Exhibit,Appendix: HAROLD KOEPKE et al VS. FORD MOTOR COMPANY et al

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                                Kazan, McClain, Satterley & Greenwood

A Professional Law Corporation

55 Harrison Street, Suite 400 + Oakland, California 94607
* www kazanlaw.com,

(510) 302-1000 * Fax: (510} 835-4913

Jack London Macket *

Joseph D. Satterley, Esq. (C.S.B. #286890)
Ted W. Pelletier, Esq. (C.S.B. #172938)

Autunin Mesa, Esq. (C.S.B. #233508) ELECTRONICALLY

amesa@kazanlaw.com
KAZAN, MoCLAIN, SATTERLEY & GREENWOOD FILED)
A Professional Law Corporation Superior Court of California,
Jack London Market unty of San Francisco
55 Harrison Street, Suite 400 MAY 28 2014
Oakland, California 94607 Clerk of the Court
Telephone: (510) 302-1000 BY: WILLIAM TRUPEK
Facsimile: (510) 835-4913 Deputy Clerk

Attorneys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

HAROLD KOEPKE and NANCY KARIDIS- | Case No. CGC-13-276217
KOEPKE,
EXHIBITS 5 AND 6 TO DECLARATION
Plaintiffs, OF AUTUMN MESA IN OPPOSITION TO
DEFENDANT SHELL OIL COMPANY’S
v. MOTION FOR SUMMARY JUDGMENT
OR, IN THE ALTERNATIVE, SUMMARY
FORD MOTOR COMPANY, et al. ADJUDICATION

Defendants. Date: June 4, 2014

Time: 9:30 am.

Dept.: 503 (Hon. Teri L. Jackson)
Case Filed: December 3, 2013

Trial Date: Jnne 16.2014

Attached are Exhibits 5 and 6 to the Declaration of Autumm Mesa in Opposition to
Defendant Shell Oil Company’s Motion for Summary Judgment or, in the Alternative, Summary

Adjudication.

Exhibits 5 and 6 to Declaration of Autumn Mesa in Opposition to Defendant Shell Oil Company’s MSJ/MSAExhibit 5Page i

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO

HAROLD KOEPKE AND NANCY )

KARIDIS-KOEPKE. )
)
Plaintiffs, )
) CASE NO.
vs. ) CGC13 276217
)
FORD MOTOR COMPANY, etal, )
)
Defendants.)
Oo

VIDEOTAPED DEPOSITION OF:
HARRY C. JONES
Taken on Behalf of the Plaintiffs

May 5, 2014
Taken Before Carissa Boone
LER No. 382
Page 2
4 APPEARANCES
z
For the Plaintiff:
3
CAROLE M. BOSCH, ESQ.
4 Reazan, McCisin, Sattertey & Greenwood
55 Harrison Street
5 Suite 400
Oskland, California 94607
6 — 510,302,1606
Chosch@kazantaw.com
7
For the Defendant Shell Oil Company, Ford Motor
& Company and the witness:
8 ROSS M. PETTY, ESQ.
Nixon Peabody, L1.P
10 One Embarcadero Center
Suite 1800
11 San Francisco, Catifomia 94111
415.984.8382
12 Rpelty@nixanpeabody.com
13 For the Defendant Belnortel Corporation, dibfa
ABC, Mobile Brake of San Francisco
a4
ABIGAIL P. ADAMS. ESQ.
19 Foley & Mansfield
300 Lakeside Drive
16 Suite 1900
Oakland, California 94612
17 510,590/9510
‘Aadoms@foleymansfietd.com
18 (Wie Telephone)
19 Forthe Defendant Tayota Motor Sates, US.A.,
Te
20
RANDALL K, BERNARD, ESQ.
2) Brydon, Hugo & Parker
135 Main Steet
22 Twenlieth Floor
San Francisco, California 94105
23 415.808.0358

Rhemard@bhplaw com
(Via Telephone)

For the Defendart Honeywell international, ine.

Page 3

2 NEVINC, BROWNFIELD, ESQ.
‘Thomason & Knight
3 SC Colivoria Street
‘Suite 3325
4 San Francisco, Catifoenia 94111
415.433.3900
5 Nevin Brownfield @tklaw.com
(Via Telephone)
€
For the Defendant Borg-Warner
7
KIMBERLY 1, CHEW, ESQ.
8 Bombom Brown
1901 Harrisor Street
S Fourteenth Floor
‘Oakland California 92612
10 $10,444,680
Kchew@lburahambrown com
LL (Via Telephone}
12 For the Defendant Volkswagen Group of America,
ino
13
EMMA B GRAGLIA, ESQ.
TA Carroll, Basdick & McDonough, LLP
633 West Fifth Street
15 Fifiy-irst Floor
Los Angeles, California 90072
16 213.833.4500
Egcaglia@ebonlaw.com
17 (Via Telephone}
18 For the Defendant FMC Technologies, Ine:
19 EDWARD & RARTLEY, ESQ,
Hossasd Bonington, LLP
20 Twa Banbarondera Center
Suite 1806
21 San Francisco, California 94111
415.288.9800
22 — Beh@hassord com
(Viz Telephone)
23
24
25
4 Forthe Defendant Kelsey Hayes Company:
2 OFTOHOLZ. £0.
MoKenna, Long & Atdvidus, LLP
3 300 South Grand Avenue
Fourteenth Floor
4 Los Angetes, Califomin 80071
213.688 1000
5 Onicholzg@yahoo.com
(Wie Telephone}
‘
For the Defendant American Honds.
7
DAVID J. KESTENBAUM, ESC.
8 Levus, Brisbois, Bisgaard & Smith, LLP
333 Bk Street
9 Suite 2706
Son Francisco, California 94104
10 415.438.6696
David kestenbaung@lewisbrisbois com
TL Qin Telephone}
12 Forthe Defendant Tho Hertz Corporation:
13 MARIAM LAMPASONA, ESQ,
Lombardi, Lopes & Conard, LLP
14 1999 Hsrsison Street
Suite 2600
15 Oakland, California 94612
510.433.2609
16 Mlampasona@ieslp.com
(Via Telephone)
wv
For the Defendants Parker Hannifin Corporation,
18 Individually, and as successor-in-interest to
RIS Brake Parts ond Industria! & Automouve
19 Associates, Tao.
20 LENOR RAMIRFA, SQ
Semper Law Group, LLP
21 330 Noh Brand Boulevard
Suite 659
22 Glendale, Calsiomus 91203
23.437 SHO
23 Lramizee@semperlawgroup.com
(ia Telephone}
24

