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Kazan, McClain, Satterley & Greenwood
A Professional Law Corporation
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Jack London Market
www. kavaniaw.com
Fax:
Joseph D. Satterley, Esq. (C.S.B. #286890)
Ted W. Pelletier, Esq, (C.S.B. #172938)
Michael T. Stewart, Esq. (C.S.B. #253851)
mstewart@kazanlaw.com
KAZAN, McCLAIN, SATTERLEY & GREENWOOD
A Professional Law Corporation
Jack London Market
55 Harrison Street, Suite 400
Oakland, California 94607
Telephone: (510) 302-1000
Facsimile: (510) 835-4913
Attorneys for Plaintiffs
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
MAY 21 2014
Clerk of the Court
BY: ROMY RISK
Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
HAROLD KOEPKE and NANCY KARIDIS-
KOEPKE,
Plaintiffs,
v.
FORD MOTOR COMPANY, et al.,
Defendants.
Case No. CGC-13-276217
EXHIBITS 11 AND 12 TO
DECLARATION OF MICHAEL T.
STEWART IN OPPOSITION TO
DEFENDANT KELSEY-HAYES
COMPANY'S MOTION FOR SUMMARY
JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY
ADJUDICATION
Date: May 28, 2014
Time: 9:30 a.m.
Dept.: 503 (Hon. Teri L. Jackson)
Case Filed: December 3, 2013
Trial Date: June 16, 2014
Attached are Exhibits 11 and 12 to the Declaration of Michael T. Stewart in Opposition to
Defendant Kelsey-Hayes Company’s Motion for Summary Judgment or, in the Alternative,
Summary Adjudication.
Exhibits 11 and 12 to Declaration of Michael T. Stewart in Opposition to Defendant Kelsey-Hayes Company’s MSJ/AExhibit 11bt GEN.
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR KITSAP COUNTY _
JAMES A. MARTIN. and RUBY V. MARTIN,
husband and wife, }
Plaintiffs, } a
vs. } No. 89-2-02462-6
FIBREBOARD CORPORATION, et al., }
Defendants: }
TELEPHONE DEPOSITION UPON ORAL EXAMINATION OF
DONALD R. VARBLOW
April 12, 1999
3:15 p.m
500 Central Building
Seattle, Washington
a. Kay Corbett, Court Reporter
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339
EXHIBITWITNESS: DONALD R. VARELOW, 4/12/90
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INDEX oF EXAMINATION
Examination
Rée-
No.
By Ms. Houser ---~--7-- 2s n tee et ges sos stn 3
By Mr. Hart
Examination
By MS. HOUS@Y ~~ een mene rn enn nen nnn nen nnn san 54
INDEX OF EXHIBITS
So enti en eng
Description Marked Identified
{No exhibits were marked.j
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/30
APPEARANCES
For the Plaintiff:
For the Defendant:
Kelsey~Hayes Company:
For the Defendant
Center for Claims
Resolution:
For the Defendant
owens-Carning
Fibreglas, Inc.:
KRIS HOUSER
Attorney at Law
500 Central Building
810 Third Avenue
Seattle, WA 98104
ARTHUR R. HART
Attorney at Law
1601 Fifth Avenue, Suite 2200
Seattle, WA 98101
JANET RH. McLEAN
Legal Assistant
2101 One Union Square
600 University Street
Seattle, WA 98101
PATRICK J. MULLEN
Attorney at Law
800 Puget Sound Plaza
1325 Fourth Avenue
Seattle; WA 98101
kee ARR RRR
DONALD R. VARBLOW,
being first duly sworn by the
Notary Public, appeared and
testified as follows:
EXAMINATION
BY MS. HOUSER:
Q.
Were you present at all of the prior deposition of Mr.
Soltis, Mr. Varblow?
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339
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reakWITNESS: DONALD R. VARBLOW, 4/12/90
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plant manager, an@ in 1972 became plant manager.
In 1984 to 1985 I was pliant manager of Cast Forge |
Company, which is a wholly owned subsidiary of
Kelsey-Hayes.
How do you spell that?
Cra-s-t F-o-r-g-e.
And what. were the years on that?
1984, 1985. In 1985 and 1986 I was plant manager of
Kelsey-Hayes aluminium wheel plant in Mariette,
Michigan.
And. from 1986 until the present, I’m director of
manufacturing for Kelsey-Hayes International.
Director of manufacturing, okay. And what is your
educational background?
I have a bachelor of science degree. from Michigan State
University in chemistry and metallurgy, and I have an
MDA from Michigan State University, which I received in
1973.
Let me start with your first position in 1956 as
laboratory superintendent for the chemical and
metallurgical lab. What did that involve? What were
your duties there?
fhe duties were to perform tests on incoming material
into the Jackson plant, beth for the automotive
operations and for the aerospace operations that we had
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83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90
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there at that time. We would do the chemical and
metallurgical analysis of the metals, materials, rubber
components, and so on. ,
And why were you doing these tests?
To assure that the material/ that we purchased met the
specifications that we bought them against.
Would this include brake linings? Oid they come
through your lab?
Yes.
And did you run tests on those?
We ran physical tests. We ran hardness tests, specific
gravity tests.
To find out how durable they were essentially?
To find out if they met the specifications on the
drawings.
Were you familiar with the ingredients of the brake
linings at that time? :
Yes.
What were they?
Asbestos, various resins, metallic particles, rubber
particles. And the asbestos that was used in the
lining material was chrystolite [phonetic]. No --
chrystoe -- I can’t say it. chrysotile.
If Mr. Hart is telling the witness what the component
was, I would appreciate it if you would put that on the
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WITNESS: DONALD R. VARBLOW, 4/12/90
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record.
He didn’t tell me that. I’ve known that for many, many
years.
How da you know that?
From the literature that we had available at the times
that we would be looking at on these. products.
Who was the literature from? :
The literature was in technical bulietins and in our
chemistry handbooks, in seme of the literature that we
would be dealing with from the vendors, and in
discussions with the vendors ~
What portion of the makeup of brake linings was the
asbestos while asbestos was an ingredient?
We did not do a chemical analysis per se. We only
performed the. physical tests as I described.
Based on. the testing that your laboratory did, do you
have an understanding of approximately what percentage
asbestos is?
It would probably vary from compound to compound, but
it would be somewhere in the area of fifty percent by
volume, I think would be an approximation.
Would it be less by weight? How much would it be by
weight?
I don’t know.
When you say that there were technical bulletins and
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83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90
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chemical handbooks that talked about the asbestos
content of the brake linings, were they speaking
generically of what tended to be used by the industry.
in making brake linings?
‘That is correct.
And then do you remember what specific vendors, if you
recall, talked about the type of asbestos that was used
in the brake linings? ,
No, I couldn’t -- I can’t answer that.
pid you talk on a regular basis with the brake lining
manufacturers about the performance of their brake
linings and changes that might need to be made?
Not to any great degree at that time, no.
About how often would you talk when, for. example, you
were in this laboratery? Let‘’s talk about the period
from 1956 to ‘62. How often would you talk to the
brake lining manufacturers about what they were
supplying to Kelsey-Hayes?
The only time we would talk to the manufacturers‘
representatives would be when there would he a
different material presented for a brake assembly that
would be a change in the lining material.
How frequent an occurrence was this, if you can
estimate?
It would vary. It might be once every two years. You
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WITNESS: DONALD R. VARBLOW, 4/12/90
know, they might change on that kind of a basis.
Did you ever hear in the period 1956 to ‘62 of brake
lining manufacturers considering or actually trying
different ingredients instead of the asbestos. component
of brake linings?
I did not; no. During that time period, no.
Did anyone from the brake lining manufacturers ever
mention anything to you, or did you hear that they
mentioned to anyone else at Keisey~Hayes, that there
might be an occupational hazard created by the use of
asbestos?
During that time period, no.
And just to confirm what I believe you said earlier,
you at that laboratory, you and your co-workers and .
subordinates, never tested brake linings, or any of the
other products that you were working for, for their
toxicity; is that correct?
That is correct.
You talked about technical journals or scientific
bulletins or whatever that you referred to. What were
your reference works at the laboratory, if you can
recall? What kinds of journals or texts did you have?
Well, I guess I can’t answer specifically, but we had
several volumes that detailed analyses of various
compounds. We had the chemistry handbooks. We had the
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WITNESS: DONALD R. VARBLOW, 4/12/90
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SAE books.
What are SAE books?
The Society of Automotive Engineering.
Okay.
And we also had the ASTM standards.
ASTM standards for what?
The ASTM standards spell out the test procedures to be
used for various analyses in various products.
Okay. Did you have all of the ASTM standards, do you
think, in materials that you had there?
I’m not sure what you mean. Did we have --
They cover a lot of different things, a lot of
different subjects. And what you’re talking about, as
Younderstand it, is sort of standards, like how to test
for performance of certain materials.
There are also tests that ASTM, as I understand
it, prescribes for toxicity of materials or for dust
levels and things like that. Do you know if your ASTM
manuals contained that kind of information, or would
you not be sure?
As I recall, I believe we had basically the complete
set of ASTM books that would be available.
What other references did you have to work with at that
laboratory?
Those are the basic ones.
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Okay. I wanted to ask you before we go into some of
your other employment at Kelsey-Hayes, some questions,
if you.know, about the size of the company.
can you give us an idea when you came to the
company in 1956 how big it was, either in terms cof
gross sales or number of employees or both, if you
know?
I don’t really know.
How many plants did it have?
In 1956?
Yes.
I‘m estimating between eight and -- seven and ten.
At the time you worked in Jackson first, in ‘56 to ‘62
~- do I have that right? |
I. was in Jackson until 1984. I’m sorry, until -~ yeah,
1984.
At the time you first started there, do you have any
idea how many employees worked at that Jackson plant?
Approximately twelve hundred.
And over the years, how did that change, if at. all?
Up until the present?
Yes,
It grew to. roughly seventeen hundred, and currently ~~
and this is an estimate because I’m not that. close to
it right now, but I believe they have around three
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339he
WITNESS: DONALD R, VARBLOW, 4/12/90
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hundred and fifty employees there today.
I imagine that it’s growth pattern can- be charted
relative to the auto industries, what’s happening in
the auto industry. Is that kind of what happens?
Well, we also at the time I started there, we also had
an aerospace division which is no longer there, and
that reduced the employment quite a bit.
I see, When was it seventeen hundred employees
approximately?
It would have been approximately 1962, in that time
period.
And do you have any idea of gross sales of that Jackson
plant, for example, when you started there? Or the
profits, however you would measure the --
I'm sorry, I didn’t hear the last part of that.
