Motion-Secondary: CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al

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                                PO BOX 6169
NOVATO, CALIFORNIA 94948-6169
(815) 898-1585

ATTORNEYS AT LAW
202 RUSH LANDING ROAD

BRAVTONPURCELL LLP

ALAN R. BRAYTON, ESQ.
DAVID R. DONADIO, ESQ.,
SIDDHARTH JHANS, ES Os
BRAYTON¢*PURCELL LLP
Attorneys at Law

222 Rush Landing Road
P.O. Box 6169

Novato, California 94948-6169
fuss 898-1555

., S.B. #73685
S.B.
S.B. #254165

#154436

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

MAR 18 2010

fentative Ruling Contest Email: contestasbestosTR@braytonlaw.com Clerk of the Court

Attorneys for Plaintiff

BY: ANNIE PASCUAL
Deputy Clerk

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO.

CHARLES TOBEY,
Plaintiff,
VS.

ASBESTOS DEFENDANTS (B%P)

I, Siddharth Shans, declare as follows:

ASBESTOS

No. CGC-07- BY FAX

DECLARATION OF SIDDHARTH JHANS
JN SUPPORT OF PLAINTIFF'S
OPPOSITION TO DEFENDANT E. I. DU
PONT DE NEMOURS’S MOTION FOR
SUMMARY JUDGMENT

Date:, April 1, 2010

Time: 9:30 a.m.

Dept.: 220, Hon. Harold E. Kabn
Trial Date: May 10,2010
Action Filed: June g 2007

1. Lam an attorney at law duly licensed to practice before all courts in the State of

California and am an associate with the law firm of Brayton%*Purcell LLP, attorneys of record

for plaintiff herein and as such am fully familiar with the facts of this case and if called as a

witness regarding the matters set forth below, 1 would so testify.

2. A true and correct copy of the signed Declaration of CHARLES TOBEY in Support

of Plaintiff's Opposition to Defendant E.1 DuPont De Nemours’s Motion for Summary

Judgment is attached hereto as Exhibit A.
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Kjunjure 2073 55g xu

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DECLARATION OF SIDDHART FHANS IN SUPPORT OF PLAINTIFF ‘3 OPPOSITION TO DEFENDANT EJ. DU PONT DE

NEMOURS’S MOTION FOR SUMMARY JUDGMENTMar. 18. 2016 2:24PM © Sheraton Overland Park Hotel No, 7570 3

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3. A true and correct copy of the relevant portions of the deposition testimony of
CHARLES TOBEY, Volume 3, dated February 12, 2009 is attached hereto as Exhibit B, and is
fully incorporated herein by this reference,

4, A true and correct copy of the signed Declatation of CHARLES AY is attached
4 hereto as Exhibit C.

5. A trne and correct copy of the Plaintiff's Social Security Records is attached hereto
as Exhibit D.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct. “ Overthnd 7a “Ay & nsat
- Executed on 8 / 2010

Xeypeeta73s XO-DUPONT apd 2 si

DECLARATION OF SIDDHART JHANS IN SurroRt ‘OF PLAINTIFF'S OPPOSITION TO DEFENDANT B.L DU PONT DE
NEMOURS'S MOTION FOR SUMMARY 1U!Exhibit AoO MN DH RB WH

aE oR

BRAYTON? PURCELL
ATTORNEYS AT LAW.

222 RUSH LANDING ROAD
P.O, ROX 6169
NOVATO, CALIFORNIA 94948-6169
415-898-1833

RON ea
“~ FS 82 mB YA

yoN ww N N
Rogar BB

ALAN R. BRAYTON, ESS; ., §.B. NO. 73685-
DAVID R. DONADIO, ESQ., S.B. NO. 154436
SIDDHARTH JHANS, ESQ., $.B. #254165

BRAYTON PURCELL
Attorneys at Law

222 Rush Landing Road

P.O. Box 6169

Novato, California 94948-6169
(41S) 898-1555

Attorneys for Plaintiff

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

BY FAX

CHARLES TOBEY, ) No. CGC-07-274226
)
Plaintiff, ) DECLARATION OF CHARLES TOBEY
}  INSUPPORT OF PLAINTIFF'S
vs. )} OPPOSITION TO DEFENDANT E. 1 DU
. )} PONT DE NEMOURS’S MOTION FOR
ASBESTOS DEFENDANTS (BP) ) SUMMARY JUDGMENT