1
Aiken Welch Court Reporters H. Jones 5/5/2014 EXHI RIT GB

{Pages 1 to

DPage 5 Page 7:
1 For the Defendants Don L. Mortis, Inc.; L INDEX OF EXHIBITS (CONT'D)
University Distributors, Inc. and Specialty 2 Exhibits Description Page/Line
2 Foreign Auto Parts, Inc.: 2 Exhibit 10 August 14,1980 Letter 100 15
3 STEPHANIE J. ROTHBERG, ESQ. from Shell Oil Company,
Walsworth, Franklin, Bevins & McCall, LLP 4 ABS-010361 to 010363
4 601 Montgomery Sireet 5 Exhibit ii A Shell Training 104 24
Ninth Floor Resource Program, H140
5 San Francisco, California 94111 6 Asbestos in the
1h. Workplace by Moss
6 — Srothberg@wfbm.com 7 Communications, Inc.,
(Via Telephone) 1980, ABS-037356 to
3 8 037368
9
9
10
10 iL
ll >
12 13
13 14
14 5
15 te
16
17 1?
18 18
19 19
20 26
21 24
22 22
23 23
24 24
25 25 __
Page 6 Page 8
3 WIENESS. IN pes JONES 1 The videotaped deposition of HARRY C.
3 INDEX OF EXAMINATIONS 2 JONES, was taken by counsel for the Plaintiffs,
3 By Ms. Bosch PagefLine 3 on May 5, 2014, commencing at 10:05 a.m., in the
By Mr Paty a 4 conference room of Marriott Fairfield Inn &
é 5 Suites, 1200 Sams Street, Cookeville, Tennessee,
INDEX OF EXHIBITS 6 for all purposes under the Tennessee Rules of
° Exhibits Description Page/Line 7 Civil Procedure.
9 " ee 8 The formalities as to notice, caption,
10 Exhibit 1 Notice of Deposition = 14 4 9 certificate, et cetera, are not waived. All
Exhibit 2 April 2, 2014 Letter from 14 22 10 objections, except as to the form of the
i Joseph Satterley ij ing.
12 Exhibit 3 1973 San Francisco 503 it questions, are reserved fc the hearing
District Training/Dealer 12 it is agreed that Carissa L. Boone,
13, Change Record 13 being a Notary Public and Court Reporter, may
14 Exhibit 1975 San Francisca $5.20 " }
District ‘Training/Dealer 14 — swear the witness, and that the reading and
19 ‘Change Record jont ith
16 Exhibit S August 18,1972 Letter 72, 24 a8 signing ofthe completed deposition by the
from Shell Of Company, 16 witness are not waived.
a7 ABS-032005 to 032008 7
18 Exhibit August 25, 1975 Letter 78 10
from Shell Oil Company, 18
19 ABS-006623 10 005636 1g kOe OR
20 Exhibit? September 4, 1975 Letter. 85 24
from Shell Oil Company, 20
21 ABS-0466768 to 046770 21
22 Exhibit March 1, 1976 Letter 91-8
from Shell Oil Company, 22
23 EMP-1-0316 to J-0321 23
24 Exhibit 9 September 7, 1976 Letter 94 22
from Shell Oil Company, 24
25 ABS-010488 10 010494 25

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2 {Pages 5 to 8)
5/5/2014

H. JonesPage 9
THE VIDEOGRAPHER: This is the 1
videotape deposition of Mr. Harry C. Jones in 2
the matter of Harold Koepke and Nancy 3
Karidis-Koepke versus Ford Motor Company, 4
et al., being heard before the Superior Court of 5
the State of California in and for the City of 6
San Francisco. The case number is CGC13 276217. 7
The deposition is taking place on May the Sth, 8
2014 at 10:05 a.m., in [sic] 1200 Sams Street, a
Cookeville, Tennessee. 10
Appearing Counsel, if you will, iL
state your appearance for the record, All 12
others will be reflected on the stenographic 13
record. 14
MS. BOSCH: Carole Bosch appearing a5
on behalf of Mr. and Mrs. Koepke. 16
MR. PETTY: And I'm Ross Peity, 17
appearing on behalf of Defendant Shell Oil 18
Company, Ford Motor Company and the witness. io
THE VIDEOGRAPHER: Madam Court 20
Reporter, if you will, please swear in the 21
witness. 22
HARRY C. JONES, 23
having been first duly sworn, was examined, and 24
testified as follows: 25

Page 10
THE WITNESS: Yes, I do. 1
EXAMINATION 2
QUESTIONS BY MS. BOSCH: 3
Q. Good morning, sir. My name is Carole 4
Bosch. | introduced myself off the record, and 5
T'm -- 6
A. Okay. 7
Q.  -- represent Mr. and Mrs. Koepke -- 8
A. Okay. 9
. -- in this case. 10
Would you please state your full name for Ll
the record. 12
A. Harry Charles Jones. 13
Q. And what is your date of birth, sir? 14
A. 4/14/40. 15
Q. So you're 70 years old? 16
A. 74. 17
Q. 74. Sorry, yes, 74 years old. Thank 18
you. 19
And what is your address, sir? 20
A. 319 Linnaeus, L-i-n-n-a-e-u-s, Avenue, 21
Cookeville, C-o-0-k-e-v-i-I-e [sic], Tennessee 22
38501. 23
Q. And, sir, do you remember a gentleman 24
2 25

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Page 11}

A. No, Ido not.
Q. Sir, de you remember having a
conversation over the telephone with a gentleman
called Joe Satterley?
A. Yes.
Q. Allright. And you're represented by
counsel today, correct?
A. Yes,
Q. And the conversation that you had with
Mr. Satterley was before you were represented by
counsel, right?
A. Yes.
Q. Okay. And Mr, Satterley memorialized his
conversation with you in a letter to you; is
that right?
A. Yes.

MR. PETTY: Objection, vague and
ambiguous, but go ahead.
BY MS. BOSCH:
Q. Did you receive that letter, sir?
A. Yes, I did. There are some areas that f
think he took certain liberties with things that
we talked about on the phone. And when I was
initially contacted, it was not by him, It was
someone who said that they were an attorney,

Page 12

which in fact, after talking to him,
Mr. Satterley, [ found out that no, it was an
investigator.
Q. He was working for an attorney?
MR. PETTY: Calis for speculation.
THE WITNESS: He did not make that
very clear on the phone.
BY MS. BOSCH:
Q. Allright. Okay. So -- well, we'll talk
about these areas in a little bit, but which of
the -- well, actually, strike that.

Which of the areas in the letter do you
think are not reflecting your conversation with
Mr. Satterley?