Either gross sales or the profits, however you would
measure the sort of economic =~
No, I have no idea.
Who would know that?
From that time period?
Yes.
I don’t know.
Is there a point at which you start having an awareness
of what the profitability or gross sales of the Jackson
plant was?
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: . DONALD R. VARBLOW, 4/12/90
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MR. HART: Counsel, I will interpose an
objection te this entire line of questioning, which
is not indicated on the 30b (6) notice that we
received.
MS. HOUSER: I’m just trying to get a
notion of how many of these products -- the size of
the manufacturing operation here. ‘Since it’s been
said at the earlier deposition we had today that
Kelsey-Hayes wasn't as big as some others, I want
to find out how big it was.
{By Ms. Houser] So you can go ahead and answer the
question, Mr. Varblow.
At the time I became plant manager, I had some
approximations of the volume that we had during time
period.
And was that 1972?
Yes.
And what approximately was the volume at that time?
I’m not sure I can give you the sales volume, but
during that time period we were running probably in the
area of 300,006 to 400,000 drum brakes per month, and
about 200,000 to 250,000 disc brakes per month.
I don’t remember dollar sales.
And did that change through the rest of the ‘70s? Did
that change appreciably, or did that hold pretty
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339A.
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WITNESS: DONALD R. VARBLOW, 4/12/96
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steady?
That volume would hold fairly steady up through the
‘70s, that’s correct.
Before your deposition, there was a deposition of Mr.
Soltis, who I asked a lot of questions of regarding who
supplied. brake linings to Kelsey-Hayes and who
Kelsey-Hayes distributed brakes, assembled, to -- which
manufacturers.
Do you have knowledge in that area? And if so, is
there anything you know that would supplement or revise
the testimony given by Mr.. Soltis?
No, I would agree with his testimony.
You have some general familiarity with it, and what he
sounded was consistent with your knowledge?
correct.
Do you have any more specific information than he did
about the distribution of Kelsey-Hayes’ products or the
suppliers of brake linings to Kelsey-Hayes?
MR. HART: I object to the form of the
question unless you're asking something specific.
MS. HOUSER: Well, I’m actually a little
conscious of the time here, so I was hoping to do
it in a kind of wrap-up style. We could break it
down further, if you‘’d like.
MR. HART. That’s all right. I’m ready
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‘70s, do you have any knowledge that is different or
more specific than what Mr. Soltis testified to?
No, I do not.
And what about from 1956 to ‘617 Do you know who the
suppliers of brake Linings were at that time?
Bendix and Raybestos would be the two that I would
think would be the ones at that time. period.
Let me ask: Do you think those were all the suppliers
during that time period, or would those be the biggest
and that’s the ones you’re best able to recall now?
Those would be the ones I can recall.
In. terms of who Kelsey-Hayes distributed its brakes to
during the period 1956 to -- no, let me start with the
period 1961 through the end of the 1970's -- 1979 that
Mr. Soltis testified to, Would you have any
information that is either different or more specific
than what Mr. Soltis gave us?
No, I do not.
Now, from the period 1956 to 1961, do you know who
the manufacturers were that Kelsey-Hayes supplied
brakes to?
The Ford Motor Company.
Exclusively?
To my knowledge, yes.
Was this for cars and light trucks?
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Cars and light trucks.
Anything else?
No.
How many people worked in this laboratory that you were
the supervisor for?
At one time we had about thirteen.
When you first came to Kelsey-Hayes, did it have a
doctor on staff that you know of?
There was a doctor that would come in, and I believe it
was two hours in the morning, every day.
And do you know who that doctor was?
I don't recall his name, no. They changed over the
time period, of course.
Right. And do you have an understanding of what the
duties were of that doctor?
Yes, He would give physical examinations to new
employees, and if there were any employees with any
injuries or any ailments or problems, he would diagnose
their problem or give them a physical.
We also had a full-time nurse.
And what were the duties of the nurse?
The nurse was also available to assist in any
emergencies in the plant from injuries, and also would
help in the area of physical examinations. But
primarily was staffed for any problems that would occur
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WITNESS: DONALD R. VARBLOW, 4/12/90
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during the day’s operations.
And were these people ~~ the nurse and part-time
doctor, were they at the Jackson plant?
Yes.
And did this continue pretty much up until 1984?
That is correct.
When you changed jobs, you became the superintendent of
the aluminium foundry at Jackson; is that correct?
Correct,
So from '62 to ’64 when you went to the-dise plant, did
you have any involvement with the manufacturer of
brakes by Kelsey-Hayes?
During the time I was in the aluminium foundry?
Yes.
No.
Okay. And then in 1964 you became the superintendent
of the disc plant at Jackson} is. that correct?
Correct.
What were your duties as superintendent ef that plant?
I was responsible for the implementation of the new
programs that came in the plant. At that point in time
we were starting up in the dise brake business, so we
were getting a lot of new equipment in. And it was ny
responsibility to see that the equipment was installed
and put into production and to run the operation.
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WITNESS: DONALD R. VARBLOW, 4/12/50
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Q. How frequently were you on the plant floor as part of
your duties?
A. Most of the time.
«(And so you. were in a position te observe the workers at
the plant and what they did with the brake linings when
they were assembling the brakes?
A. Correct.
Q. When you were in that plant, did you ever see dust
created?
A. Do you mean from the operations?
Q. Yes. :
A. Referring to operations concerning lining materials?
Q. Right.
A, We had dust collectors on all of our drilis and our
grinders.
Q. Why was that, do you know?
A. To prevent dust from entering the air in the plant.
Q. What was the concern about dust? And if that changed
over time, could you please specify that? In other
words, why were you having the dust removed from the
plant?
A. Well, we had always used dust collection equipment for
any operations that would -~- that involved dust or fine
particles to prevent any problems with respiratory
problems for our employees.
(
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Did you have occasion to use that library?
Yes.
What kinds of materials were contained there?
It was an engineering library.
Did it have then scientific journals relating to
engineering?
Correct.
Did it have any encyclopedias that you know of?
No, not that I’m aware of.
How about medical literature? Did you ever see any
medical literature of any kind there?
No, not specifically.
Did it have any industrial hygiene kinds of materials
that you know of?
I don’t know.
Was there an industrial hygienist employed by
Kelsey~Hayes at any time to your knowledge since you
started working there?
With that specific title?
Or with the duties of an industrial hygienist.
I’m not sure what the duties would be. We had nurses
on duty. Are you referring to that?
No, not exactly. I’m referring to someone who might
make it his or her concern to evaluate the industrial
environment and decide whether there were any hazards
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safely or positioned safely, or whether.it would be to
posed by anything in the environment, be it sort of
mechanical things where equipment was not operating
evaluate the exposure to various substances and
determine whether they presented any hazard to the
workers.
We had a safety director in our plant, :
When did that come into being? ,
When I started, there was a safety director on.duty at
the Jackson plant. 1956, on.
And he was there when you got there?
Yes.
Who was that when you got there?
His name was Joe Fiero.
Could you spell that, please?
F-i-e-r-o.
And do you know how long he had been there?
No, I don’t know for sure, no.
Did he ‘seem to have been there for a number of years
though before, or was he a more recent employee? bo
you know?
He had been there a number of years before I started.
Did he stay there the whole time, or was he replaced at
some point?
He was replaced by Mr. Robert Pinard.
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How do you spell that?
Pei-n-a-red,
And when was that approximately?
Sometime in the middie ‘70s probably, or early ‘70s.
And has he been there ever since, or is there anyone
else?
He’s not. there now, but I -- you know, I‘m not involved
with that plant now, so I don’t know whe is the safety
director today.
Was he there until you left the plant?
Yes.
What were the duties of the safety director?
To verify the safety of the equipment that we were
running, to make sure that the safety devices on cur
presses were operating and operable. To maintain
contrel of the -- he checked the materials that we
would be getting into the plant that we would use in
production,
He would conduct safety tours in the plant with a
committee that was a combination of salaried and union
personnel, and they would conduct. safety tours, write
up their results, and we -- as a plant manager, you
would see that the corrective action was taken.
It sounds to me like these were mechanical or equipment
related things. Did this safety director to your
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knowledge concern himself with air quality also?
Absolutely.
Can you describe what he did with regard to air
quality?
We started checking what the volume of our exhaust
equipment was with meters as part of his program. We
started a program of stirring the air in the plant, and
he also was responsible fer the hazardous materials,
such as solvents, the proper storage of solvents. The
notification of employees as to the potential hazards
of materials that were used in the plant -~- maintain
the files on the data sheets that were presented with
this material.
Is Mr. Pinard alive, do you know?
No, he is not.
Did he have any staff working with him, te your
knowledge?
Yes, Well, he worked through the personnel department.
Was there anyone he worked most closely with?
No, I wouldn’t say so,
And I’m assuming Mr. Fiero is also deceased; is that
right?
No, he’s not. He’s alive.
oh, he’s alive? :
Yes.
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Do you know where he lives?
Yes.
Where?
Jackson, Michigan.
Now, you talked about some of these things that they
did being started at certain points. you said that "we
started a program te monitor the volume the exhaust,"
and se forth. I’m wondering, when did the programs to
monitor air. quality start approximately, if you recall?
1972 or 1973.
What specifically were they looking for, do you: know?
The quantity of airborne contaminants. ,
And do you remember which contaminants were of most
concern?
At that time point in time, we were lcoking at the
asbestos situation. That would be the primary
function.
I want to obviously talk about that more, but I want to
wrap up one thing about the solvents and their storage
and that part of the safety program that you talked
about. Was that something that occurred pretty much
throughout the time that you have been employed by
Kelsey-Hayes?
“Yes, that data information was available and was
recognized as an important function of the safety
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what journals were subscribed to?
I would assume the personnel manager at the plants.
Now prior for 1972, you had dust collection equipment
in place. Did you, or to your knowledge did the safety
director express to you, or did you have any specific
concerns about specific airborne contaminants that
might be hazardous to people breathing them?
At what time period?
1956 to 1972.
I would say during that time period we were mostly
concerned with any airborne contaminants, not any
specific type.
In other words, just that the air not get too dusty.
That is correct. We wanted our operations ~-- anytime
we had drilling or grinding operations that collected
dust, we wanted to be sure that we were able to take
care of that material.
Did the grinding or drilling operations ever become so
dusty during the time you were at the Jackson plant
that you could see visible dust in the air?
No.
That was pretty much taken care of by the dust
collection equipment; is that right?
That’s correct,
In 1972 you said that there was an air monitoring
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90
31
program that was instigated in large part because of
concerns about asbestos. Can you tell me how that
came about? :
It came about partly through OSHA and the Michigan
occupational safety organization. The concerns were
becoming more publicized, and at that point in time, we
at the plants started some procedures to monitor the
environment.