Date: April 1, 2010
Time: 9:30 a.m.
Dept.: 220, Hon. Harold E. Kahn
Trial Date: May 10, 2010
Action Filed: June 5, 2007
I, CHARLES TOBEY, declare as follows:
1. The information stated herein is true to my own personal knowledge and, if called as
a witness, I could and would testify competently thereto.
2. As I previously stated at my deposition for this matter and reaffirm now, | entered
the insulating trade in 1958 as an apprentice insulator, become a journeyman insulator in 1969,
and left the insulating trade in 1971.
3. As I previously stated at my deposition for this matter, and | reaffirm now, upon
entering the insulation trade in 1958, | became a member of the Asbestos Workers Local 16

union.

it .
mo EXHIBIT__/—\_.

KMloiured\073S6ipidideo-Zabey- DUPONT wed,

1
DECLARATION OF CHARLES TOBEY IN SUPPORT Oe PLAINTIFF'S OPPOSITION TO DEFENDANT DEFENDANT E.}. DU PONT.
BE NEMOURS'S MOTION FOR SUMMARY JUDGM!4. As I stated at my deposition, and I reaffirm now, I worked at DuPont’s Antioch
facility sometime between 1965 and 1967.

5. As I stated at my deposition, and I reaffirm now, Morris “Charlie” Chase was my co-
worker and foreman at the DuPont facility during this time period.

6. As I stated at my deposition, and | reaffirm now, I was installing half round insulation
on pipes and using mud during the time I worked at DuPont’s Antioch facility. I recall that the
half round insulation I was installing was white in color.

7. Lrecall that “Charlie” Chase and I worked as insulators several times during my
career for the same employers. During all the times that 1 worked with “Charlie” Chase I recall
that we worked for the same employer, During the time we worked at the DuPont Antioch
facility sometime between 1965 and 1967, ] recall that “Charlie” Chase worked for Plant
Insulation. Given that “Charlie” Chase was working for Plant Insulation Company, I believe
that I too, was working for Plant Insulation Company during this 1965 -1967 time period at
DuPont.

8. [realize that at my deposition I was asked “Did you work for E.I. DuPont,” in
reference to this 1965-67 time period at the Antioch facility, and ] responded, “Yes.”

However, having thought about my work with “Charlie” Chase and having examined my Social
Security records as well, ] believe I was mistaken in testifying that 1 was working for E.I.
DuPont. At this time I have no explanation as to what led me to testify that 1 was working for
£.1 DuPont during the 1965 to 1967 time period, other than the fact that I was asked by the
examiner whether 1 worked for E.1. DuPont and | agreed with her by saying “Yes.” However,

1 don’t recall ever receiving paychecks from E.] DuPont during this time period. Further, 1
have reviewed my social security records and they do not indicate any income from E.] DuPont
during the time I was an insulator, which correlates with my memory.

9. Another reason why I believe | never worked for LE. DuPont during the time period
I was an insulator was because all the insulating jobs that [ performed were those I performed
as Local 16 union member. The Local 16 union only sent me to insulating contractors, and thus

ail my insulating employers would have been insulating contractors, rather than a factory such

shes tIUPONT 2

DECLARATION OF CHARLES TOBEY IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT DEFENDANT El, DU PONT
DE NEMOURS’S MOTION FOR SUMMARY JUDGMENTBS co YN DD WA BRB WN =

zs

i2

as E,1. DuPont’s facility in Antioch, In fact the only times that I did not work for an insulating
contractor during the 1958-1971 time period were when I performed non-insulating jobs. One
of the occasions that | recall performing non-insulating work during the 1958-1971 time period
that I worked as insulator was when I worked for Richfield Oil Corporation in 1964, which is
the only employer on my Social Security records from 1958 till the end of 1970 who is a not
insulating contractor.