A. Pardon me. I've had eye surgery, I've
got to get on my readers.

Q. Oh.

A. The area about putting -- or Shell
putting out written information. It kind of --
the way I read his letter, he felt maybe I was
saying yes, Sheli did. To my knowledge, there
has been -- there was nothing in particular in
writing. And even, you know, when you go to
classes with outside suppliers, at that time,

ing reall ific about the

5/5/2014

H. Jones

)ODWHOBWNE

Page 17

Page 19]:

A. Fine. 1 Shell?
Q. Okay. If you need a break at any time, 2 A. Dealer Sales Representative.
sir, would you please let me know? 3 Q. And what did that entail? What did you
A. Yes. 4 do?
Q. Another important detail is that -- well, 5 A. Made sales calls and -- on Shell dealers
it's not a detail. Another important matter is 6 in Monterey and San Benito County in California.
that at the end of the deposition, the court 7  @ And when you made the sales calls to the
reporter will make a transcript. You will have 8 dealers -- and first of all, when you say
an opportunity to review the transcript. It's a 3 "dealer," do you mean the service stations?
little booklet of everything that happened 10 A. Yes,
today. iL @ = Okay. When you made calls to the service
A. Uh-huh. 12 _ stations and the dealers in charge of the
Q. [just want to let you know that when you 13 _ service stations, what was the purpose of these
review the transcript, if you make any 14 calls?
substantive changes, we'll have an opportunity 15 A. To help them with their businesses,
to comment upon that at trial. So it's 16 increase sales volume, and I was also
important that you give your best testimony 1? responsible for leasing the stations and
today and try not to, you know, give testimony 18 negotiating those leases.
today and then make changes later on. Do you 19 Q. Im terms of increasing sales, did that
understand that? 20 mean increasing sales of gasoline or sales of
A. Yes. 21 other products?
Q. Okay. Have you taken any medication 22 A. Everything. Tires, batteries, filters,
today, sir, that would impair your ability to 23 back room sales.
testify? 24 Q. What do you mean by back room sales?
A.__No. 25 A. _Automo- -- automotive service,
Page 18 Page 20

Q. Other than your counsel, have you spoken 1 @. And how did you help the dealers increase
to anyone about this deposition? 2 what you called back room sales?
A. No. 3 A. Well, Shell at that time had retail
Q. Have you reviewed any documents prior to 4 trainers, and I would set up training in my
the deposition? 5 sales territory to help dealers understand how
A. No. 6 to do air-conditioning or people that they would
Q. Are you currently retired, sir? 7 hire, help them gain the skills to do this
A. Yes. @ — service work.
Q. When did you retire? 3 Q. So if] understand correctly, sir, you
A, 1995. 10 helped the dealers acquire some of the
Q. And did you retire from Shell Oil 11 mechanical skills or have their mechanics
Company? 12 acquire some of the mechanical skills that were
A. Yes. 13 required to deliver some services?
Q. How long were you employed with Shell 14. AL Yes.
Oil? 15 MR. PETTY: Overbroad, vague and
A. Twenty-nine-and-a-half years. 16 ambiguous.
Q. Almost 30 years, huh? Twenty-nine-and-a- | 17 BY MS. BOSCH:
half. 18 Q._ And you said you set up the training for

So started in 1965-'66? 19 the dealers. So you helped organize the
A. 1966, 9/26/66. 20 trainings, right?
Q. Good memory, 21 AL Yes.

And where -- where were you living when 22 Q. Did you at that time deliver the
you first started working for Shell? 23 training?

A. In Watsonville, California.

Aiken Welch Court Reporters

A. No.

5 {Pages 17 to 20)
5/5/2014

H. Jonesdifferently. How long were you an instructor in
the Bay Area, in the San Francisco Bay Area?
i to Atlanta,

Aiken Welch Court Reporters

did the physical training. I did the
coordination.

from?

6 (Pages 21 to 24)
5/5/2014

H. Jones

E
L
L
:

Page 21 Page 23]:
1 __ provided to the dealers in the Monterey area, 1 probably in the early ‘80s. Jimmy Carter was
2 that had to do with mechanical services, other 2 President, because | had to sell my house in
3 than air-conditioning? 3 California and buy one in Georgia, and it was
4 A. That was it, primarily. 4 1S-and-a-half percent interest. So that, I
5 Q. No other classes, just air-conditioning? 5 remember very weil.
6 A. Yes. 6 . Soin the early '80s. So throughout the
7 Q. Okay. Was there a class on oil changes 7 ‘70s, you were doing training in the San
8 and these sorts of things? 8 Francisco Bay Area?
9 A. That was done basically as part of the 9 A. On the West Coast.
10 initial dealer training. 10  Q. Onthe West Coast. So that was my next
1 Q._ Any classes on brakes or clutches? 1 question. What was -- what was your territory
12 MR. PETTY: Vague as to time. 12 in the 1970s? +
13 THE WITNESS: No. 13. A. From Fresno to Seattle, Washington.
14 BY MS. BOSCH: 14 QQ. And were you doing training throughout
5 Q. Allright. How long did you stay a 15 the '7@s? Were you giving the -- were you an
16 Dealer Sales Representative? 16 actual irainer as oppesed to a supervisor?
17 A. _ [don't remember exactly, but probably 17° AL Yes.
18 about six years. 18 Q. Okay. As part of your job functions as a
19 Q. Allright. And what position did you 19 trainer, did you write any of the materials for
20 move to? 20 the courses you delivered?
21 A. Retail Training Instructor. 21 A. Yes.
22  Q. Do you remember when you became a Retail | 22 Q. Okay. We'll come back to this ina
23 Training Instructor? 23 little bit. | just want to get an overview of
24 A. Probably sometime in the early '70s. I 24 — your career.
5 __don't remember a specific date. 25 Let's -- in the 1980s, you moved to _|
Page 22 Page 24
Q. And how Jong did you work as an 1 Atlanta?
instructor? 2 A. Yes.
A. When I retired, J was still instructing, 3  @Q. And what was your position in Atlanta?
so quite a while. 4 A. Supervisor Retail Training East.
Q. So the bulk of your career with Shell was 5 @Q. Se that's when you became responsible for
as an instructor? 6 the eastern part of the country, right?
A. Involved in training, not always as an 7 A. Yes.
instructor, but involved in training, Whether 8 Q. From Massachuseits to Florida?
it be new hires for Shell, which I did in S A. Yes.
Houston, or Training Supervisor for the eastern 16 Q. And how long did you remain a supervisor
area of the country, which was from 11° in Atlanta?
Massachusetts to Florida and west to Houston, 12 A. Probably until the late ‘80s, early '90s,
Texas. 13 when --
Q. Allright. So let me understand your 14 Q And
career in training at Shell a little bit better. 15 A. --I was transferred to Houston.
So you -- how long were you an instructor, a 16 Q. And what was your position in Houston?
Retail Training Instructor? 17 A. I was responsible for the interviewing
A. Don't remember specifically, but probably 18 and hiring of retail marketing personnel.
-- well, I was instructing classes even when I 12 Q. So did your position switch to training
was a supervisor, training out of Atlanta, 20 -- well, did you do any training as part of that
Georgia. So quite a while. 21 responsibility, hiring responsibility?
Q. Allright. Let me ask you a little bit 22 A. Not really training. I -- other peopleWDIAMEWNH

Page 29

change between Fremont and Foster City?

