs ELECTRONICALLY FILED Superior Court of California, County of San Francisco JUL 08 2014 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk SUPERIOR COURT OF CALIFORNIA. COUNTY OF SAN FRANCISCO HAROLD KOEPKE and NANCY KARIDIS-KOEPKE, Plaintiffs, Vv. FORD MOTOR COMPANY, et al., Defendants. Case No. CGC-13-276217 EXHIBIT 1, PART 1 OF 2TO DECLARATION OF TAN A. RIVAMONTE IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.’S MOTION TO PRECLUDE PLAINTIFFS AND ANY OTHER PARTY FROM READING DR. BOZUK’S DEPOSITION TESTIMONY Dept.: 624 (Hon. Richard B. Ulmer, Jr.) Case Filed: December 3, 2013 Trial Date: June 16, 2014 Attached is Exhibit 1, Part 1 of 2 to the Declaration of Ian A. Rivamonte in Support of Plaintiffs’ Opposition to Defendant Volkswagen Group of America, Inc.’s Motion to Preclude Plaintiffs and Any Other Party From Reading Dr. Bozuk’s Deposition Testimony. Exhibit 1, Part 1 of 2 to Declaration of lan A. Rivamonte in Support of Plaintiffs’ Opposition te Defendants VWGoA's Motion to Preclude Plaintiffs & Any Other Party From Reading Dr. Bozuk's Deposition TestimonyExhibit 1ae ON = IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ~~000-~ HAROLD KOEPKE and NANCY KARIDIS- KOEPKE, Plaintiffs, vs. No. CGC-13-276217 FORD MOTOR COMPANY, et al.,; Defendants. Pages 1 through 68 inclusive. DEPOSITION OF MICHAEL IT. BOZUK, M.D. Wednesday, April 9, 2014 12:02 p.m. 3835 Cypress Drive, Suite 202 Petaluma, California REPORTED BY: JAMES MATTHEWS CSR No. 7916Co oe nN Om om BRB WH MN MN MD HR Be em ek em ek oo a & Oo Be = OC CG Oo VN Oo oO Bb WwW hw |= OO Michael Bozuk, M.D. April 9, 2014 APPEARANCES FOR THE PLAINTIFF: BY: KAZAN, MCCLAIN, SATTERLEY & GREENWOOD JOSEPH D. SATTERLEY, ESQ. Jack London Market 55 Harrison Street, Suite 400 Oakland, California $4607 510-302-1000 jsatterleyCkazanlaw.com FOR THE DEFENDANT VOLKSWAGEN GROUP OF AMERICA, SEDGWICK LLP BY: CHRISTOPHER S: MARKS, ESQ. 520 Pike Street, Suite 2200 Seattle, Washington, 98101-4093 206-462-7564 chris.marks@sedqwicklaw.com FOR THE DEFENDANT KELSEY-HAYES COMPANY: MCKENNA, LONG & ALDRIDGE BY: JENNIFER J. LEE, ESQ. Spear Tower One Market Plaza, 24th Floor 415-267-4126 jelee@mckennalong, com US Legal Support 888-575-3376 2] INC. :on n OO GO & BS HM = = = 32 Oo Michael Bozuk, M.D. April: 9, 2014 FOR THE DEFENDANT HERTZ: LOMBARDI, LOPER & CONANT, LLP BY: JOHN W. RANUCCI, ESQ. Lake Merritt Plaza “1999 Harrison Street, Suite 2600 Oakland, California 94612-3541 510-433-2600 jwr@licllp.com FOR THE DEFENDANT FORD MOTOR COMPANY: NIZON PEABODY LLP By: scoTT S. SHEPARDSON, ES@. One Embarcadero Center, Suite 1800 San Francisco, California 94111 415-984-8268 sshepardson@nixonpeabody.com US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 APPEARING TELEPHONITCALLY FOR THE DEFENDANT BELNORTEL CORPORATION dba ABC BRAKE REPAIR OF SAN FRANCISCO: FOLEY & MANSFIELD BY: DENNIS M. YOUNG, ESQ. 300 Lakeside Drive, Suite 1900 Oakland, California 94612 510-590-9500 FOR THE DEFENDANT BELL INDUSTRIES: POND NORTH LLP BY: ANNE PARK, ESQ. 350 South Grand Avenue, Suite 3300 Los Angeles, California 90071 213-617-6170 aparképondnorth.com FOR THE DEFENDANT LEAR SIEGER: KEESAL, YOUNG & LOGAN BY: ELIZABETH A. KENDRICK, ESQ. 400 Oceangate Long Beach, California 90802 562-436-2000 elizabeth. kendrick@kyl.com US Legal Support 888-575-3376oC MON OD HO RF YW DY & = Michael Bozuk, M.D. April 9, 2014 or nirnenrrieren MORRIS, 5 FOR THE DEFENDANT CONTINENTAL AUTOMOTIVE SYSTEMS, INC., aka CONTINENTAL TEVES and MORTON INTERNATIONAL LLC: BECHERER, KANNETT & SCHWEITZER BY: STEPHANIE SMITH, ESQ. 1255 Powell Street Emeryville, California 94608 510-658-3600 ssmith@bkscal.com FOR THE DEFENDANTS UNIVERSITY DISTRIBUTORS, INC.; DON L. INC.; and SPECIALTY FOREIGN AUTO PARTS, INC.: WALSWORTH, FRANKLIN, BEVINS & MCCALL, LLP BY: STEPHANIE J. ROTHBERG, ESQ. 601 Montgomery Street, 9th Floor San Francisco, CA 94111-2612 415-781-7072 srothbergéwfbm.com FOR THE DEFENDANT H.M. ROYAL, INC. + JACKSON, JENKINS, RENSTROM BY: JOHN M. MARSTON, ESQ. 55 Francisco Street, 6th Floor San Francisco, California 94133 415-982-3600 jmarston@jjrlaw.com