10. At my deposition, 1 was questioned extensively about my work at the Dupont
Facility between 1965 and 1967. | was asked “Did you or anyone around you work with
gaskets?” | testified that 1 did not see anyone else around me working with gaskets. [ was also
asked, “Did you or anyone around you perform any work involving glues or adhesives?” to
which | responded “No.” I was also asked whether J saw an insulation contractor other than my
own employer, 10 which | responded “No.” However, I was not asked whether | saw anyone
else besides my crew working with or disturbing insulation or insulating materials. Had I been
asked this question, | would have stated the following: I saw laborers employed by E.I. DuPont
using brooms to sweeping up insulating debris that had fallen to the floor. This insulating
debris consisted of the nvud that “Charlie” and I were using, pieces of the white half-round pipe
insulation that “Charlie” and J were installing, and the insulation dust that was created when
Charlie and I cut the white half-round insulation that we were installing. 1 knew these laborers
were employed by E.I. DuPont because they were wearing hard hats that had “DuPont” written
on them and shirts that said “DuPont” and “Safety is Our Most Important Product,” a slogan I
associated with E.1. DuPont. | was between 2 and 8 feet of these DuPont laborers when they
were sweeping up this insulating debris. I recall that this process created significant amounts of
dust which [ breathed.

11. As I stated at my deposition, I don’t recall whether I was wearing a mask during the
time I worked at the DuPont facility during this 1965-1967 time period. However, even if I did
wear a mask at all during this time period, it would been a 3M single-band paper mask, which
on the few occasions that I did wear it, never prevented me from breathing in air from the sides

of the mask.

KAlsjured\ 107356 febey-DUPONT.wod

‘HecMlnhured\ 1073 56tplehd gg, Tey DUPONT 2m
DECLARATION OF CHARLES TOBEY IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT DEFENDANT Et. DU PONT
DE NEMOURS'S MOTION FOR SUMMARY JUDGMENT93/18/2019 @9:58 775-246-3383 THE UPS STORE DAYTON PAGE . #4/a4

To: Charles Tobey From: Toril Kizirian Thureday, March 18, 2010 9:12 AM Page: 5 af 5
Subject: Tobey v. Asbestos Defandants

1 " [declare under penalty of perjury under the laws of the State of California that the
2} foregoing is true and correct.

3 Executed on March 18, 2609, at Dayton, Nevada.

4

: BY pax Aes, —

NYO 4 4
DECLARATION OF CHARLES TOBEY IN SUPPORT OF PLAINTIEF S OPPOSITION TO DEFENDANT DEFENDANT EI, DU PO!
DE NEMOURS’ Rid Nt

8 [ON FOR SUMMARY JUDGMENTExhibit B ©Searined Copy

IN THE SOPERTOR

IN AND FOR THE

CHARLES TOBEY,
Plaintiff,

vs.

ASEESTOS DEFENDANTS

Defendants.

DEPC!