A. I don't remember the year.

Q. What were your responsibilities as a
trainer, sir?

A. Working with new Shell dealers and
training them.

Q. Training them about what? What was the
subject of these trainings?

A. Personnel management; financial
management; lubes, oil, filter product
knowledge.

Q. When you say "product knowledge," what do
you mean by that, sir?

A. Gasoline, oil, filters, specialties,
anything that we sold.

Q. So you were giving them training on the
products that Shell sold?

A. Yes.

Q. Now, my understanding is that prior to
becoming a dealer, a prospective dealer or
brand-new dealer had to go through a program
that was called the Basic Dealer Management
Development Program?

WOAIA ON RWHP

Page 31);

Q. No, I'm sorry. Was there material? Did
you give out materials to the dealers?

A. Yes.

Q. Okay. And my next question is: Who
prepared these materials?

A.  Lcouldn't give you a specific answer.

Q. Was there a department at Shell that
prepared training materials?

A. Yes.

Q. Okay.

A. The western Marketing region had a
Training department at 100 Bush Street in San
Francisco, and that’s where all the trainers on
the West Coast worked out of or that's where we
reported to.

Q. And that division was responsible for
creating some of the materials or publishing the
materials --

A. Yes,
Q.  -- that you used in your courses?
A. Yes.

Q. Okay. Did you have any input in the
materials? Did you sometimes come back and say,
“Hey, you know, | think we should add something
about this or something about that"?

A. Yes.

Q. Okay. Is that the program you were just
Page 30

telling us about?

A. Yes.

Q. Do you recall a gentleman called Jim

Perry?

A. Jim Perry? Yes.

Q. Okay. Was he one of your fellow

trainers?

A. Yes.

Q. Do you know if Mr. Perry still lives in

the Bay Area?

A. I don't know. The last time I saw Jim
Perry was in the Atlanta airport.

Q. Okay. What was --

A. And that was in 19- -- sometime in the
early '80s. I'm not sure if Jim's even alive.

Q. Allright. So did you ever give the

Basic Dealer Management Development Program
yourself?

A. Yes.

Q. Did you ever prepare materials for the
Basic Dealer Management Program?

A. No.

Q. Okay. Where -- were there materials that

Aiken Welch Court Reporters

Page 32

MR. PETTY: Vague and ambiguous.

THE WITNESS: Not really. You know,
they were to ask us, "Is this piece working?"
And we'd say, “yes, it is" or "no, it isn't."

But as far as developing it or writing it, that
really wasn’t our responsibility. Our
responsibility was delivery.

BY MS, BOSCH:

Q. Now, as part of the initial training, did
you ever discuss with the dealers some of the
regulations that were in place in California or
in the United States at the time, pertaining to
service stations?

MR. PETTY: Vague and ambiguous;
overbroad.

THE WITNESS: fm -- I really can't
say any one area had -- specifically. IFOSHA
came out with something that related to a
service station, we would get the information
from 100 Bush Street, and we'd put it out.

BY MS. BOSCH:

Q. What do you mean by “we would put it
out"?

A. Tell the dealers about it.

Okay. And did you tell the dealers about

8 (Pages 29 to 32)

H. Jones 5/5/2014ODIKRARWHE

—___—
Page 37

specifically that said, Don't do it. It's just, a
We don't know. 2
BY MS. BOSCH: 3
Q. And is that the Aamco training and the 4
Hunter Engineering training that you spoke of 5
earlier on? 6
A. Yes. 7
Q. Okay. Do you remember when you went to 8
receive training from Aamco? 3
A. The year? No. 10
Q. Was it -- let me ask you this way: Was al
it when you were still a trainer on the West 12
Coast? 13
A. Yes. 14
Q. And was it towards the beginning, middle 15
or end of your tenure as a trainer on the West 16
Coast? 17
A. Probably the middle. 18
Q. And what was the reason for you going to 19
Aamco to receive training? 20
A. So that I could get the knowledge to be 21
able to write and develop a training program 22
that we could use and that I could train other 23
instructors in Shell on how to deliver this type 24

of technical training, and basically write the 25

Page 39

Q. Allright. De you remember when Shell
came out with Auto Care?
A. Probably sometime in the mid-"70s.
Q. And if Lunderstand correctly, Auto Care
was a program whereby Shell certified or enabled
the mechanics or the dealers -- let me strike
that and start again.

If] understand well, sir, Auto Care was
@ program whereby Shell enabled the dealers or
their mechanics to become certified in the
delivery of certain automotive services, and
then the dealers got a -- a plaque or something
they could put in their service station that
said Auto Care Mechanic?

MR. PETTY: Misstates prior
testimony; overbroad.
THE WITNESS: Yeah, Auto Care --

Auto Care was a -- not a franchise, but it was a
system whereby the -- the dealer agreed to
customer satisfaction. If the customer was not
satisfied, they agreed to outside arbitration of
any consumer disputes. So the test markets for
it were Jacksonville, Florida and Fresno,
California. That's where it started.

Page 3&8

training program for the other instructors so 1
that we were all putting out the same message. 2

Because at that time, the Auto Care 3
program was being developed and spreading across 4
the country. So it became necessary for Shell 5
retail instructors to become more technical, 6
have more technical knowledge. 7
Q. And that technical knowledge that you 8
refer to is mechanical training, right? 9

A. Yes. 10
MR. PETTY: Vague and ambiguous. 1L

THE WITNESS: For brakes, front end, 12
heating and air-conditioning and engine 13
performance, And those were the areas that an 14
Auto Care dealer had to provide, and they also 15
had to be ASE certified themselves or have ASE- 16
certified technicians performing the work. 17
BY MS. BOSCH: 18
Q. Let me -- let -- let's take a big step 19
back. You're giving me a lot of information, 20
which is great, sir, but we need to parse it out 21
just a little bit. 22
So Shell at some point came up with a 23
program called Auto Care, right? 24

Yes.

Aiken Welch Court Reporters

25 AL Yes.

Page 40],

Q. Okay. And then did it expand nationwide?
A. Yes.
Q. Now -- so Auto Care was about Shell
telling its customers, This dealership is
certified to provide these types of services,
and you should be getting quality service from
this dealership, right?
A. Yes.

MR. PETTY: Assumes facts.
BY MS. BOSCH:
Q. And as you indicated, if there is an
issue with the service, then, you know, we'll go
-- there's a dispute resolution program that's
part of the service?
A. Yes.
Q. Okay. Now, you indicated that the areas
in which -- is it -~ is it fair to say Auto Care
certification, is that -- if ] say, Did Shell
provide Auto Care certifications to the
mechanics? Does that make any sense, sir?
A. Yes.
Q. Okay. So did Shell -- so you indicated
Shell provided Auto Care certification in
brakes, right?

19 (Pages 37 to 40)
5/5/2014

H. Jonescollect the dust."
id the’

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Page 41 Page 43}
1 Q. And they provided Auto Care certification 1 dust collectors being OSHA compliant or in E
2 in front ends? 2 compliance with the OSHA regulations with :
3. A. Yes. 3 regards to asbestos? E
4  Q. And then you said heater and 4 DPDO

. Hd. McDermott?