US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 re oe FOR THE DEFENDANT PARKER HANNIFIN CORPORATION as successor-in-interest to EIS BRAKES: SEMPER LAW GROUP, LLP BY: ROBERT E. PATERSON, ESQ. 330 North Brand Boulevard, Suite 650 Glendale, California 91203 213-437-2700 REP-Home@comcast. net FOR THE DEFENDANTS TOYOTA MOTOR SALES, U.S.A., INC. PNEUMO ABEX LLC: BRYDON, HUGO & PARKER BY: RANDALL K. BERNARD, ESQ. 135 Main Street, 20th Floor San Francisco, California 94105 415-808-0358 rbernard@bhplaw.com FOR THE DEFENDANT HONEYWELL INTERNATIONAL: THOMPSON & KNIGHT BY: NEVIN BROWNFIELD, ESQ. 50 California Street, Suite 3325 San Francisco, California $4111 415-433-3900 nevin.brownfieldétklaw.com and US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 WITNESS: EXAMINATION BY BY BY BY BY BY BY BY MR. MR. MS. MR. MR. MS. MR. MR, MARKS SATTERLEY PARK MARKS SATTERLEY PARK MARKS SATTERLEY INDEX TO EXAMINATION MICHAEL I. BOZUK, M.D. US Legal Support 888-575-3376oo NM Oo an Bb Michael Bozuk, M.D. April 9, 2014 8 INDEX TO EXHIBITS MICHAEL IT. BOZUK, M.D. KOEPKE v. FORD MOTOR COMPANY, et al. Wednesday, April 9, 2014 PLAINTIFF'S EXHIBITS MARKED DESCRIPTION PAGE Exhibit A Medical file of Dr. Bozuk 32 DEFENDANT'S EXHIBITS Exhibit 1 Consultation notes dictated and signed 10 by Dr. Bozuk from July 23, 2013 US Legal Support 888-575-3376oO G8 8 NO G& FB OW NM os a Michael Bozuk, M.D. April 9, 2014 PETALUMA, CALIFORNIA Wednesday, April 9, 2014, 12:02 p.m. MICHAEL I. BOZUK, M.D. having been duly affirmed, testified as follows: EXAMINATION BY MR. MARKS MR. MARKS: Q. Good afternoon Dr. Bozuk. Hi. Am I pronouncing your name correctly? Yes. US Legal Support 888-575-3376SCS © © AO a pn ow oN Michael Bozuk, M.D. April 9, 2014 10 Q. And you understand that we're here to talk about treatments that you provided to Mr, Harold Koepke? A. Yes. Q. And I have marked for purposes of identification as Exhibit 1 to your deposition a portion of your chart notes. Do you see that? A. Yes. (Whereupon Defendant's Exhibit 1 was marked for identification.) US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 S582 2e26¢ 6 @ & « SReeeseas US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 12 Q. In Petaluma? A. All the way around here. In about seven hospitals. Q. Okay. Okay. Within the region here in this county? A. Yes. And Marin County. Q. And Marin County? A. And Napa County. Q. When you see patients as part of a consultation what is your general practice in terms of meeting with them for their first consultation? A. It depends on where -- where the consultation is coming from. Q. Okay. With respect to an individual who comes in complaining of severe chest pain and you are seeing them for the first time what is your general practice in terms of an initial consultation? MR. SATTERLEY: Object to the form of the question. Vague and ambiguous. Coming into where? MR. MARKS: Q. Coming in to see you. Do you understand that? A. No. Because the consults could be in my office or they could be in one of the hospitals, Q. Okay. You have Exhibit 1 in front of you; is that right? A. Yes. US Legal Support 888-575-3376TMS Obj: relevance Michael Bozuk, M.D. April 9, 2014 43 Q. Okay. And Mr. Koepke, you saw him on July 23, A. Yes. Q. Okay. And what was the purpose of Mr. Koepke's visit to you? MR. SATTERLEY: Object to the form of the question. MR. MARKS: Q. You may answer. MR. SATTERLEY: And -~ go ahead. Vague and ambiguous. But go ahead. THE WITNESS: He didn't come -~- he did not show up to my office. This was an emergency room consultation. MR. MARKS: @Q. Okay. So he came to the hospital? A. Yes. Q. And then you were cailed? A. Yes. Q. And you saw him there? A. Yes. called yo Okay. When you visit a patient in the hospital for US Legal Support 888-575-3376S&seteGeee S66 e@e@~ oo se ws + Michael Bozuk, M.D. April 9, 2014 a consultation and it's your first consultation with the individual what is your standard practice in meeting the patient? MR. SATTERLEY: Object to the form. Vague and ambiguous. You mean the emergency room or the hospital, Chris? Either one? MR. MARKS