When you say from OSHA, the concerns were coming from
OSHA and the Michigan Occupational Safety and Health
Agency, how were they conveyed to you? As requirements
er what? What happened?
Both by requirements and by seminars that were held and
study groups ~~ not study groups but. programs that were
presented by the State to better educate manufacturers
in this area.
And you yourself attended some of these seminars?
I attended one.
When was that?
1972.
When was your first awareness of the fact. that asbestos
‘could be hazardous to a user’s health?
About that same period.
And before that you had no idea that it was a dangerous
product?
VAN PELT & ASSOCIATES
83 .S. KING #604 * SEATTLE, WA 98104 * 682-9339A.
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WITNESS: DONALD R. VARBLOW, 4/12/90
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With any specifics, no.
Did you have any general sense? Did there start to be
some growing concern about asbestos?
There was starting to be some publicity published
during that time.
How far back? How far prior te 1972 were those
concerns starting te be publicized that you can recall?
I don’t know for sure. I can‘t recall the exact time
frame.
Would it have been as much as five years back or more
like one or two years before that?
One or two.
And did you do anything in response to reading the
publicity that was coming out that maybe there were
some problems connected with asbestes in, say, ‘70 or
171?
We started in 1972, the later part of 1972, early 1973.
We started a program of x-rays for all personnel that
was working in an environment that had asbestos. We
also had -~- these were annual x-rays. We started a
program of annual spirometry -- I guess that’s the
proper term.
ves, annual spirometry.
Annual spirometry during that same time f@riod. During
that same time period also, the Environmental
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-333924
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WITNESS: DONALD R. VARBLOW, 4/12/90
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33
Protection Agency instituted some pregrams for
reporting at the plant levels anyone that was working
with asbestos. There were certain reporting functions
that we had to perform to the EPA.
That all occurred during that time period.
And did Kelsey-Hayes comply with what was required?
Correct.
Did you ever have any compliance preblems brought to
your attention by any agency responsible for regulating
the use of asbestos?
I’m not sure I know what you. mean.
Did OSHA or the Michigan Occupational Safety and Health
Agency or EPA or whoever ever come. in and measure the
air or look at your dust equipment and suggest any
changes or tell that you weren‘t in compliance with
safety and health rules?
No.
Did they ever come in at all to your knowledge and
evaluate your safety program with regard to asbestos?
Yes, they did.
When was that?
They would come in on a periodic basis. It wouldn’t be
any given period, but it would be -- as I recall it
would be at least once -- probably once a year.
We also had to provide records of our air
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339A.
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WITNESS: DONALD R. VARBLOW, 4/12/90
: 34
monitoring, and we had an outside laboratory that did
all of the testing. And we had to maintain those
records for their inspection.
And do you have records of the air monitoring from 1972
to the present?
We do at the plant, yes.
To your knowledge did they ever exceed the limits set
by any agency responsible for regulating the use of
asbestos?
During my time there? Up until 1984?
Right.
No.
Okay. So aither for total dust or for asbestos in the
air, you didn’t ever have a compliance problem; is that
right?
correct.
I think it was Mr. Soltis who talked about warnings
being given or notices being given to plant employees
about the hazards of working around asbestos. Were. you
involved in that?
With Mr. Soltis, do you mean?
No. I mean were you responsible for, or did you
participate in, the decision to issue notices to plant
employees regarding the hazards of asbestos?
We instituted the testing programs and the x-rays, and,
__
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90
Q.
A.
A.
yes, I was involved in those procedures.
Was there sith a thing as a netice to employees to the
effect that: You are working with asbestos and it can
cause serious lung damage, or something to that effect?
I don’t know if there was specific notice to that
effect. I don’t recall.
So you don’t recail, right new anyway, any such notice
going to employees?
During that time peried -- do you mean up until 1984?
Right.
No, I’m not aware -- I’m not -~- I can’t recall any
specific notice.
De you know if employees were told why there was an
annual chest x-ray program?
Yes, absolutely. They were told exactly why we were
doing it. :
And were you there at meetings where they were told?
I was not in the meeting with every employee, but I was
in meetings when I was -- I was present at times when
employees were being told why they were having the
x-rays and why we were maintaining the recerds on that.
And do you remember what was said to employees at
that time?
Not specifically, ne.
Can you give me a general description?
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA $8104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90
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A.
Q.
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36
We are going to conduct -- we were going to be doing
atuiual x-rays. The first x-ray would be the base, and
we would monitor their health during -- through the
time period that they would be working in that
department.
And what was said about why you would be monitoring
their health?
For the potential problems of asbestosis.
Was asbestosis described or defined at those meetings?
It was described.
Do you recall how it was described?
Not specifically, no.
Can you give me --
That there was a potential for a lung disease.
And was it stated what the consequences of the lung
disease could be to the person’s health?
I don’t recall for sure.
Did you have pecple saying that asbestosis can cause
problems ranging from fairly minor breathing problems
up to death?
I recall at later periods, yes.
When would the later periods be?
The concerns of the <-- our feeling at the time, of
course, was that we were adequately protecting our
employees. And as far as the consequences of the
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-933924
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WITNESS: DONALD R. VARBLOW, 4/12/90
37
problems with asbestos, I would say as far as my
personal feelings were concerned, it would have been
probably a short time after that before I recognized or
that I was aware of the potential for -- of the fatal
potentials that were involved in some cases.
Shortly after 1972, is that what you mean?
No, no. As far as the fatalities that were concerned,
it would have been into the early ‘80s in my personal
observation.
Did you have a belief that because you were adequately
protecting employees that there was no need to alarm
them about the hazards of asbestos?
No, we were telling them of the hazards as we knew it.
And did you mention cancer in the discussions that you
were present at as a possible sequelia of asbestos
exposure during your meetings in the 1970s?
I can’t recall if the cancer was specifically
nighlighted at that time, but it was in later periods.
Yes, I was going to ask yous When did you first know
that asbestos could cause cancer?
When did I first know it?
Yes, if you can recall.
Sometime in the middle ‘70s probably. But again, we
were looking at the type of asbestos that was used in
lining material, and the studies indicated during that
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90
A.
Q.
A.
Q.
41
No.
Dr. Andrew Churg?
I’m sorry, what was the last name,
Churg, C-h-u-r-g?
No, I don’t recall.
A man name Barry -- Dr. Barry?
Specifically, no.
Dr. Warnock?
No,
Okay.
They might have been the authors of some of the
articles, but I don’t recall the names of the authors.
Sure, I understand that.
Were warnings to your knowledge ever put on
products manufactured by Kelsey-Hayes that included
asbestos on them?
Ever?
Ever.
You’re not just talking about up until 1984?
Right, ever to your knowledge?
MR. HART: Excuse me, Counsel, you're
saying a warning on the product itself?
{By Ms. Houser] Yes, on any part of a Kelsey~Hayes
product, warning of the dangers of asbestos.
I guess I want to -- are you talking about the
VAN PELT & ASSOCIATES
83S. KING #604 * SEATTLE, WA 98104 * 682~9339Q.
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WITNESS: DONALD R. VARBLOW, 4/12/90
42
packaging material or --
Either the packaging material or the product itself.
Well, I believe today there are warnings on the
packaging material.
Do you know when that went into effect?
No, but I would think or estimate the last six years --
five years or six years.
Do you know what they say?
I think it. says to the effect that it centains
asbestos, maybe, is hazardous, or something to that
effect. But it does say it contains asbestos.
Do you know what led to warnings being put on the
packaging material?
In some cases I believe it. was specified by the OFM.
They specify the shipping tags and the packaging
material, and I believe that it became a part of their
specifications.
I see, Were there any to your knowledge that were
initiated by Kelsey-Hayes itself?
I don’t know.
Is there somebody who would have more knowledge than
you’on this subject? :
Perhaps the personnel functions or the present managers
of the plants -~- present plant managers, I don’t know.
But I don’t know personaliy.
VAN PELT & ASSOCIATES
83S, KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90
43
Q. Do you know why the CEMs specified that the warnings be
put on?
A. No.
Q. Is it true that the reason there are warnings now is
because asbestos is used in some brake linings, even up
to the present?
A. Yes.
Q. Can you talk about that? In other words, do you know
what percentage of brakes manufactured by Kelsey-Hayes
still have brake linings that contain asbestos?
A. No, I do not.
Q. What about the process that was described earlier in
1972 of trying to phase asbestos out of brake linings?
Do you know how effective that was?
A. No. To my knowledge -- I’m not directiy at the plant
now -- but I believe that most of the linings being
used today are the semi-metallic linings.
Q. And did that start sometimes in the early to mid ‘79s,
that changeover?
A. As I recall, the first semi-metallics started to come
into the specifications in the latter part of the ‘70s.
Q. And these are specifications by the OEMs, by the
manufacturers of the vehicles that you were supplying
to, in other words?
A. That is correct.
ea
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90
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44
And is that essentially what motivated the change in
the content of the brake linings, as far as you know?
That. the OEMs were specifying different contents?
Yes.
Do you knew if there’s anybody in Kelsey-Hayes who knew
prior to, say, the ‘70 ta 472 period when roughly you
first started reading about it, that asbestos could
pose a hazard?
I don’t know.
Earlier I talked with the other witness about workers’
compensation claims, and Mr. Hart read a certain
summary into the record. Are you familiar at all with
those claims?
Personally, no.
How did you first learn about them?
I am familiar with the. fact that when we were looking
at the situation that there were three workmen‘s comp
claims, but I was not personally involved in them.
When were you looking at that situation?
I’m sorry?
When were you looking at that situation of workers’
comp claims?
Today.
Oh, just today, okay. And prior to that, you had not
been aware of them?
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA $8104 * 682-933910
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WITNESS: DONALD R. VARBLOW, 4/12/50
A.
No, I was aware indirectly of one.
Which one was that?
The Paul Haney case.
And how were you aware of that?
Because I happen to know him at the time that I was at
the plant.
Do you know what happened to his claim?
I do not know.
You don’t know if he ever got benefits?
I don’t know.
Do you know how seriously ill he was?
He died.
And it was alleged that the death was related to dust
disease, as he asserted in his claim?
He had been a coal miner in West Virginia.
Do you know what he died of?
No, I do not.
And. you never heard talk about with what he died of?
Was it cancer? Or.was it some benign, quote,
unquote, dust disease, like silicosis?
I believe it. was the cause.
You believe silicosis was the cause?
Yes.
ts that just what you heard?
MR. HART: Counsel, that was a question.