No, 44:14

. D.H. Norman?
. D.H. Norman. D.H.?

D.H.
No.

41:14

No.

. Jay W. Pitman, Jr.

. I've heard the name.
. S.E. -- Killa --

. Killacuky (phonetic)?

Is it Kilkuky (phonetic)? It's spelled

K-i-l-Li-a-n-y, Jr.

A

Qa
(phonetic).

Oh. No.

Killiandy (phonetic), | guess, or Killany
11:15
MR. SHEPARDSON: Killiany.

BY MR. SATTERLEY:

a

Killiany, S.E. Killiany, Jr.? Do you

know?

Q.

POPOPOPOPOPD>

No. 1145

. R.E. Joiner -- Joinder -- Joiner?

No.

W.D. Erinson?
No.

B.E. Dunn Moore?
No.

R.F. Nelson?

No.

JF. Willer?

No.

Frank M. Parker?
No.
Where did that list come from?
I'll show you in a second.

11:15

14:15

MR. SATTERLEY: We'll mark this as Exhibit 11:45

66

{1}
(2)
{3}
(4)
(5)
(6)
7)
(8)
{3}
4 40}
GL)
(22)
(13)
(14)
(15)
(16)
(17)
(18)
(18)
(20)
(24)
(22)
(23)
(24)
(25)

ao
(2)
(3)
a)
, 8
6)
a
(8)
(9)
(40)
an
(12)
3)
(4)
(5)
(16)
an
8)
(3)
(20)
Quy
(22)
(23)
(24)
(25)

67

qi.

(Plaintiff's Exhibit 11 was marked

for identification.}

MR. SHEPARDSON: Is there a Bates number
on it? 4446

MR. SATTERLEY: It's got a Bates number at
the bottom. 2547.
BY MR. SATTERLEY:

Q. This is a Shell Of Company document that
Shell provided me dated February 3rd, 1976, and
if's got all these names on it | just read to you.
And its subject is "Asbestos survey of marketing

11:16

plant garages.
Do you see that on the right-hand side at
the top? TiS

A. I'm still reading. But, yeah, | see that.

Q. Go ahead and take your time and read it.

A. Yes. This has to do with our delivery
plants, not the service stations.

Q. So when it says "marketing plant garages," TT17
do you know where the marketing plant garages are
located?

A. Well, there's one in South City. There's
one in San Jose.

Oh, there was one in Sacramento.

Q. And when you're saying “delivery,” you're
talking about delivery vehicles that deliver --

A. Gasoline.

Q. Gasoline?

A — Tight. 14418

G. Would there also be delivery vehicles that
would deliver the tires?

A. Yes.

Q. So this decument -- first of all, you've
never seen this document before; correct?

A. No,

@. And information in the document about
asbestos surveying is news to you teday; correct?

A. Ihave not seen this document before.

MR. SHEPARDSON: Vague and ambiguous.
BY MR. SATTERLEY:

Q, Now that you had a chance to look at the
document and read the names on the documents, you
still don't know any of the people that's
referenced in the document; true?

A. True.

@ And so when it's referencing it was
decided that marketing plant garage would
perform -- performing brake and clutch repair work
on Shell-delivered vehicles must be surveyed for

44:18

41:18

41018

4118

Aiken Welch Court Reporters

W. Christensen

04/16/201418 (Pages 69 to 72)

69

asbestos.
Do you see that?

A. Yes.

Q. At no point in time in the mid-'70s, this
time period of this memo, do you ever recall there 11:18 |
being any surveying for asbestos at any of the 250 i
Shell stations that was part of your district? i

MR. SHEPARDSON: Objection. Vague and '
ambiguous. Lacks foundation. Asked and answered. |
THE WITNESS: I've never seen this memo 11:15
and i'm not aware of anything in marketing i
pertaining to asbestos.
BY MR. SATTERLEY:

Q. Soin the 1970s, if Shell Oil Company ,
would have provided you with information about the 11:1
need to survey for asbestos in stations, would you
pass that on to the territory managers?

A. If that were --

MR. SHEPARDSON: Lacks foundation. Calls
for speculation. Assumes facts not in evidence. 14:49
BY MR. SATTERLEY:

Q. Go ahead.

A. If that were needed, we'd certainly notify
everyone because there would be people coming in

Q. It says, "This decision was based on
preliminary data provided by Mr. S.E. Killiany" --
is that how you say it, Killiany?

MR, SHEPARDSON: | would pronounce it
Killiany. 11:20
BY MR. SATTERLEY:

Q. --“Killiany, Jr. from an asbestos survey
of similar activities at the San Jose, California
plant."

Do you see that? You read that?

A. Yeah.

Q@. And wouldn't -- do you know what's
referring to, the San Jose, California plant?

A. Yes. It was the San Jose, California
plant. 11:20

Q. What was done there?

A. It was a ~ delivered gasoline.

Q. Okay.

A. The barges would come in and they'd put

11:20

(1)
{2)
(3)
(4)
(5)
(6)
7)
(8)
(3)
(10)
qi)
(12)
(13)
4)
(15)
(16)
(17)
(18)
(19)
(20)
(21)

the gas in the plant, gasoline, and then they'd 11:20 (20)

bring it out to the dealer stations.

Q. It says, "In addition, recent legal
developments emphasize the need to review these
facilities in depth.”

Do you see that?

11:21

W1

A. Yes.

MR. SHEPARDSON: I'm going to object that
the dacument speaks for itself.
BY MR. SATTERLEY:

Q. Did anybody from Sheil in the mid-70s
share any information with you about any legal
developments as it relates to asbestos?

MR. SHEPARDSON: Lacks foundation. Calls
for speculation. Assumes facts.

THE WITNESS: | don't remember any.
BY MR. SATTERLEY:

Q. Do you know what a brake servicing course
is?

41:24

14:21

MR. SHEPARDSON: Objection. Overbroad.
Vague and ambiguous. 14:21

THE WITNESS: | guess it's a class on how
to do brake jobs.

MR. SHEPARDSON: Move to strike based on
speculation.
BY MR. SATTERLEY: 44:21

@. Let me show you what I'll mark as Exhibit

No. 11 as it bears the Bates number 39099 to
39101.

THE REPORTER: Counsel, ! think it might
be 12. The other one is 14 41:22

72

MR. SATTERLEY: [ apologize, you're right.
Ms. Langley keeps me under controi about exhibit
numbers. 12.

THE WITNESS: You get a bonus for that.
They paid me $15 to get here, so | know big money. 11:22
BY MR. SATTERLEY:

Q. You got the D -- let me just see the Bates
numbers there, | apologize, 39099.

Sir, would you ike some more water?

A, ifs gone already? Boy. 44:22

is itnoon yet? Make it wine?

MSR. SATTERLEY: It's happy hour somewhere.

THE WITNESS: Yeah.