a Q. T£ you understand you can answer. a a @ a a a a US Legal Support 888-575-3376ee 2 2 = @ & & oo Nw = Co © p 16 16 Michael Bozuk, M.D. April 9, 2014 MR. SATTERLEY: Objection, over broad. Vague. THE WITNESS: I'm not clear if you -- I understand which history. MR. MARKS: Q. The various histories. The history of the present illness, the past medical history. The -~ excuse me -- social histery. History of allergies: Histories of medications. Why do you ask for those various histories? B. Well, they're helpful to help me determine everything from what the issue is all the way through what kind of a surgical candidate the patient potentially is or will be, US Legal Support 888-575-337613 21 Michae! Bozuk, M.D. April 9, 2014 Q. And when you see an individual at the emergency room hospital and you ask them the questions about the various things like social history, do you take notes of their responses at that time? A. No. Q. Do you prepare a report after the consultation? A. Yes. Q. Do you take any type of recorded notes or statements from the patient while you are performing your examination? MR. SATTERLEY: Objection, over broad, vague. MR. MARKS: @. Do you send your dictation over the phone for transcription? Or dictate into a telephone? US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 17 2 MR. SATTERLEY: Objection, leading. Also vague, 3 ambiguous. 4 THE WITNESS: No. 5 MR. MARKS: @Q. How do you get a written, typed copy 6 of the transcription? @ 14 MR. SATTERLEY: Objection, over broad. Vague. 16 MR. MARKS: Q. Is that signature ~- sorry. v7 MR. SATTERLEY: Leading also. 18 MR. MARKS: Q. Is that signature by hand or is it a 19 signed electronic signature? As a general practice? 20 A. That's variable, because it just depends on what 21 stage of the electronic medical records the particular 22 hospital is at. US Legal Support 888-575-3376Sh QO BF ON 42 8 © 0 UNE Se GY ke oe Q- A. Michael Bozuk, M.D. April 9, 2014 Yes.- On-July 23 of 2013 was that the first time you had Yes. Okay. And do you have an independent recollection of your meeting with Mr. Koepke on that date? In the emergency room? Yes. De you have a independent recollection of the US Legal Support 888-575-3376Oo @ N OO HH FF © NH 3 11 12 April 9, 2014 419 consultation? A. No, not particularly. Q. You mentioned that you said I think that he spoke German. You remember that he spoke German? A. Yes. Q. How did that come up? A, I asked him. Q. Okay. And was that because of his -- his name? A. No. He had an accent, and I speak German -- so -- Q. I see. Did you perform any of the consultation in German? A. No. whether or not he understood the questions you were asking him? Michael Bozuk, M.D. Everything was done in English? Yes. MR. MARKS: 9. Okay. Did you have a sense as to US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 # a a a = a 8 ® ae a a ae 18 MR. SATTERLEY: Objection, compound. Asked and 19) answered. 22 MR. SATTERLEY: Objection, compound. US Legal Support ‘ 888-575-3376April 9, 2014 4 MR. SATTERLEY: Objection, leading. @ 3 a & 6 a & s ay 12 Q. And did he provide you any information about any 13 medications that he was taking? 14 A. Yes. 15 Q. And what did he tell you? 16 A. That he was on aspirin, Plavix, Simvastatin, 17 Mstoprolol, and Lisinopril. 18 Q. Did you ask Mr. Koepke about his alcohol 19 consumption? 20 A. Yes. 2h2s «ashe Q. And what did he tell you? : 22 A. That he was not a drinker. Helin an mh Michael Bozuk, M.D. 21 US Legal Support 888-575-3376CSS Seeeseaces) Michael! Bozuk, M.D. April 9, 2014 Seb St sheets Q. ‘I see, Did you ask Mr. Koepke about his personal history? His background? MR. SATTERLEY: Objection, vague and ambiguous. THE WITNESS: I'm not sure what you mean by background. MR. MARKS: Q. Where he had lived. Where he worked. What he did for a living. MR. SATTERLEY: Objection, over broad, vague and L a neti US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 ambiguous . THE WITNESS: Yes. MR. MARKS: @. Okay. Did you also ask him about the symptoms that he was experiencing? A. Yes. MR. SATTERLEY: Objection, leading. US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 24 4 8 é 7 2 9 17 MR. SATTERLEY: Objection, cbject to form. Vague. US Legal Support 888-575-3376Michael! Bozuk, M.D. April. 