VAN PELT & ASSOCIATES
83S. KING #604 * SEATTLE, WA 98104 * 682-933924
WITNESS: DONALD R. VARBLOW, 4/12/90
46
You asked what he heard, and that’s what he said.
A. Yeah, that’s what I heard.
Q. (By Ms. Houser} And the other two claims of Ms. Kraft
and Mr. Milligen, do you have any more knowledge,
besides what was read off of the summary earlier?
A. I know that Herbert Milligen is dead. And I don‘t know
the specifics of -- you know, the results of the
claims.
Q. Who would have that information, if you ..know?
A. That would be the personnel at the Jackson plant,
because these people were all employed at Jackson.
Q. Is there someone at the Jackson plant or a specific
position that has responsibility for processing
workers’ comp claims?
A. Yes, and I -- yes, there is.
Q. Do you know who it is; or what position, if you don’t
remember the name?
A. Well, her first name is Connie, and that’s all I can
tell you. And I don’t know what her position is.
Q. And would they have records then at the personnel
department at the Jackson plant of those workers’
compensation claims?
A. Yes, they will have those records.
Qi On your chest x-ray program that was instituted at the
Jackson plant in 1972, to your knowledge did it turn up
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE; WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/99
A.
Qa.
A.
Q.
a7
any incidences of suspected asbestos-related disease?
To my knowledge, no.
Is there anyone who would have more knowledge than you
at this point?
Yes, the personnel department at Jackson.
Who is the head of that. department right now?
Frederick Graber.
Could you spell that?
G-r-a~b-e-r,.
(Discussion off the record.]
{By Ms. Houser} On the subject of records, do you
know how far back records are kept of what products
were supplied tc the Jackson plant?
Specifically, no. I think that we maintained the
purchase order records for about seven years.
And what’s the basis for your belief that you have a
seven-year record. retention policy?
That’s the number that I recall was the time frame that
our customers required us to be able to identify
material.
Do you think there is any possibility that there are
records from, say, 1956 or 1960 when you started, of
who supplied the brake linings to Kelsey-Hayes?
Physical records?
Right.
VAN PELT & ASSOCIATES
83. S. KING #604 * SEATTLE, WA 98104 * 682-9339a
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WITNESS: DONALD R. VARBLOW, 4/12/90
A.
Q.-
Q.
A.
Q-
50
When did the grinding take place?
After the riveting operation. Only rivets.
As to chrysotile asbestos, have you looked at any
studies that talk about whether chrysotile causes
asbestosis?
Specifically, no.
Do you have any other information that. you can think of
now that you haven’t teld me about the safety program
at Kelsey-Hayes regarding asbestos in the air?
No, I think we have covered it.
And do you think we have covered the extent of your
knowledge or people that you were familiar with at
Kelsey-Hayes regarding the hazards of asbestos, when
that came into being and what the bases were for it
that you have personal knowledge of?
Yes.
And would you agree with Mr..Soltis, I believe, who
stated that asbestos was not mentioned one way or
another in any advertisement that Kelsey-Hayes put out
about its brakes?
That‘s correct.
And other than the two safety directors who we have
talked about, and perhaps the dectors, would there by
anyone else at the company that you know of who would
have information -- and I’m just talking that they
VAN PELT & ASSGCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90
MS. HOUSER: Fine, thank you, and I. am
ordering.
MR. HART: I*11 take a copy.
{The deposition was concluded
at 4:40 p.m.j
[Signature was reserved.]}
VAN PELT & ASSOCIATES
83 S. KING #604 * SEATTLE, WA 98104 * 682-9339Exhibit 12som
oo
IN THE SUPERIOR COURT OF TBE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
IN RE: ASBESTOS LITIGATION =
No.
No.
+ Now
No,
Ne.
Wo.
No.
Now
‘9
B9C-03-152 (BANKS}
90C-12~163 (CONNGR]
BBC-NO-110 (DELONG} =
89C~10~24 (HOPFHAN} =
02-93 (RUTTER) ¢
BEC-NO~68 (ALLEN). ¢
94C-05-289 (SOCIA} 2
91C-07-289. (TANNER} =
DEPONENT:
PETER J. SOLTIS
REPORTER:. Cynthia C. Mendenhall
DATEL’ |
+ phir:
Wednesday, February 9, 1994
11:40 asm. - 2:63 poems
LOCATION: 2537 Rochester Court™
Troy, Michigan 49083
*,
Se
Hamilton-Legato
Deposition Centers
Detroit + Troy « (313) 244-9760 + FAX (313) 244-8805APPEARANCES:
JACOBS & CRUMPLAR, P.A.
By: Thomas C. Crumplar
2 East Seventh Street
BO. Box 1272
Wilmington, DE 19899
Appearing on behalf of Plaintiff(s).
MURPBY, WELCH & SPADARA
By? Bougias MacGray
824 Market Street
P.O. Box 8985
Wilmington, DE 19899
Appearing on behalf cf Kelsey“Hayes
Company.
HARVEY, KRUSE, WESTEN & MILAN, F.C.
By: Ronald Z. Westen
1730 Buhl Building
Detroit, Michigan 48226
Appearing on hehalf of Ailled Signal, Inc.
and Bendix Corp.
Hamilton-Legato
' Deposition Centers
Detroit -Trow+ (313) 244.9700 + PAX (313) 244-8804IN DE Xx
WITNESS
PETER SOLTIS -
Examination by Mr. Crumplar
Examination by Mr. MacGray.
Re-Examination by Mr. Crumplar
EX #@ IB If $
NUMBER IDENTIFICATION
Ex. No, I Advertisements’
Ex. No. 2 Patent
Ex. No. 3 ‘Cover of Manual
Bx. No. 4 Letter/Article
Ex. No. 5 Letter
Ex. No. 6 Specifications
Hamilton-Legato
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Tovenit «Ten fUTN 2434 O7NG « FAK (3131 244-RANE
PAGE
90
31
PAGEwom ow
>
SoLuTis
Trey, Michigan
Wednesday, February 9, 1594
11:40 asm. ~ 2703 p.m.
* * *
MR. CRUMPLAR: Let me just put on the
record due to weather conditions, we had to
improvise. We're doing this depasition -- my portion
of it -~ by telephone. My understanding ig. the court
reporter is there with the. witness and the witness's
attorney, Mr. MacGray; ‘is that correct?
MR. MACGRAY: That is corxect.
MR. CRUMPLAR: Okay. I've also faxed
some exhibits that I'll be introducing.”
PETER SOLTIS
was thereupon called ag a witness herein, and after
having first been duly sworn to tell the truth, the
whole truth, and nothing but the truth, was examined
and testified as folldws? :
BXKAMINATION
BY MR. CRUMPLAR: ,
Q. All right. My first question: Mr. Soltis,
can you explain your current relationship with
Kelsey-Hayes?
A. Yes, I'm a private consultant to Kelsey.
Q- How long have you been a private consultant
Mh Hamilton-Legato
Deposition Centers
+ Pane UUIN 944 OFAN RAY FUT F44 RROSoOoLuTIS
to Relsey?
A. Since January of 1990.
Q. . Okay. Before January of 1996, what was
your relationship with Kelsey?
A. I was an employee of Relsey-Hayes-
Q. Since danuary ef 1990, can you explain what
you do asia private consultant for Keluey~Bayen?
Ae T assist them in product liability
litigation and other technical. subjects not related
to product liability or legal suits.
Q. You're basically working with them in
connection with lawsuits?
A. I would say yes.
Q. Okay. Any lawsuits besides ashestoa
related lawsuits that you are serving as a private
consultant for Kelsey-Hayes?
A. At the present time?
Q. Yes.
A. Yes.
Q. Let me just -- since 1990, you have been a
private consultant. for Kelsey-Eayes in connection
with asbestos litigation, correct?
A. That's correct.
Q. Since 1990, you've also been a private
consultant with Kelsey-sayes in connection with other
Hamilton-Legato
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Deteait » Trnv #f313) 244-9700 + FAX (3132 244-2804sSOLTIS
litigation, correct?
A. That's correct.
Q Can you basically describe what the other
nonasbestos litigation that you served as a private
litigation. consultant for Kelsey-Hayes?
A. It would comprise the foundation braking
systems on automobiles and trucks and motorcycles.
Q. Are you a private consultant for any other
company? :
A. Iwas, yes, not currently.
Q. All right. Let me just -- since January of
1990, besides your private consulting work for
Kelsey-Hayes, describe your other employment or
business activities. :
A. They were a garden tractor for
Massey-Ferguson Corporation. :
Qs How do you tradé? Is it -~ do you have a
business card that identifies you as private
consultant, or what, siz?
A. No, I don't have a business card at this
time, no. :
Q. Okay. If I met you at a cocktail party and
asked you what you did, what would you tell me?
A. I'd tell you I was a censtltant.
Q. And your services are available to who?
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A. To anyone, but as of now they've been
primarily Kelsey~Sayes.
Q. But other -- what other types ef companies
or individuals would you feel you're qualified to be
a consultant for?
A. Anyone that’ -- any case that involves a
braking system, -- :
Q. Okay.
A. -- an automotive or truck braking system.
Qe as I understand besides advising and
working with Kelsey-Eayes on cases involving braking
systems, you've alse worked with Massey~Ferguson in a
case involving a braking system?
A. That would be correct.
Q. Okay. Any other companies that you've
worked with in connection With braking systems
besides Kelsey-Hayes and Massey-Ferguson?
A. No, six. ‘ /
Q. How much are you paid by Kelsey-Hayes for
your consulting -- hourly rate?
va Depends on the activity.
Q. Pardon?
A. It depends on the activity.
Q. Okay. If you could just give me some of
the activities and how much you're paid?
Hamilton-Legato
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A. We can start with anything that I consider
just clerical work would be $35 an hour.
Transportation to and from lecation would be $35 an
hour. Any technical work that I am doing, other than
depositions and trials, would be $50 an hour. :
Q- Okay.
A. Seventy-five dollars for depositions and a
hundred dollars an hour for in trial --
Q. Okay.
A. n+ testimony.
Q. How many asbestos depositions ~- let me
just -- the only asbestos related depositions and
trials you've given has been for Kelsey-Hayes,
correct? :
A. That's correct.
Q. And the only asbestos related consulting
that you've done has been for Kelsey-Hayes, correct?
A. That's correct. :
Q. How many depositions have you given on.
behalf of Relsey-Hayes?
A. Total7. :
Qe Yes. Approximate if you don't know
precisely. :
A. This would --
{Ringing of telephone.}
Hamilton-Legato
Deposition Centers,
asente Pear PEDAL ABR TON tT NE OneTBow Roe
SOLTIS
Q. Just ignore it.
A. You're asking total?. In addition to
asbestos, you're also including the brake
depositions?