THE REPORTER: Mr. Christensen, there you
go. 44:23

THE WITNESS: Oh. Thank you. Chris,
please.

Weil, this is a memo from Shell
Development, whoever they were, to --

MR, SHEPARDSON: I'm going to object that 11:23
there's no question pending.

THE WITNESS: Oh. Thought there was.

BY MR. SATTERLEY:
Q. Did you know who Shell Development Company
was? 44:23

Aiken Welch Court Reporters

W. Christensen

04/16/2014A. No.

Q. On the third page it's got a bunch of --
it's got a name, K, Tamaribushi.

A. Tamaribushi. Never heard of him.

Q. Never heard of that person? ' 41:24

A. Or him or her. |

And then it's got carbon copy Shell
Development Company health, safety environment
manager.

Do you know who in that time frame was a 11:24
heaith, safety environment manager?

A. No.

Q. And also Oil Safety Council.

Do you know what an Oil Safety Council is?

A. No idea. 44:24

Q. It's got obviously a bunch of -- it's BC,

a bunch of initials. | take it that none of those
initials are your initials?

A. No. The marketing department is totally
separate from other departments like Sheil 14:24
Chemical, Shell Development, whatever, so there's
not normally a discourse between them.

Q@. And that was going to be my question. It
was this type of information from Shell

ihe marketing department for Shell would not
receive this type of information?
A. No.
MR. SHEPARDSON: Lacks foundation. Calls

for speculation. Assumes facts. And it's 11:25
overbroad.
BY MR. SATTERLEY:

Q. Is that accurate, sir? You would not be
receiving this type of information?

A. From these people?

Q. Sure.

A. No. If they contacted --

Q. Go ahead.

A. -- marketing people, it would drift down,
but if they didn't contact marketing people, it
would not.

Q. It says in the subject line, "Compliance
with interim procedures recommended by
NIOSH to" -- | can't read that next word,
“asbestos dust exposure during brake servicing.”

Do you see that?

A. What's that, under "subject"?

Q. Under "subject." "Compliance with interim
procedures recommended by NIOSH to" ~ | think
it's... 11:25

11:25

41:25,

44:4

19 (Pages 73 to 76)
75
| (4) MR. SHEPARDSON: “Minimize.”
| (2) BY MR. SATTERLEY:
{3) Q. -- “minimize asbestos dust exposure during
(4) brake servicing."
{5} A, And the question was? Do!see that? 11:25
(6} Q. Do you see that?
(73 A. Yes.
{8} Q. In the 1970s at any point in time, did
(9} Shell provide you, as sales manager for this
{10} San Francisco area, district, this type of 41:26
{11} information?
{22} MR. SHEPARDSON: Lacks foundation. Cails
{13} for speculation. Overbroad.
(14) THE WITNESS: If I did receive this memo,
{15} I would immediately put something together to let 11:26
{16} the businessmen who worked in our stations,
{17} — individuat businessmen, know about this.
{18} BY MR, SATTERLEY:
(19) Q. Sure.
(20) MR. SHEPARDSON: Move to strike based -- 11:26
(21) as nonresponsive.
{22} BY MR. SATTERLEY:
(23) Q. But, as you sift here today, you have no

memory of Shell providing this type of information

te you in the 19 -- mid 1970s? 44:26
76
{1} A. No.
{2} MR. SHEPARDSON: Same objections.
(3) BY MR, SATTERLEY:
{4} Q. if-- It refers fo -- and where | got the
{5} term “brake servicing course," it's in the second 11:27
{6} paragraph, it says, "Basically, the only occasion
{7} when asbestos dust created by brake linings may be
{8} present in the WRC garage is during the
{9} presentation of our,” quote, “brake servicing
{10} course, and any time wheels are removed from 41:27
{11} vehicles for maintenance purposes."
{42} Do you see that?
(13) A. Isee that, yes.
(14} Q. Does that in any way refresh your
{15} recollection about a brake servicing course 49:27
(16} offered by Shell?
{17} MR. SHEPARDSON: Lacks foundation. Calls
{18} for speculation.
(19) THE WITNESS: | don't know what the brake
5 {20} servicing course was. 1:27
{21} BY MS. ABRAMS:
{22} Q. So, at no point in time in the '70s,
(23} did -- as far as you know, did any of the
(24} operators of these 250 stations receive any brake
{25} servicing instruction from Shell? 41:27

Aiken Welch Court Reporters

W. Christensen 04/16/201420 (Pages 77 to BO)

77;

MR. SHEPARDSON: Lacks foundation. Calis
for speculation.

THE WITNESS: Not that | know of.

BY MR. SATTERLEY:

Q. On down, it talks about some techniques
that Shell proposes to use during brake servicing
to comply with recommended internal procedures
described by NIOSH.

And I'm going to go through some of those
with you. The first one says, "A warning sign
will be placed near the entrance of designated
brake servicing areas stating," and then it's got
some information underneath it about the hazards
of asbestos.

Stick with me on the first page, sir.

A. Okay.

Q. Down at the bottom there.

My first question to you is: Did you ever
observe warning signs about the hazards of
asbestos that had this type of information on it
in the 1970s at any of the service stations that
you were the —

A. No.

Q. -- manager in your district?

A. No, t didn't.

i
11:28

11:28)
41:28
11:28

11:29

Q. The next item is No. 2, "NIOSH-approved
air purifying respirators to be worn during brake
service."

Did you ever in the '70s, and I'm cutting
it off in 1980, did you ever see anybody in any of 11:29
the 250 stations that were Shell stations wearing
air-supplied respirators prior to 19807

MR. SHEPARDSON: I'm going to object to
the preamble to the question to the extent that it
uses the document. 11:29

Go ahead.

THE WITNESS: { don't recollect any.
BY MR. SATTERLEY:

Q. Do you know what an air-supplied
respirator is? 44:29

A. Not really.

Q. Earlier you said sometime later, and you
couldn't pinpoint a date, sometime later there was
amask.

Are you talking about those little white 11:30
masks?