(Pages 4

Taken b

COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY GF SAN FRANCISCO

~-a0one

No. 274226

{BP},

SITION OF CHARLES TOBEY
@4 through 711, inclusive

VOLUME TIE

efore VALERIE L. PADILLA

CSR No. 3081

February 12, 2609

EXHIBIT “

:
|Page 485 Page 487 2
1 INDEX 1 Forthe Defendant Sequota Ventures Inc.
2 EXAMINATION BY MS. VILCHEZ: 491, 508, 510, 523, 2 TIMOTHY ARNESON
526, 543, 551, 557, Hassard Bonnington, LLP ie
3 $86, $94, 605, 607, a Two Embarcadero Center, Ste, 1800
1 627 a0, 64 688, San Francisco, CA 94111-3993 :
5 EXAMINATION BY MS. PASKEVICIUS: $02, $54 5 For the Defendant The Goodyear Tite & Rubber Conspany:
& EXAMINATION BY MS, HOROWITZ: 506, 542, 580, 602, € KRISTIN RICKMAN °
625 Gordon & Rees
7 7 275 Batiery Street, 20th Fioor
EXAMINATION BY MS. BURCH; 508, 548, 618, 675, San Francisco, CA 94111
8 695, 700 @
¢ EXAMINATION BY MR. OCA: 309 9 For the Defendant Owens Ilinats: E
10 EXAMINATION BY MR UNRUH: $22, $84, 607, 641, 1D ROCKY N UNRUH
a 696 Schiff Hardin, LLP
EXAMINATION BY MS. TRACY: 522, 528, $48, 676 ii Sra Plaza, Spear Sueet Tower.
32 "
EXAMINATION BY MS, HOLLENBECK; 34) G San Francisco, CA 94105 :
B : . ies .
EXAMINATION BY MS. ALDERMAN: $93, 702 Tf For mie Defendant Gocidents! Chemical Corporation: i
Mu .
Barg, Coffin, Lewis & Trapp i
as PRAMINATION BY MR. HALL: 606, 692 16 350 Califomia Street, 22nd Floor i
EXAMINATION BY MR. SOLOMON: 619 ; Sam Francisco, CA 94104-1435
16 :
- 16 For the Defeadant Thecmon Marufacturing Company:
17 EXAMINATION BY MR. LEE 639 8 Ne Levies
EXAMINATION BY MR. ARNESON: 678 2 (oi Phone) a. Martie & Ridley, LLP
ts foward, Rome, Marti Y.
EXAMINATION BY MS. GILLEN: 708 1775 Woodside Road, Ste, 200
19 Zi Redwood City, CA 94061-3435 :
EXAMINATION BY MR, BARTEAU: 709 ee |:
20 Por the Defendants ABHI-Crocket, Inc, Douglass iS
yn 23 Insulation Company, [ne., and STM Automotive. i
22 EXHIBITS 24 RICHARD LEE {
23 DEFENDANTS" PAGE - Selinan Breitman
32 EB Identification Card 583 23 33 New Montgomery Steet, 61h Floor
25. £ Copy of Three Photowrnhs $83 San Francisco, CA 94108 _.
Page 486 Page 488},
1 DEPOSITION OF CHARLES TOBEY 2 For the Defendants lic ad Const insulation:
2
DAVID HALL |
3 BE IT REMEMBERED, that pursuant to Notice, and on 3 PRINDLE, DECKER & AMARQ LE
4 the 12th day of February 2009, commencing at the hour of 4 Rat ne see Se toa
5 O00 4 : 4 an Francisco,
5 9:09 am., inthe offices Of AIKEN WELCH COURT 5, go the Detendants Honeywell Intemationsl, Ford Moror
6 REPORTERS, Onc Kaiser Plaza, Ordway Building, Suite 505, Company, General Motors Corportion, tad Daimler H
7 Oakland, California, before me, VALERIE L. PADILLA, 6 Chrysler Corporation:
+ ° 2 1 * CRISTINA CINCO
8 Certified Shosthand Reporter, State of California, pub coe :
3 personally appeared CHARLES TOBEY, produced as a witness jg Four Embawcadero Center, Ste, 2400 6
10 in said action, and being by me first duly sworn, was 3 San Francisco, CA 941 if :
11 thereupon cxamincd as a witness in said cause. an Thoms Dee Engineering Company and
1g === i E. Erickson, Inc.:
13 an
o DANA L. BLRCH
14 APPEARANCES: lz Walsworth, Franklin, Bevins & McCall !
is 601 Montgomery Sirest, 9th Floor ie
7 intiffs: 13 San Francisco, GA 9411)
is For the vA ORZEL 14 for the Defendants Hansos Permanente Cemeni and Kaiser
Brayton Purcell sy, Svea Comeany:
18 222 Rush Landing Road MYLES SOLOMON
16 Bassi, Martini, Buin & Bhi
Novato, CA 94948-6169 351 California Street, Sie. 200
19 W San Francisco, CA 94104
20 For the Defendants Metalclad Insulation Corporation and ie For the MOY maton Company:
Bucyrus International, Inc.: Vasquez, Esteada & Duinont
al 20 Courthouse Square
KATHERINE VILCHEZ n 1000 Fourth Stree, Si 700
‘ an Rafal,
22 McKenna, Long & Aldridge, LLP 22. For the Detendant Plan Insutetion Company:
101 California Street, 41st Floor 23 LAUREN M. HORDWITZ,
23 San Francisco, CA 94411 Lewis, Brisbois, Bisgaard & Smith, LLP
24 a4 One Sans rect, Ste. 1400
25 San Franci CA DAI04-A448