Q. No. Those that deal with asbestos. i'm
only, interested in asbestos.
AL one. /
Q. Okay. That was the one out of Washington
State?
A. The case was in Washington State. The
deposition was in Romulus, Michigan.
Q.. And that was the one -~ I think that was
done by telephone, in fact, alsoz
A. Yeah, that's correct.
MR. MACGRAY: That's the one I've
produced a copy on that. :
BY MR. CRUMPLAR:
Qe How many trials, asbestos trials, have you
actually testified at?
AY None.
Q. None. Okay. Pricer to January 1999, you
were a full-time employee
Preview
Kazan, McClain, Satterley & Greenwood A Professional Law Corporation m & ¥ a = * Oaklar Suite 400 835-4913 © € 3 B 2 = 3 g R = Jack London Market www. kavaniaw.com Fax: Joseph D. Satterley, Esq. (C.S.B. #286890) Ted W. Pelletier, Esq, (C.S.B. #172938) Michael T. Stewart, Esq. (C.S.B. #253851) mstewart@kazanlaw.com KAZAN, McCLAIN, SATTERLEY & GREENWOOD A Professional Law Corporation Jack London Market 55 Harrison Street, Suite 400 Oakland, California 94607 Telephone: (510) 302-1000 Facsimile: (510) 835-4913 Attorneys for Plaintiffs ELECTRONICALLY FILED Superior Court of California, County of San Francisco MAY 21 2014 Clerk of the Court BY: ROMY RISK Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO HAROLD KOEPKE and NANCY KARIDIS- KOEPKE, Plaintiffs, v. FORD MOTOR COMPANY, et al., Defendants. Case No. CGC-13-276217 EXHIBITS 11 AND 12 TO DECLARATION OF MICHAEL T. STEWART IN OPPOSITION TO DEFENDANT KELSEY-HAYES COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION Date: May 28, 2014 Time: 9:30 a.m. Dept.: 503 (Hon. Teri L. Jackson) Case Filed: December 3, 2013 Trial Date: June 16, 2014 Attached are Exhibits 11 and 12 to the Declaration of Michael T. Stewart in Opposition to Defendant Kelsey-Hayes Company’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication. Exhibits 11 and 12 to Declaration of Michael T. Stewart in Opposition to Defendant Kelsey-Hayes Company’s MSJ/AExhibit 11bt GEN. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KITSAP COUNTY _ JAMES A. MARTIN. and RUBY V. MARTIN, husband and wife, } Plaintiffs, } a vs. } No. 89-2-02462-6 FIBREBOARD CORPORATION, et al., } Defendants: } TELEPHONE DEPOSITION UPON ORAL EXAMINATION OF DONALD R. VARBLOW April 12, 1999 3:15 p.m 500 Central Building Seattle, Washington a. Kay Corbett, Court Reporter VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339 EXHIBITWITNESS: DONALD R. VARELOW, 4/12/90 | 2 INDEX oF EXAMINATION Examination Rée- No. By Ms. Houser ---~--7-- 2s n tee et ges sos stn 3 By Mr. Hart Examination By MS. HOUS@Y ~~ een mene rn enn nen nnn nen nnn san 54 INDEX OF EXHIBITS So enti en eng Description Marked Identified {No exhibits were marked.j VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/30 APPEARANCES For the Plaintiff: For the Defendant: Kelsey~Hayes Company: For the Defendant Center for Claims Resolution: For the Defendant owens-Carning Fibreglas, Inc.: KRIS HOUSER Attorney at Law 500 Central Building 810 Third Avenue Seattle, WA 98104 ARTHUR R. HART Attorney at Law 1601 Fifth Avenue, Suite 2200 Seattle, WA 98101 JANET RH. McLEAN Legal Assistant 2101 One Union Square 600 University Street Seattle, WA 98101 PATRICK J. MULLEN Attorney at Law 800 Puget Sound Plaza 1325 Fourth Avenue Seattle; WA 98101 kee ARR RRR DONALD R. VARBLOW, being first duly sworn by the Notary Public, appeared and testified as follows: EXAMINATION BY MS. HOUSER: Q. Were you present at all of the prior deposition of Mr. Soltis, Mr. Varblow? VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339 for abs. reakWITNESS: DONALD R. VARBLOW, 4/12/90 Q. plant manager, an@ in 1972 became plant manager. In 1984 to 1985 I was pliant manager of Cast Forge | Company, which is a wholly owned subsidiary of Kelsey-Hayes. How do you spell that? Cra-s-t F-o-r-g-e. And what. were the years on that? 1984, 1985. In 1985 and 1986 I was plant manager of Kelsey-Hayes aluminium wheel plant in Mariette, Michigan. And. from 1986 until the present, I’m director of manufacturing for Kelsey-Hayes International. Director of manufacturing, okay. And what is your educational background? I have a bachelor of science degree. from Michigan State University in chemistry and metallurgy, and I have an MDA from Michigan State University, which I received in 1973. Let me start with your first position in 1956 as laboratory superintendent for the chemical and metallurgical lab. What did that involve? What were your duties there? fhe duties were to perform tests on incoming material into the Jackson plant, beth for the automotive operations and for the aerospace operations that we had VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 Q. A. A. Q. Q. A. there at that time. We would do the chemical and metallurgical analysis of the metals, materials, rubber components, and so on. , And why were you doing these tests? To assure that the material/ that we purchased met the specifications that we bought them against. Would this include brake linings? Oid they come through your lab? Yes. And did you run tests on those? We ran physical tests. We ran hardness tests, specific gravity tests. To find out how durable they were essentially? To find out if they met the specifications on the drawings. Were you familiar with the ingredients of the brake linings at that time? : Yes. What were they? Asbestos, various resins, metallic particles, rubber particles. And the asbestos that was used in the lining material was chrystolite [phonetic]. No -- chrystoe -- I can’t say it. chrysotile. If Mr. Hart is telling the witness what the component was, I would appreciate it if you would put that on the VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-933924 25 WITNESS: DONALD R. VARBLOW, 4/12/90 Q. A. Q. A. Q. record. He didn’t tell me that. I’ve known that for many, many years. How da you know that? From the literature that we had available at the times that we would be looking at on these. products. Who was the literature from? : The literature was in technical bulietins and in our chemistry handbooks, in seme of the literature that we would be dealing with from the vendors, and in discussions with the vendors ~ What portion of the makeup of brake linings was the asbestos while asbestos was an ingredient? We did not do a chemical analysis per se. We only performed the. physical tests as I described. Based on. the testing that your laboratory did, do you have an understanding of approximately what percentage asbestos is? It would probably vary from compound to compound, but it would be somewhere in the area of fifty percent by volume, I think would be an approximation. Would it be less by weight? How much would it be by weight? I don’t know. When you say that there were technical bulletins and VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 Qe A. Q. Q. Q. chemical handbooks that talked about the asbestos content of the brake linings, were they speaking generically of what tended to be used by the industry. in making brake linings? ‘That is correct. And then do you remember what specific vendors, if you recall, talked about the type of asbestos that was used in the brake linings? , No, I couldn’t -- I can’t answer that. pid you talk on a regular basis with the brake lining manufacturers about the performance of their brake linings and changes that might need to be made? Not to any great degree at that time, no. About how often would you talk when, for. example, you were in this laboratery? Let‘’s talk about the period from 1956 to ‘62. How often would you talk to the brake lining manufacturers about what they were supplying to Kelsey-Hayes? The only time we would talk to the manufacturers‘ representatives would be when there would he a different material presented for a brake assembly that would be a change in the lining material. How frequent an occurrence was this, if you can estimate? It would vary. It might be once every two years. You VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-933924 25 Q- A. Q. Q. WITNESS: DONALD R. VARBLOW, 4/12/90 know, they might change on that kind of a basis. Did you ever hear in the period 1956 to ‘62 of brake lining manufacturers considering or actually trying different ingredients instead of the asbestos. component of brake linings? I did not; no. During that time period, no. Did anyone from the brake lining manufacturers ever mention anything to you, or did you hear that they mentioned to anyone else at Keisey~Hayes, that there might be an occupational hazard created by the use of asbestos? During that time period, no. And just to confirm what I believe you said earlier, you at that laboratory, you and your co-workers and . subordinates, never tested brake linings, or any of the other products that you were working for, for their toxicity; is that correct? That is correct. You talked about technical journals or scientific bulletins or whatever that you referred to. What were your reference works at the laboratory, if you can recall? What kinds of journals or texts did you have? Well, I guess I can’t answer specifically, but we had several volumes that detailed analyses of various compounds. We had the chemistry handbooks. We had the VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-933924 25 Q. WITNESS: DONALD R. VARBLOW, 4/12/90 10 SAE books. What are SAE books? The Society of Automotive Engineering. Okay. And we also had the ASTM standards. ASTM standards for what? The ASTM standards spell out the test procedures to be used for various analyses in various products. Okay. Did you have all of the ASTM standards, do you think, in materials that you had there? I’m not sure what you mean. Did we have -- They cover a lot of different things, a lot of different subjects. And what you’re talking about, as Younderstand it, is sort of standards, like how to test for performance of certain materials. There are also tests that ASTM, as I understand it, prescribes for toxicity of materials or for dust levels and things like that. Do you know if your ASTM manuals contained that kind of information, or would you not be sure? As I recall, I believe we had basically the complete set of ASTM books that would be available. What other references did you have to work with at that laboratory? Those are the basic ones. VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682~9339WITNESS: DONALD R. VARBLOW, 4/12/90 13 Okay. I wanted to ask you before we go into some of your other employment at Kelsey-Hayes, some questions, if you.know, about the size of the company. can you give us an idea when you came to the company in 1956 how big it was, either in terms cof gross sales or number of employees or both, if you know? I don’t really know. How many plants did it have? In 1956? Yes. I‘m estimating between eight and -- seven and ten. At the time you worked in Jackson first, in ‘56 to ‘62 ~- do I have that right? | I. was in Jackson until 1984. I’m sorry, until -~ yeah, 1984. At the time you first started there, do you have any idea how many employees worked at that Jackson plant? Approximately twelve hundred. And over the years, how did that change, if at. all? Up until the present? Yes, It grew to. roughly seventeen hundred, and currently ~~ and this is an estimate because I’m not that. close to it right now, but I believe they have around three VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339he WITNESS: DONALD R, VARBLOW, 4/12/90 14 hundred and fifty employees there today. I imagine that it’s growth pattern can- be charted relative to the auto industries, what’s happening in the auto industry. Is that kind of what happens? Well, we also at the time I started there, we also had an aerospace division which is no longer there, and that reduced the employment quite a bit. I see, When was it seventeen hundred employees approximately? It would have been approximately 1962, in that time period. And do you have any idea of gross sales of that Jackson plant, for example, when you started there? Or the profits, however you would measure the -- I'm sorry, I didn’t hear the last part of that. Either gross sales or the profits, however you would measure the sort of economic =~ No, I have no idea. Who would know that? From