A. Pretly much, yeah. | don't know if they
had respirators with them, but | noticed them
starting to wear the masks.

Q. The little paper masks that went over the 11:30

79
{1} nose and the mouth, sort of...
{2} A. Yes.
{3} Q. Did you ever see any respirators at any
{4} point in your career, not -- even past 1980, where
(5) there would be a supply of air that would go 11:30
{6} into -- that covered the face?
(7) A. i don't remember any. But you have to
{8} remember that we had no contro! over our dealers.
{9} They're independent businessmen and women and we
(10} were not required to get into their business to 11:30
(11) tell them all these various things that could
(12) happen.
(13) MR. SATTERLEY: Move to strike as
(14) nonresponsive.
(15) BY MR. SATTERLEY: 41:30
(16) Q. Sir, did you ever — do you have any
(17) evidence at all that Shell, when providing
(18} training to men that were going to operate a Shell
(13) station —
(20} A. Or women. 14:31
(21) @. -- or women, anything about the dangers of
(22) asbestos?
(23) MIR. SHEPARDSON: Lacks foundation.
(24) Calis --
(25) BY MR. SATTERLEY: 14:31
80
(1) @ In the 1970s.
(2) MR. SHEPARDSON: Lacks foundation. Calls
(3) fer speculation.
(4) THE WITNESS: | don't recollect any.
(5) MR. SHEPARDSON: Overbroad. 14:34
(6) BY MR. SATTERLEY:
(7) Q. Did --
(8) MR. SHEPARDSON: And assumes facts.
(9) BY MR. SATTERLEY:
(10) @. Were individuals that you saw that went 11:31
(11) through the Shell training course generally fairly
(12) young men and women?
(13) MR. SHEPARDSON: Objection. Vague and
(14) ambiguous as to “Sheil training course."
(15) ‘THE WITNESS: | think there were men and 11:31
(16) women of any age.
(17) BY MR. SATTERLEY:
(28) @. When you went through it, you were in your
(13) — early twenties; right?
(20) A. Yes. 41:31
(21) Q. Okay. And would there —- many, many folks
(22) that were going through the training course, that
(23) this was the first gas station that they would be
(24) running?
(28) MR. SHEPARDSON: Lacks foundation. Calls 11:32

Aiken Welch Court Reporters

W. Christensen 04/16/201421 (Pages 81 to 84)

Bi 83
(1) for speculation. (1) Lacks foundation.
(2) THE WITNESS: No. Many of them had other {2) THE WITNESS: I'm curious. { put outa
(3) _ stations. (3) fact and you say, “not” -- whatever you said.
(4) BY MR. SATTERLEY: (4) BY MR. SATTERLEY:
(8) Q. Do you know how many? Ofthe 250 that 11:32 (8) Q. I's the same as an objection like they 11:34
(6) you-- (6) do.
(7) A. No, I don't (7) A. But it’s stiff on the record?
(8) Q. -- that was in your district? (8) Q. ifs on the record —-
(9) A. Itwas very common for existing dealers to (35 A. Oh.
(10) have other stations or that would be Shell 44:32 (10) Q. --so the Court can address itiater. 9 11:34
(11) dealers -- or Chevron or whatever, would have a (11) A. Okay.
(12) Chevron and a Shell. So it was not uncommon that {12) Q. So my question is, you don't have any ea
(13) they would be in more than one service station. {13} evidence that Shell put out any jetters to any of
(14) Q. With regards to training in the 1970s {14} their station operators about the dangers of
(15) about asbestos, you did not make an independent 11:33 {15} asbestos? 44:34
(16) decision that, hey, we're not going to train these (16) MR. SHEPARDSON: Assumes facts.
(17) operators about asbestos because they're {17} BY MR. SATTERLEY:
(18) independent, did you? (18) Q. Right?
(19) MR. SHEPARDSON: Lacks foundation. Calls (19) A. | don't remember any.
(20) for speculation. Assumes facts. 11:33 (203 @. Let's keep going through this list. 11:34
(21) THE WITNESS: | did not, (213 The third item says, “Dust will be removed
(22) BY MR. SATTERLEY: {22} from the brake assemblies using an industrial-type
(23) Q. | mean, if there was something that was {23} garage vacuum cleaner until OSHA-approved vacuum
(24) dangerous as relates to the Shell station, you {24} cleaners become available.“
(25) {25}
82 84
(1) want to convey that on to the operators; correct? (1) was in your district, do you recall there being
(2) MR. SHEPARDSON: Incomplete hypothetical. (2} — industrial-type vacuum cleaners to be used around
(3) Vague and ambiguous. (3) brake assembiies?
(4) THE WITNESS: | would. {4} MR. SHEPARDSON: I'm going to object to
(5) BY MR. SATTERLEY: 11:33 {5} the preamble of the question as it states the 44:35
(6) Q. And, in fact -- {6} contents of the document.
(7) A. Would have. {7} THE WITNESS: 1 don't know what an
(8) Q. -- you would have. {8} industrial strength or whatever vacuum cleaner is.
(9) And you would instruct your territory {9} BY MR. SATTERLEY:
(10) managers to convey that information as well; true? 11:33} (16) Q. Did you ever see in any -- in the ‘70s any 11:35
(ii) MR. SHEPARDSON: Same objections. {11} vacuum cleaners that were being used in any
(12) THE WITNESS: We would probably do more (1Z} stations around brake assemblies?
(13) than just notify our territory managers. {13} MR. SHEPARDSON: Lacks foundation. Calls
(14) BYMR. SATTERLEY: (14) for speculation.
(15) Q. What do you mean by that? 41:33 {15} THE WITNESS: Most stations hada vacuum 11:35
(16) A. We may have sent out a letter to every (16) barrel you get at Sears -- picks up dust.
(17) single dealer we had that brake dust has -- could (173 {Reporter clarification.)
(18) have asbestos in it and they should be aware of (18) MR. SHEPARDSON: | think he said “like at
(19) this. (19) Sears, it picks up dust.”
(20) MR. SATTERLEY: Move to strike as 14:34 (20) THE WITNESS: Yeah. 436
(21) nonresponsive. (21} BY MR. SATTERLEY:
(22) BY MR. SATTERLEY: (22} GQ. Was that a -- the vacuum — the vacuum
(23) Q. Sir, you don't have any evidence of that, {23} your're referring to, is that something that Shell
(24) do you? (24) offered for its siations?
(25) MR. SHEPARDSON: Vague and ambiguous. 14:84 ( 25) A, No. It was equipment owned by the 41:36

Aiken Welch Court Reporters

W. Christensen

04/16/201422 (Pages 85 to 88)

85)

individual businessperson.

Q. Do you know whether -- do you know which
stations had, if any, industrial-type vac —
garage vacuum cleaners for brake assemblies?

MR. SHEPARDSON: Lacks foundation. Calls 11:
for speculation. Overbroad. Vague.
THE WITNESS: | don't know what that type
of vacuum cleaner is, but | have no recollection
that anybody had a special vacuum.
BY MR. SATTERLEY: 11:36

Q. It says, No. 4, AMMCO model 8925 dust
collection system.

Do you know what that is?

A. No.

Q. I guess you can't provide testimony, then, 11:36
that any of the 250 stations had an AMMCO mode!
8925 dust collection system in place?

A. Correct.

MR. SHEPARDSON: Lacks foundation. Calls
for speculation. Overbroad. Vague. 11:37
BY MR. SATTERLEY:

Q. Number 5 says, "The floor and all
equipment in the brake serving area will be
cleaned with an industrial-type garage vacuum
Ws

86

Once again, Shell never had, as far as you
know, a policy that required its operators of
these 250 stations to have an industrial-type
garage vacuum cleaner for --

A. Not that | recollect. 41:37

MR. SHEPARDSON: Object to the preamble of
the question as misstating the contents of the
document. Objection. Vague, overbroad. Vague
and ambiguous. And lacks foundation.