Aiken Welch Court Reporters

C. Tobey,

2
Vol.III,

(Pages 485 to 488)

2-12-09Aiken Welch Court Reporters

Cc. Tobey,

Page 499 Page 491 |
Forte Defendants Goodloe E, More sind Geen Dynami: 1 CHARLES TOBEY, ‘ :
: Jackson & Wallace 2 previously sworn as a witness,
3 £5 Francisco Stet, Sie $09 3 testified as follows: Ee
4 ‘ 4 MS. VILCHEZ: Let's go on the record, E
Foe TE mos & Company: 5 Defense and plaintiff's counse! have agreed to
(via phone) & astipulation. I don't care who puts iton. I'm happy |
; Soo pringte aenue, Suite $00 7 todo it.
a Wainut Creek, CA 94596 8 MS. ORZEL: Go for it. tell you ifyou're
9. For the Defendant Metrapoliten Life Insurance Company 9 wrong
10 DYLAN RUGA . sas gee .
(via phone) 10 MS. VILCHEZ: Plaintiffis notallegingany = &
a ene ass, Suite 2800 11 liability arising from any exposure relating to any of |
12 Las Anngetes, CA 90087 12 his employment or work history starting January Ist,
"Vor the Defendnits Riley Power and Fluoc Corporation: 13 1980 with the exclusion of Tobey's Bar which had a r
M4 LINN GILLEN 14 furnace ripout which we want to cover in the mid to [
15 (via phone) 15 late '80s.
16 rele Sea te sb ¥loo 16 MS. ORZEL: It's Tobey's Lounge. |
Nv Hoot 5
Oakland, CA 94607 17 MS. VILCHEZ: I'm sorry. :
a7 EL: it's & ‘ ine like.
1 cor the Detendant A. W. Creston 18 MS. ORZEL: And it's '86 to '90, something likey
we JESSE JACOBS 19° that. I
via phone) it’ ati }
20 pene Ne ion, Jones, Hake & Keorowski 20 . Just to be clear, it 's only occupational stuff ie
LLP 21. that's covered by the stipulation. |
#3 201 Spear Street, 18th Floor 22 EXAMINATION BY MS. VILCHEZ:
San Francisco, CA 94303 33 Q. Your work. * - Hf
22 . . bb
23 24 All right, sir, we were trudging through your :
28 25 work history yesterday. iS
i
Page 490 Page 492
4. For the Defendants Dursbla Manafactusiny Canmpany and 1 A. Yes. :
:
2 PORE: 2 Q. And we were covering some of your smaller ls
3 LYNN HOLLENBECK on 3 employments and then we're going to go back to Plant and
GIA 3rd Street 4 Western Asbestos because they seemed like they were more
4 San Francisco, CA 94107 joni iy
5 For the Defendant Bayer Cropscience, Ine. and Foster 5 significant, , . .
Wheeler LLC: 6 The next one on the list is Owens-Corning again
& Robe 7 at Chevron or Standard Oil. A
3 (ea phones po g Do you tecall working for Owens-Coming at
ydos, Hugo & Parker iI? :
8 135 Main Street, 20th Floor 9 Chevron oF Standard Oil i
San Francisen, CA 94105 10 A. Yes.
9 seo Wae fi
10. For the Defendant Crown Cork &: Seal Company: woe What was it called af the time? Was it
uw PAGE KREMSER SPENRUD 42 Standard Oil, Chevron, which? Q
R frmutong & Associates 13° A. Standard Oil,
One Kaiser Plaza, Suite 625 14 Q. It's in Richmond, correct?
3 Gakdand, CA 94612 +
1 Far the Defendants CSK Agia and Dillingham Construction AS A. Correct, -
Company: 16 Q. Were you a journeyman or an apprentice?
° BRIDGET MeKINSTRY 17) A. What was the year? 2
1 (via phone} . 18 Q, Til represent that it says '65 on here, but
Becherer, Kannett & Schweitzer
ToSe Powell Street " 19° what do you remember? i
Emeryville, CA 94608 20 A, Okay, I can't recall. That's really close, 1 Ee
21. really don't sevall. :
22  Q. Its kind of right when you turned out. i
23° A. Uh-huh.
24 Q. Isthata "yes"? |