9, 2014 22 23 evidence, 24 25 MR. SATTERLEY: Foundation. THE WITNESS: MR. MARKS: Q. Objection, assumes facts not in Calls for speculation. Sorry ~- ask the question again? Sure. Why don't you go ahead and US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 1 just read it back. 2 (Record read.) 3 MR. SATTERLEY: Same objections. 8 6 a TMS Obj: [95 relevance po 4 12 MR. SATTERLEY: Object to the form of the question. 13 MR. MARKS: Q. Air conditioning and heating 14, ventilation workers. 15 MR. SATTERLEY: Assumes facts not in evidence. 16 Foundation. TMS Objy 47: relevance Foundatio: Ev. Code fw. 400-4005 TMS Obj: relevance Foundatio Ev. Code 41 TMS Obj: relevance US Legal Support 888-575-3376TMS Obj: relevance Oe RG Re oS Michael Bozuk, M.D. April 9, 2014 poe co ne ony MR. SATTERLEY: Same objection. Q. I see. Are you familiar with any of the epidemiological studies that have looked at residents of Hamburg, Germany in terms of exposure to asbestos and an increased incidence of mesothelioma? A N US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 28 Q. Have you looked at the literature with respect to. the incidence of disease associated with exposure to crocidolite asbestos? MR. SATTERLEY: Objection, foundation. Assumes facts not in evidence. THE WITNESS: No. MR. MARKS: Q. Okay. Have you looked at the medical Literature with respect to the incidence of mesothelioma in air conditioning -- in sheet metal workers? MR. SATTERLEY: Objection, assumes facts not in evidence. Foundation. THE WITNESS: No. work? MR. SATTERLEY: Objection, vague, over broad. No. US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 MR. SATTERLEY: Objection, asked and answered. Over broad. 7 M Calis for speculation. 8 MR. MARKS: @. And did he quantify how long he had 9| worked at any of his jobs? 0 A. No. was. 14 MR. SATTERLEY: Objection, over broad. Vague. MR. SATTERLEY: Asked and answered. US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 MR. SATTERLEY: Objection, foundation. Also relevance. MR. SATTERLEY: Same objections. MR. SATTERLEY: Objection, over broad, vague. Calls for speculation. Seeseeee888er6nces s.r @ oy 21 Same objections. 888-575-3376Michael Bozuk, M.D. April 9, 2014 MR. SATTERLEY: Foundation, speculation. Assumes facts not in evidence. Q. Those are all the questions I have, Doctor. Thank 10 you. 11 A. Okay. 12+). MR. SATTERLEY: Is it okay if I sit here or do you 13). want me to move have around? 14 Let's go off the record fox just a second. I want 145 to ask you a question about the file. Well, we can do this 16 on the record. EXAMINATION BY MR. SATTERLEY TMS Obj atty colloquy US Legal Support 888-575-3376TMS Obj: atly colloquy 32:12-3:2: Relevance Evid. Code) 43. 350 TMS Obj: relavance |. Michael Bozuk, M.D. April 9, 2014 MR. SATTERLEY: I'd like to get picture quality copies of the photographs in there if that's okay. (Whereupon Plaintiff's Exhibit A was marked for US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 TMS Obj: relevance Ss 25 MR. MARKS: Objection, argumentative. Misstates US Legal Support 888-575-33763 ABC a Cumulative | Ev. Code 352 8) Michael Bozuk, M.D. testimony. MR. SATTERLEY: Q. A few minutes as opposed to hours of discussion. MR. MARKS: Objection, form, foundation, vague. MS. PARK: Calls for speculation. Assumes facts not in evidence. Ann Park. MR. SATTERLEY: Q. Go ahead, sir. A. Can you repeat the question? US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 3 3 4 S 6 % 8 6 US Legal Support 888-575-337624 25 A oa Ree Michael Bozuk, M.D. April 9, 2014 Q. Now, in order to do this surgery on Mr. Koepke -- well, when you first -- strike that question, MR. SHEPARDSON: Lacks foundation, calls for speculation. US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 a 10 US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 soe Ne ee wR OS 10 US Legal Support 888-575-3376Michael Bozuk, M.D. April 9, 2014 = 3 US Legal Support 888-575-3376