that time period? Yes. I don’t know. Is there a point at which you start having an awareness of what the profitability or gross sales of the Jackson plant was? VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: . DONALD R. VARBLOW, 4/12/90 15 MR. HART: Counsel, I will interpose an objection te this entire line of questioning, which is not indicated on the 30b (6) notice that we received. MS. HOUSER: I’m just trying to get a notion of how many of these products -- the size of the manufacturing operation here. ‘Since it’s been said at the earlier deposition we had today that Kelsey-Hayes wasn't as big as some others, I want to find out how big it was. {By Ms. Houser] So you can go ahead and answer the question, Mr. Varblow. At the time I became plant manager, I had some approximations of the volume that we had during time period. And was that 1972? Yes. And what approximately was the volume at that time? I’m not sure I can give you the sales volume, but during that time period we were running probably in the area of 300,006 to 400,000 drum brakes per month, and about 200,000 to 250,000 disc brakes per month. I don’t remember dollar sales. And did that change through the rest of the ‘70s? Did that change appreciably, or did that hold pretty VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339A. Q. A. Q. WITNESS: DONALD R. VARBLOW, 4/12/96 18] steady? That volume would hold fairly steady up through the ‘70s, that’s correct. Before your deposition, there was a deposition of Mr. Soltis, who I asked a lot of questions of regarding who supplied. brake linings to Kelsey-Hayes and who Kelsey-Hayes distributed brakes, assembled, to -- which manufacturers. Do you have knowledge in that area? And if so, is there anything you know that would supplement or revise the testimony given by Mr.. Soltis? No, I would agree with his testimony. You have some general familiarity with it, and what he sounded was consistent with your knowledge? correct. Do you have any more specific information than he did about the distribution of Kelsey-Hayes’ products or the suppliers of brake linings to Kelsey-Hayes? MR. HART: I object to the form of the question unless you're asking something specific. MS. HOUSER: Well, I’m actually a little conscious of the time here, so I was hoping to do it in a kind of wrap-up style. We could break it down further, if you‘’d like. MR. HART. That’s all right. I’m ready VAN PELT & ASSOCIATES 83S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 A. Q. A, Q. 18 ‘70s, do you have any knowledge that is different or more specific than what Mr. Soltis testified to? No, I do not. And what about from 1956 to ‘617 Do you know who the suppliers of brake Linings were at that time? Bendix and Raybestos would be the two that I would think would be the ones at that time. period. Let me ask: Do you think those were all the suppliers during that time period, or would those be the biggest and that’s the ones you’re best able to recall now? Those would be the ones I can recall. In. terms of who Kelsey-Hayes distributed its brakes to during the period 1956 to -- no, let me start with the period 1961 through the end of the 1970's -- 1979 that Mr. Soltis testified to, Would you have any information that is either different or more specific than what Mr. Soltis gave us? No, I do not. Now, from the period 1956 to 1961, do you know who the manufacturers were that Kelsey-Hayes supplied brakes to? The Ford Motor Company. Exclusively? To my knowledge, yes. Was this for cars and light trucks? VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 A. Q. 19 Cars and light trucks. Anything else? No. How many people worked in this laboratory that you were the supervisor for? At one time we had about thirteen. When you first came to Kelsey-Hayes, did it have a doctor on staff that you know of? There was a doctor that would come in, and I believe it was two hours in the morning, every day. And do you know who that doctor was? I don't recall his name, no. They changed over the time period, of course. Right. And do you have an understanding of what the duties were of that doctor? Yes, He would give physical examinations to new employees, and if there were any employees with any injuries or any ailments or problems, he would diagnose their problem or give them a physical. We also had a full-time nurse. And what were the duties of the nurse? The nurse was also available to assist in any emergencies in the plant from injuries, and also would help in the area of physical examinations. But primarily was staffed for any problems that would occur VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339w > ui Q. A. Q. WITNESS: DONALD R. VARBLOW, 4/12/90 20 during the day’s operations. And were these people ~~ the nurse and part-time doctor, were they at the Jackson plant? Yes. And did this continue pretty much up until 1984? That is correct. When you changed jobs, you became the superintendent of the aluminium foundry at Jackson; is that correct? Correct, So from '62 to ’64 when you went to the-dise plant, did you have any involvement with the manufacturer of brakes by Kelsey-Hayes? During the time I was in the aluminium foundry? Yes. No. Okay. And then in 1964 you became the superintendent of the disc plant at Jackson} is. that correct? Correct. What were your duties as superintendent ef that plant? I was responsible for the implementation of the new programs that came in the plant. At that point in time we were starting up in the dise brake business, so we were getting a lot of new equipment in. And it was ny responsibility to see that the equipment was installed and put into production and to run the operation. VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-933924 25 WITNESS: DONALD R. VARBLOW, 4/12/50 ——| 21 Q. How frequently were you on the plant floor as part of your duties? A. Most of the time. «(And so you. were in a position te observe the workers at the plant and what they did with the brake linings when they were assembling the brakes? A. Correct. Q. When you were in that plant, did you ever see dust created? A. Do you mean from the operations? Q. Yes. : A. Referring to operations concerning lining materials? Q. Right. A, We had dust collectors on all of our drilis and our grinders. Q. Why was that, do you know? A. To prevent dust from entering the air in the plant. Q. What was the concern about dust? And if that changed over time, could you please specify that? In other words, why were you having the dust removed from the plant? A. Well, we had always used dust collection equipment for any operations that would -~- that involved dust or fine particles to prevent any problems with respiratory problems for our employees. ( VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 A. Q. 23 Did you have occasion to use that library? Yes. What kinds of materials were contained there? It was an engineering library. Did it have then scientific journals relating to engineering? Correct. Did it have any encyclopedias that you know of? No, not that I’m aware of. How about medical literature? Did you ever see any medical literature of any kind there? No, not specifically. Did it have any industrial hygiene kinds of materials that you know of? I don’t know. Was there an industrial hygienist employed by Kelsey~Hayes at any time to your knowledge since you started working there? With that specific title? Or with the duties of an industrial hygienist. I’m not sure what the duties would be. We had nurses on duty. Are you referring to that? No, not exactly. I’m referring to someone who might make it his or her concern to evaluate the industrial environment and decide whether there were any hazards VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 A. Q. A. Q. safely or positioned safely, or whether.it would be to posed by anything in the environment, be it sort of mechanical things where equipment was not operating evaluate the exposure to various substances and determine whether they presented any hazard to the workers. We had a safety director in our plant, : When did that come into being? , When I started, there was a safety director on.duty at the Jackson plant. 1956, on. And he was there when you got there? Yes. Who was that when you got there? His name was Joe Fiero. Could you spell that, please? F-i-e-r-o. And do you know how long he had been there? No, I don’t know for sure, no. Did he ‘seem to have been there for a number of years though before, or was he a more recent employee? bo you know? He had been there a number of years before I started. Did he stay there the whole time, or was he replaced at some point? He was replaced by Mr. Robert Pinard. VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682+9339a4 25 Q. A. Q. A. WITNESS: DONALD R. VARBLOW, 4/12/90 25 How do you spell that? Pei-n-a-red, And when was that approximately? Sometime in the middie ‘70s probably, or early ‘70s. And has he been there ever since, or is there anyone else? He’s not. there now, but I -- you know, I‘m not involved with that plant now, so I don’t know whe is the safety director today. Was he there until you left the plant? Yes. What were the duties of the safety director? To verify the safety of the equipment that we were running, to make sure that the safety devices on cur presses were operating and operable. To maintain contrel of the -- he checked the materials that we would be getting into the plant that we would use in production, He would conduct safety tours in the plant with a committee that was a combination of salaried and union personnel, and they would conduct. safety tours, write up their results, and we -- as a plant manager, you would see that the corrective action was taken. It sounds to me like these were mechanical or equipment related things. Did this safety director to your VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-933924 25 WITNESS: DONALD R. VARBLOW, 4/12/96 26 knowledge concern himself with air quality also? Absolutely. Can you describe what he did with regard to air quality? We started checking what the volume of our exhaust equipment was with meters as part of his program. We started a program of stirring the air in the plant, and he also was responsible fer the hazardous materials, such as solvents, the proper storage of solvents. The notification of employees as to the potential hazards of materials that were used in the plant -~- maintain the files on the data sheets that were presented with this material. Is Mr. Pinard alive, do you know? No, he is not. Did he have any staff working with him, te your knowledge? Yes, Well, he worked through the personnel department. Was there anyone he worked most closely with? No, I wouldn’t say so, And I’m assuming Mr. Fiero is also deceased; is that right? No, he’s not. He’s alive. oh, he’s alive? : Yes. VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 Q. A. Q. A. Q. 27 Do you know where he lives? Yes. Where? Jackson, Michigan. Now, you talked about some of these things that they did being started at certain points. you said that "we started a program te monitor the volume the exhaust," and se forth. I’m wondering, when did the programs to monitor air. quality start approximately, if you recall? 1972 or 1973. What specifically were they looking for, do you: know? The quantity of airborne contaminants. , And do you remember which contaminants were of most concern? At that time point in time, we were lcoking at the asbestos situation. That would be the primary function. I want to obviously talk about that more, but I want to wrap up one thing about the solvents and their storage and that part of the safety program that you talked about. Was that something that occurred pretty much throughout the time that you have been employed by Kelsey-Hayes? “Yes, that data information was available and was recognized as an important function of the safety VAN PELT & ASSOCIATES 83 S, KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 Q. A. A. 2 A. Q. what journals were subscribed to? I would assume the personnel manager at the plants. Now prior for 1972, you had dust collection equipment in place. Did you, or to your knowledge did the safety director express to you, or did you have any specific concerns about specific airborne contaminants that might be hazardous to people breathing them? At what time period? 