3 (Pages 489 to 492)
Vol. III, 2-12-09Page 493

Page 495 6

L Q. I forgot to ask you: How are you feeling this 1 MS. VILCHEZ: I did. Let's ask the question
2 morning? 2 again. Thank you, Counsel. [i
3. A, Fifty percent. 3 BY MS. VILCHEZ: FE
4 @. Do yau feel like you'll be able to give your 4 Q. Would you know the brand name, manufacturer, |
3 best testimony? 5 supplier of any of the products, materials, or equipment i
6 A. Yes, do. 6 that you worked with or around? ie
7 Q, Did me a favor, if you get tired or you need a 7 A. No. i
8 break in a shorter amount of time than what we decide,| Q. Let me try to help you with your memory. He
3 please tell me. Okay? 9 Do you recail installing pipe insulation on E
10 A. Yes. 10 pipelines used to bring crude oil in from the ships at
11 Q. Are you on any medication that you haven't 11 Standard O11? It could be wrong,
12 previously spoken about? 12 A. Qh, oh, oh. Oh, okay, 1 got you. Thank you. EB
13 A, No. 13 Q. Is that what you were doing? y
14 Q, Did you review anything between the break of [14 A. Yes, we were doing the crude oi] supply lines. i
5 yesterday and this morning? 15. 1 think they're -- that’s what rings a bell with me. by
16 A. No. Twas tired, 16 Q. Se it's outdoor work?
17 Q. That's okay. 17 A. Outside, yes.
is A. So} don't -- yeah. 18 Q. Were there any other trades working around you,
19 Q. That's all right. 19 such as pipefitters or anybody like that?
20 Did you speak to anyone aside from your wife 20 A. No, buh-ub.
21. and your attorney? 24 Q. What type of insulation were you putting on the
22 A. No. 22° pipes? A
23° Q. Let's talk about the Owens-Coming job at 23° A. That) know for a fact? k
24 Standard Oi). It says here approximately six months. | 24 Q. Yes.
25 Does that sound right to you or was it less or more? 25 A. JS don't recall. :
Page 494; Page 436,
1 A. That sounds about right. L Q. Would you know the brand name, manufacturer o:
2 Q. Was it a shutdown, new constructions rebuild, 2 any of the insulation that you or anyone around you
3 do you recall? 3 worked with at this site? He
4 A. i don't recall. 4 A. ¥ don't recall any. fh b
5 Q. Do you recall your job, do you recall what you 5 Q. Would you know who supplied it?
6 were doing? 6 A. No. :
7 A, Neo, H don't. 7 Q. Now, Warren Hasse, did he work on this job with [
8 Q. Deo you recall where in the refinery you were? 8 you or do you remember?
3 A. No. g A. That was Owens? Yes, that would be Warren
10 Q. Do you recall any independent contractors or 10 Hasse.
11. subcontractors or other trades working around you? ai Q. Hasse, sorry. bs
12, A. No. 12 Carl Ramsey? t
13 Q. Would you kriow the brand name, manufacturer, or) 12 A, Carl Ramsey also, yes.
14 supplier of any of the products, materials, or equipment | 14 Q. How about John Small?
15 that you worked with or around? 15 A, Oh, I can't ~ I'd like to say yes. | can’t
16 MS. ORZEL: Objection, lacks foundation, calls 16 place him at that job. i
17 for speculation. 17) Q. How about Jim Clark? i
13 You can go ahead. 18 A. Jim Clark, yes.
13 THE WITNESS: No, I don't recall who it was, 19 Q. Do you know if Jim Clark's still alive?
20 BY MS. VILCHEZ: 20 A. No, I don't, huh-uh. E
21 Q. I'm going to iry to make you remember. 21 Q. Where's the last place you knew where he lived, |)
22 MS. ORZEL: Hold on. You said “I don't recall 22 ifever? :
23 who it was.” 23 A, I never knew where he lived. I sound kind of
24 Did you ask him about brand name, manufacturer, [24 weak here.
25 supplier? 2s Q. How about Don Cox, de you recall him being at
Le LE CE ET a ET = ra