BY MR. SATTERLEY: 11:37

Q. It says at the last sentence in paragraph
5, “Respirators will be worn during the cleaning
of the area."

Did you ever see in the 1970s when
individuals were sweeping or cleaning the Shell
station them wearing respirators?

MR. SHEPARDSON: Objection. Lacks
foundation. Calls for speculation. Assumes
facts. Object to the use of the document preamble
included in the question. 11:38

THE WITNESS: | don't recollect any.

BY MR. SATTERLEY:
Q. In the 1970s, do you ever recall the
collection of dust in these bags and the vacuum

11:38

fe

Q)
(2)
(3)
(4)
(5)
{6}
{7}
{8}
{9}
(10)
{1d}
(12)
(13)
(14
{15}
{16}
{17}
{18}
{19}
{20}
(21)
{22}
{23}
(24)
{25}

cleaner bags sealed in a plastic bag for disposal? 11:48 (25)

87

MR. SHEPARDSON: Objection. Lacks

foundation.
BY MR. SATTERLEY:
Q. Atany of the 250 stations?

MR. SHEPARDSGN: Lacks foundation. Calls 11:38
for speculation. Assumes facts. Object to the
use of the document. Aiso misstates his prior
testimony.

BY MR. SATTERLEY:
Q. Go ahead, sir.
A, i'm not aware of any.
@. Number 7, "Shop coats will be worn during

all brake servicing procedures."

Do you know what a shop coat is?

A Yes. 14:39
MR. SHEPARDSON: Object --
THE WITNESS: I'm sorry.
BY MR. SATTERLEY:
Q. What is a shop coat?

MR. SHEPARDSON: | object to the use of 11:39
the document again. Vague, ambiguous, overbroad.
BY MR. SATTERLEY:

Q. What's a shop coat?
A. I'm only guessing, but it's a full length,
like a trench coal, it would go to your knees.

11:38

14:39

Q. | don't want you to guess, so if you don't
know, you know, just tell me you dan't know.

Deo you know what a shop coat is?

A. No,

@. Did you ever see anybody in any ofthese 11:39
250 stations, Shell stations, in your territory,
wearing coats from the shoulders ali the way down
to their feet when they're --

A. Yes. | saw some.

Q. -- when they're doing brake work? 44:39

MR. SHEPARDSON: Lacks foundation. Calls
for speculation. Assumes facts.

THE WITNESS: I've seen shop coats that
you described being used. | don't know if it was
during brake service or not. 14:40
BY MR. SATTERLEY:

@ Do you know what year that occurred? Was
that in the '70s, the ‘60s, the ‘90s?
A. Well, that's my recollection.

Q. All three of those decades? 11:40

A. Yeah.

@. And what do you specifically recall about
shop coats?

A. That they allowed to keep their uniforms

clean, so they wore a shop coat and then took it 11:40

Aiken Welch Court Reporters

W. Christensen

04/16/201429 (Pages 113 to 116)

113;

i
MR. SHEPARDSON: Lacks foundation. Calis |
for speculation. Overbroad. Vague and ambiguous. :

THE WITNESS: They had a Shell pecten on
the corner, wherever, and they had a sign on the
building that said "Service is Our Business." But 42:25
that's about it. Shell put it there. Or maybe a
sign that said "Shell," not the (indicating)...
BY MR. SATTERLEY:

Q. Shell did not allow a certain type of work
to be performed in a Shell service station;
correct?

A. | don't know of that.

Q. Like rebuilding of engines, Was that
something that was permitted by Shell in their
stations? 12:26 |

A. | don't remember if it was or it wasn't.

Q. Rebuilding of transmission was something |
that wasn't allowed either, correct?

A. [don't know.

Q. How frequently did Shell send 12:26
representatives to a station to ensure the station
was kept in a clean and orderly fashion?

A. Once or twice a month was the average, |
think.

Q@. And was that a Shell requirement that

12:26 |

somebody, maybe a territory manager or somebody

like you go once or twice -- was that a Sheil

requirement? {
A. Nota requirement. But... |

Q. A policy? 12:27
A. But, to do your job, you had to be there
once or twice a month.

MR. SATTERLEY: Exhibit 14. | think this
is the last document I'm going to ask you about.
{Plaintiff's Exhibit 14 was marked 12:27
for Identification.)
BY MR. SATTERLEY:
Q. Shell provided me this. If | could get
the Bates number at the bottom. | apologize. |

handed it to you. It has NOR 32147. 12:27
A. Is that a question?
Q. | was telling so that the attorney could
get to that page.
MR. SHEPARDSON: | appreciate it.
BY MR. SATTERLEY: 12:27

Q. This is dated -- are you with me yet?
MR. SHEPARDSON: No. But | know what it
is. Go ahead. Thank you.
BY MR. SATTERLEY:
Q. This is August 19, 1975, employee --

12:28

115

Employment Safety and Health Guide. Shell,
provided this to us a few weeks ago.

And there's a section called “NIOSH issued
warning on brake lining service asbestos
exposure,” 12:28

Do you see that?

A. Yes.

Q. And [ take it back in this time frame in
1975, Shell did not provide this information to
you; correct? 12:28

A, | have no recollection either way. Get a
lot of mail.

Q. I'm sorry? You get a lot of mall?

A. Yeah. There's a {ot of paper that passes
through and | don't recollect either way, whether 12:28
i got this or not.

Q. itsays, "NIOSH --" I think | highlighted
a partion on the first page. If you could...

A. Ub-huh.

@ Ifyou could read the part so everybody -- 12:29
I didn’t get copies for everybody, so just the
part I've highlighted there.

A. Okay.

MR. SHEPARDSON: I'm going to object that
the document speaks for itself. Lacks foundation. 12:29

116
Calis for speculation.
Go ahead.
BY MR. SATTERLEY:
@. Go ahead.
A. "Previous studies of asbestos emissions 12:29

from automobile brake lining wear showed that only
a small fraction of the original asbestos content
was found in the brake drum dust. However,
present findings indicate that enough asbestos is
preserved to produce significant exposures during 12:29
certain brake servicing procedures."
@ Inthe mid-'70s, from ‘74 to 1980, do you
have any -- do you recall anybody ever telling you
that?
MR. SHEPARDSON: Lacks foundation. Cails 12:29
for speculation. Asked and answered.
THE WITNESS: I have no recollection.
BY MR. SATTERLEY:
. Down, -- the next section, it says, "Four
cancer cases discovered.“ 12:30
Deo you see that section?
A. Yes.
@. Itsaid, “The full extent of
asbestos-related disease in brake servicing

personnel is not presently known because this 12:30

Aiken Welch Court Reporters

W, Christensen

04/16/201441 (Pages 161 to 164)

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161

maintain its property in a dangerous condition.
During the times that you saw Harold
Koepke, did you ever see any dangerous condition
at his -- at his Shell station?
MR. SHEPARDSON: I'm going to object to