1956 to 1972. I would say during that time period we were mostly concerned with any airborne contaminants, not any specific type. In other words, just that the air not get too dusty. That is correct. We wanted our operations ~-- anytime we had drilling or grinding operations that collected dust, we wanted to be sure that we were able to take care of that material. Did the grinding or drilling operations ever become so dusty during the time you were at the Jackson plant that you could see visible dust in the air? No. That was pretty much taken care of by the dust collection equipment; is that right? That’s correct, In 1972 you said that there was an air monitoring VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 31 program that was instigated in large part because of concerns about asbestos. Can you tell me how that came about? : It came about partly through OSHA and the Michigan occupational safety organization. The concerns were becoming more publicized, and at that point in time, we at the plants started some procedures to monitor the environment. When you say from OSHA, the concerns were coming from OSHA and the Michigan Occupational Safety and Health Agency, how were they conveyed to you? As requirements er what? What happened? Both by requirements and by seminars that were held and study groups ~~ not study groups but. programs that were presented by the State to better educate manufacturers in this area. And you yourself attended some of these seminars? I attended one. When was that? 1972. When was your first awareness of the fact. that asbestos ‘could be hazardous to a user’s health? About that same period. And before that you had no idea that it was a dangerous product? VAN PELT & ASSOCIATES 83 .S. KING #604 * SEATTLE, WA 98104 * 682-9339A. Q Q. A. WITNESS: DONALD R. VARBLOW, 4/12/90 32 With any specifics, no. Did you have any general sense? Did there start to be some growing concern about asbestos? There was starting to be some publicity published during that time. How far back? How far prior te 1972 were those concerns starting te be publicized that you can recall? I don’t know for sure. I can‘t recall the exact time frame. Would it have been as much as five years back or more like one or two years before that? One or two. And did you do anything in response to reading the publicity that was coming out that maybe there were some problems connected with asbestes in, say, ‘70 or 171? We started in 1972, the later part of 1972, early 1973. We started a program of x-rays for all personnel that was working in an environment that had asbestos. We also had -~- these were annual x-rays. We started a program of annual spirometry -- I guess that’s the proper term. ves, annual spirometry. Annual spirometry during that same time f@riod. During that same time period also, the Environmental VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-333924 25 WITNESS: DONALD R. VARBLOW, 4/12/90 Q- A. Q- A. Q. A. Q. 33 Protection Agency instituted some pregrams for reporting at the plant levels anyone that was working with asbestos. There were certain reporting functions that we had to perform to the EPA. That all occurred during that time period. And did Kelsey-Hayes comply with what was required? Correct. Did you ever have any compliance preblems brought to your attention by any agency responsible for regulating the use of asbestos? I’m not sure I know what you. mean. Did OSHA or the Michigan Occupational Safety and Health Agency or EPA or whoever ever come. in and measure the air or look at your dust equipment and suggest any changes or tell that you weren‘t in compliance with safety and health rules? No. Did they ever come in at all to your knowledge and evaluate your safety program with regard to asbestos? Yes, they did. When was that? They would come in on a periodic basis. It wouldn’t be any given period, but it would be -- as I recall it would be at least once -- probably once a year. We also had to provide records of our air VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339A. Q. A. Q. A. Q- A. Q. WITNESS: DONALD R. VARBLOW, 4/12/90 : 34 monitoring, and we had an outside laboratory that did all of the testing. And we had to maintain those records for their inspection. And do you have records of the air monitoring from 1972 to the present? We do at the plant, yes. To your knowledge did they ever exceed the limits set by any agency responsible for regulating the use of asbestos? During my time there? Up until 1984? Right. No. Okay. So aither for total dust or for asbestos in the air, you didn’t ever have a compliance problem; is that right? correct. I think it was Mr. Soltis who talked about warnings being given or notices being given to plant employees about the hazards of working around asbestos. Were. you involved in that? With Mr. Soltis, do you mean? No. I mean were you responsible for, or did you participate in, the decision to issue notices to plant employees regarding the hazards of asbestos? We instituted the testing programs and the x-rays, and, __ VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 Q. A. A. yes, I was involved in those procedures. Was there sith a thing as a netice to employees to the effect that: You are working with asbestos and it can cause serious lung damage, or something to that effect? I don’t know if there was specific notice to that effect. I don’t recall. So you don’t recail, right new anyway, any such notice going to employees? During that time peried -- do you mean up until 1984? Right. No, I’m not aware -- I’m not -~- I can’t recall any specific notice. De you know if employees were told why there was an annual chest x-ray program? Yes, absolutely. They were told exactly why we were doing it. : And were you there at meetings where they were told? I was not in the meeting with every employee, but I was in meetings when I was -- I was present at times when employees were being told why they were having the x-rays and why we were maintaining the recerds on that. And do you remember what was said to employees at that time? Not specifically, ne. Can you give me a general description? VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA $8104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 A. Q. A. Q. A. 36 We are going to conduct -- we were going to be doing atuiual x-rays. The first x-ray would be the base, and we would monitor their health during -- through the time period that they would be working in that department. And what was said about why you would be monitoring their health? For the potential problems of asbestosis. Was asbestosis described or defined at those meetings? It was described. Do you recall how it was described? Not specifically, no. Can you give me -- That there was a potential for a lung disease. And was it stated what the consequences of the lung disease could be to the person’s health? I don’t recall for sure. Did you have pecple saying that asbestosis can cause problems ranging from fairly minor breathing problems up to death? I recall at later periods, yes. When would the later periods be? The concerns of the <-- our feeling at the time, of course, was that we were adequately protecting our employees. And as far as the consequences of the VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-933924 25 Q. A. Q- WITNESS: DONALD R. VARBLOW, 4/12/90 37 problems with asbestos, I would say as far as my personal feelings were concerned, it would have been probably a short time after that before I recognized or that I was aware of the potential for -- of the fatal potentials that were involved in some cases. Shortly after 1972, is that what you mean? No, no. As far as the fatalities that were concerned, it would have been into the early ‘80s in my personal observation. Did you have a belief that because you were adequately protecting employees that there was no need to alarm them about the hazards of asbestos? No, we were telling them of the hazards as we knew it. And did you mention cancer in the discussions that you were present at as a possible sequelia of asbestos exposure during your meetings in the 1970s? I can’t recall if the cancer was specifically nighlighted at that time, but it was in later periods. Yes, I was going to ask yous When did you first know that asbestos could cause cancer? When did I first know it? Yes, if you can recall. Sometime in the middle ‘70s probably. But again, we were looking at the type of asbestos that was used in lining material, and the studies indicated during that VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 A. Q. A. Q. 41 No. Dr. Andrew Churg? I’m sorry, what was the last name, Churg, C-h-u-r-g? No, I don’t recall. A man name Barry -- Dr. Barry? Specifically, no. Dr. Warnock? No, Okay. They might have been the authors of some of the articles, but I don’t recall the names of the authors. Sure, I understand that. Were warnings to your knowledge ever put on products manufactured by Kelsey-Hayes that included asbestos on them? Ever? Ever. You’re not just talking about up until 1984? Right, ever to your knowledge? MR. HART: Excuse me, Counsel, you're saying a warning on the product itself? {By Ms. Houser] Yes, on any part of a Kelsey~Hayes product, warning of the dangers of asbestos. I guess I want to -- are you talking about the VAN PELT & ASSOCIATES 83S. KING #604 * SEATTLE, WA 98104 * 682~9339Q. Q. A. WITNESS: DONALD R. VARBLOW, 4/12/90 42 packaging material or -- Either the packaging material or the product itself. Well, I believe today there are warnings on the packaging material. Do you know when that went into effect? No, but I would think or estimate the last six years -- five years or six years. Do you know what they say? I think it. says to the effect that it centains asbestos, maybe, is hazardous, or something to that effect. But it does say it contains asbestos. Do you know what led to warnings being put on the packaging material? In some cases I believe it. was specified by the OFM. They specify the shipping tags and the packaging material, and I believe that it became a part of their specifications. I see, Were there any to your knowledge that were initiated by Kelsey-Hayes itself? I don’t know. Is there somebody who would have more knowledge than you’on this subject? : Perhaps the personnel functions or the present managers of the plants -~- present plant managers, I don’t know. But I don’t know personaliy. VAN PELT & ASSOCIATES 83S, KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 43 Q. Do you know why the CEMs specified that the warnings be put on? A. No. Q. Is it true that the reason there are warnings now is because asbestos is used in some brake linings, even up to the present? A. Yes. Q. Can you talk about that? In other words, do you know what percentage of brakes manufactured by Kelsey-Hayes still have brake linings that contain asbestos? A. No, I do not. Q. What about the process that was described earlier in 1972 of trying to phase asbestos out of brake linings? Do you know how effective that was? A. No. To my knowledge -- I’m not directiy at the plant now -- but I believe that most of the linings being used today are the semi-metallic linings. Q. And did that start sometimes in the early to mid ‘79s, that changeover? A. As I recall, the first semi-metallics started to come into the specifications in the latter part of the ‘70s. Q. And these are specifications by the OEMs, by the manufacturers of the vehicles that you were supplying to, in other words? A. That is correct. ea VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 A. Q. A. 44 And is that essentially what motivated the change in the content of the brake linings, as far as you know? That. the OEMs were specifying different contents? Yes. Do you knew if there’s anybody in Kelsey-Hayes who knew prior to, say, the ‘70 ta 472 period when roughly you first started reading about it, that asbestos could pose a hazard? I don’t know. Earlier I talked with the other witness about workers’ compensation claims, and Mr. Hart read a certain summary into the record. Are you familiar at all with those claims? Personally, no. How did you first learn about them? I am familiar with the. fact that when we were looking at the situation that there were three workmen‘s comp claims, but I was not personally involved in them. When were you looking at that situation? I’m sorry? When were you looking at that situation of workers’ comp claims? Today. Oh, just today, okay. And prior to that, you had not been aware of them? VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA $8104 * 682-933910 11 WITNESS: DONALD R. VARBLOW, 4/12/50 A. No, I was aware indirectly of one. Which one was that? The Paul Haney case. And how were you aware of that? Because I happen to know him at the time that I was at the plant. Do you know what happened to his claim? I do not know. You don’t know if he ever got benefits? I don’t know. Do you know how seriously ill he was? He died. And it was alleged that the death was related to dust disease, as he asserted in his claim? He had been a coal miner in West Virginia. Do you know what he died of? No, I do not. And. you never heard talk about with what he died of? Was it cancer? Or.was it some benign, quote, unquote, dust disease, like silicosis? I believe it. was the cause. You believe silicosis was the cause? Yes. ts that just what you heard? MR. HART: Counsel, that was a question. VAN PELT & ASSOCIATES 83S. KING #604 * SEATTLE, WA 98104 * 682-933924 WITNESS: DONALD R. VARBLOW, 4/12/90 46 You asked what he heard, and that’s what he said. A. Yeah, that’s what I heard. Q. (By Ms. Houser} And the other two claims of Ms. Kraft and Mr. Milligen, do you have any more knowledge, besides what was read off of the summary earlier? A. I know that Herbert Milligen is dead. And I don‘t know the specifics of -- you know, the results of the claims. Q. Who would have that information, if you ..know? A. That would be the personnel at the Jackson plant, because these people were all employed at Jackson. Q. Is there someone at the Jackson plant or a specific position that has responsibility for processing workers’ comp claims? A. Yes, and I -- yes, there is. Q. Do you know who it is; or what position, if you don’t remember the name? A. Well, her first name is Connie, and that’s all I can tell you. And I don’t know what her position is. Q. And would they have records then at the personnel department at the Jackson plant of those workers’ compensation claims? A. Yes, they will have those records. Qi On your chest x-ray program that was instituted at the Jackson plant in 1972, to your knowledge did it turn up VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE; WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/99 A. Qa. A. Q. a7 any incidences of suspected asbestos-related disease? To my knowledge, no. Is there anyone who would have more knowledge than you at this point? Yes, the personnel department at Jackson. Who is the head of that. department right now? Frederick Graber. Could you spell that? G-r-a~b-e-r,. (Discussion off the record.] {By Ms. Houser} On the subject of records, do you know how far back records are kept of what products were supplied tc the Jackson plant? Specifically, no. I think that we maintained the purchase order records for about seven years. And what’s the basis for your belief that you have a seven-year record. retention policy? That’s the number that I recall was the time frame that our customers required us to be able to identify material. Do you think there is any possibility that there are records from, say, 1956 or 1960 when you started, of who supplied the brake linings to Kelsey-Hayes? Physical records? Right. VAN PELT & ASSOCIATES 83. S. KING #604 * SEATTLE, WA 98104 * 682-9339a oon WITNESS: DONALD R. VARBLOW, 4/12/90 A. Q.- Q. A. Q- 50 When did the grinding take place? After the riveting operation. Only rivets. As to chrysotile asbestos, have you looked at any studies that talk about whether chrysotile causes asbestosis? Specifically, no. Do you have any other information that. you can think of now that you haven’t teld me about the safety program at Kelsey-Hayes regarding asbestos in the air? No, I think we have covered it. And do you think we have covered the extent of your knowledge or people that you were familiar with at Kelsey-Hayes regarding the hazards of asbestos, when that came into being and what the bases were for it that you have personal knowledge of? Yes. And would you agree with Mr..Soltis, I believe, who stated that asbestos was not mentioned one way or another in any advertisement that Kelsey-Hayes put out about its brakes? That‘s correct. And other than the two safety directors who we have talked about, and perhaps the dectors, would there by anyone else at the company that you know of who would have information -- and I’m just talking that they VAN PELT & ASSGCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339WITNESS: DONALD R. VARBLOW, 4/12/90 MS. HOUSER: Fine, thank you, and I. am ordering. MR. HART: I*11 take a copy. {The deposition was concluded at 4:40 p.m.j [Signature was reserved.]} VAN PELT & ASSOCIATES 83 S. KING #604 * SEATTLE, WA 98104 * 682-9339Exhibit 12som oo IN THE SUPERIOR COURT OF TBE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN RE: ASBESTOS LITIGATION = No. No. + Now No, Ne. Wo. No. Now ‘9 B9C-03-152 (BANKS} 90C-12~163 (CONNGR] BBC-NO-110 (DELONG} = 89C~10~24 (HOPFHAN} = 02-93 (RUTTER) ¢ BEC-NO~68 (ALLEN). ¢ 94C-05-289 (SOCIA} 2 91C-07-289. (TANNER} = DEPONENT: PETER J. SOLTIS REPORTER:. Cynthia C. Mendenhall DATEL’ | + phir: Wednesday, February 9, 1994 11:40 asm. - 2:63 poems LOCATION: 2537 Rochester Court™ Troy, Michigan 49083 *, Se Hamilton-Legato Deposition Centers Detroit + Troy « (313) 244-9760 + FAX (313) 244-8805APPEARANCES: JACOBS & CRUMPLAR, P.A. By: Thomas C. Crumplar 2 East Seventh Street BO. Box 1272 Wilmington, DE 19899 Appearing on behalf of Plaintiff(s). MURPBY, WELCH & SPADARA By? Bougias MacGray 824 Market Street P.O. Box 8985 Wilmington, DE 19899 Appearing on behalf cf Kelsey“Hayes Company. HARVEY, KRUSE, WESTEN & MILAN, F.C. By: Ronald Z. Westen 1730 Buhl Building Detroit, Michigan 48226 Appearing on hehalf of Ailled Signal, Inc. and Bendix Corp. Hamilton-Legato ' Deposition Centers Detroit -Trow+ (313) 244.9700 + PAX (313) 244-8804IN DE Xx WITNESS PETER SOLTIS - Examination by Mr. Crumplar Examination by Mr. MacGray. Re-Examination by Mr. Crumplar EX #@ IB If $ NUMBER IDENTIFICATION Ex. No, I Advertisements’ Ex. No. 2 Patent Ex. No. 3 ‘Cover of Manual Bx. No. 4 Letter/Article Ex. No. 5 Letter Ex. No. 6 Specifications Hamilton-Legato Deposition Centers Tovenit «Ten fUTN 2434 O7NG « FAK (3131 244-RANE PAGE 90 31 PAGEwom ow > SoLuTis Trey, Michigan Wednesday, February 9, 1594 11:40 asm. ~ 2703 p.m. * * * MR. CRUMPLAR: Let me just put on the record due to weather conditions, we had to improvise. We're doing this depasition -- my portion of it -~ by telephone. My understanding ig. the court reporter is there with the. witness and the witness's attorney, Mr. MacGray; ‘is that correct? MR. MACGRAY: That is corxect. MR. CRUMPLAR: Okay. I've also faxed some exhibits that I'll be introducing.” PETER SOLTIS was thereupon called ag a witness herein, and after having first been duly sworn to tell the truth, the whole truth, and nothing but the truth, was examined and testified as folldws? : BXKAMINATION BY MR. CRUMPLAR: , Q. All right. My first question: Mr. Soltis, can you explain your current relationship with Kelsey-Hayes? A. Yes, I'm a private consultant to Kelsey. Q- How long have you been a private consultant Mh Hamilton-Legato Deposition Centers + Pane UUIN 944 OFAN RAY FUT F44 RROSoOoLuTIS to Relsey? A. Since January of 1990. Q. . Okay. Before January of 1996, what was your relationship with Kelsey? A. I was an employee of Relsey-Hayes- Q. Since danuary ef 1990, can you explain what you do asia private consultant for Keluey~Bayen? Ae T assist them in product liability litigation and other technical. subjects not related to product liability or legal suits. Q. You're basically working with them in connection with lawsuits? A. I would say yes. Q. Okay. Any lawsuits besides ashestoa related lawsuits that you are serving as a private consultant for Kelsey-Hayes? A. At the present time? Q. Yes. A. Yes. Q. Let me just -- since 1990, you have been a private consultant. for Kelsey-Eayes in connection with asbestos litigation, correct? A. That's correct. Q. Since 1990, you've also been a private consultant with Kelsey-sayes in connection with other Hamilton-Legato Deposition Centers Deteait » Trnv #f313) 244-9700 + FAX (3132 244-2804sSOLTIS litigation, correct? A. That's correct. Q Can you basically describe what the other nonasbestos litigation that you served as a private litigation. consultant for Kelsey-Hayes? A. It would comprise the foundation braking systems on automobiles and trucks and motorcycles. Q. Are you a private consultant for any other company? : A. Iwas, yes, not currently. Q. All right. Let me just -- since January of 1990, besides your private consulting work for Kelsey-Hayes, describe your other employment or business activities. : A. They were a garden tractor for Massey-Ferguson Corporation. : Qs How do you tradé? Is it -~ do you have a business card that identifies you as private consultant, or what, siz? A. No, I don't have a business card at this time, no. : Q. Okay. If I met you at a cocktail party and asked you what you did, what would you tell me? A. I'd tell you I was a censtltant. Q. And your services are available to who? Hamilton-Legato- Deposition Centers : Detroit - Trov + (313}-244-9780 « FAX (313) 244-8804SoOoLTIisS A. To anyone, but as of now they've been primarily Kelsey~Sayes. Q. But other -- what other types ef companies or individuals would you feel you're qualified to be a consultant for? A. Anyone that’ -- any case that involves a braking system, -- : Q. Okay. A. -- an automotive or truck braking system. Qe as I understand besides advising and working with Kelsey-Eayes on cases involving braking systems, you've alse worked with Massey~Ferguson in a case involving a braking system? A. That would be correct. Q. Okay. Any other companies that you've worked with in connection With braking systems besides Kelsey-Hayes and Massey-Ferguson? A. No, six. ‘ / Q. How much are you paid by Kelsey-Hayes for your consulting -- hourly rate? va Depends on the activity. Q. Pardon? A. It depends on the activity. Q. Okay. If you could just give me some of the activities and how much you're paid? Hamilton-Legato Deposition Centers Detrnite Trow «£3133 244-9700 - BAN (319) 244-RRAGsSoOLTIS A. We can start with anything that I consider just clerical work would be $35 an hour. Transportation to and from lecation would be $35 an hour. Any technical work that I am doing, other than depositions and trials, would be $50 an hour. : Q- Okay. A. Seventy-five dollars for depositions and a hundred dollars an hour for in trial -- Q. Okay. A. n+ testimony. Q. How many asbestos depositions ~- let me just -- the only asbestos related depositions and trials you've given has been for Kelsey-Hayes, correct? : A. That's correct. Q. And the only asbestos related consulting that you've done has been for Kelsey-Hayes, correct? A. That's correct. : Q. How many depositions have you given on. behalf of Relsey-Hayes? A. Total7. : Qe Yes. Approximate if you don't know precisely. : A. This would -- {Ringing of telephone.} Hamilton-Legato Deposition Centers, asente Pear PEDAL ABR TON tT NE OneTBow Roe SOLTIS Q. Just ignore it. A. You're asking total?. In addition to asbestos, you're also including the brake depositions? Q. No. Those that deal with asbestos. i'm only, interested in asbestos. AL one. / Q. Okay. That was the one out of Washington State? A. The case was in Washington State. The deposition was in Romulus, Michigan. Q.. And that was the one -~ I think that was done by telephone, in fact, alsoz A. Yeah, that's correct. MR. MACGRAY: That's the one I've produced a copy on that. : BY MR. CRUMPLAR: Qe How many trials, asbestos trials, have you actually testified at? AY None. Q. None. Okay. Pricer to January 1999, you were a full-time employee