Aiken Welch Court Reporters

C. Tobey, Vol.III,

4 (Pages 493 to 496)
2-12-09Page 457 Page 499
1 that job? 1 A. | really don’t recall what it was.
2 A, Give me one moment here, I've got to stop and 2 Q. You recall installing insulation there?
3 remember. 3 A. L-- yes, uh-huh.
4 Q. Eknow. 4 Q. Do you recall what type of insulation? Were
5 A. Yes, i think }do. 1 think Ido. 5 you working on pipes, equipment, both?
6 MS, VILCHEZ: And everyone that J just spoke 6 A. Piping.
7? about that { didn't ask details about are clients of 7 Q. Do you recall installing any insulation on any
8 Brayton Purcell. Therefore, if you have any interest, 8 pieces of equipment?
9 you can serve the subpoena on Brayton. 9 A. No.
10 Followup on this jobsite? 16 Q. Do you recall working with insulation outside
11 BY MS. VILCHEZ: 11 of the piping work you did?
12 Q, Sir, your next employer is listed as E. 1. 12 A. No, | don't recall, huh-uh,
13 DuPont DeNemoirs. 13 Q. What type of insulation were you installing on
14 Did you work for E. 1. DuPont? 14 the piping?
iS A. Yes. 15 A, I don't recall what it was:
16 Q. Did you work at their facility in Antioch? 16 Q. Was it half-rounds, though?
17 A. Yes. 1 did. 17 A. Yes, uh-huh.
18  Q. Was it new construction, remodel, or renovation | 1& Q. Do you recall using mud?
19 or anything like that? 19 AL Yes.
20 A. Itwas a combination of new equipment and old, | 20 Q. Did you have to put any mastic over it or or did |
21 Q. You said “equipment.” 21° you leave it bare?
22 A. You know, new addition. Re A. That I don't recall, yeah.
23 Q. Okay. 23 Q. Do you know the brand name or manufacturer of]
24 A. And redoing insulation of older equipment where} 24 the insulation or the mud?
25 _they tied in. 25 A. Hum. J don't recall it.
Page 498 Page 500
1 Q. When did this happen, what year, do you know? | 1 Q. Did you see any packaging of the insulation or
2 A. ’60 -- | would say probably ‘65. 2) the mud?
3 Q. What type of facility is the one in Antioch? 3 AL No.
4 A. What is their base, what product do they make 4 Q. Do you know who supplied any of these materials
5 there do you mean? & to this site?
6 Q. Yes, what do they do, 6 A. DuPont usually supplies their own materials,
7 A. i don't know. 7 but, no, | don’t know that they did.
8 Q. But it was a factory of some sort? 8 Q. Now, | will represent to you that your
9 A. Yes, uh-huh. 9 interrogatories state that you worked on boilers.
19° Q. One moment. I'm working slow this morning. 19 Do you recall seeing a boiler at this site?
i All right, sir — di A. Right new do I recall seeing a boiler?
12. A, Might have been -- 120 Q. Yes.
123. . Go ahead. 13 A. No.
14 A. Might have been as far as '67, I'm not really 14 Oh, no, that list.
15 positive. 13 Q. Do you recall seeing a furnace at this site?
16  Q. How long were you there? 16 A. No.
17 A. Short time. 1? Q. Did you or anyone around you work with any
18 Q. Can you -- 18 gaskets?
19 A. Months. A few months, yes. 19 A. Na.
26° @. A few months. 20 Q. Packing material? E
21 Now, you said redoing some old equipment and an{ 21 A. No.
22 addition. Was it an addition on to the building or 22 Q. Did you see any burners at this site?
23 sometimes when they change products they redo the 23 A. i don't recall.
24 equipment inside of a building, what type of work was | 24 Q. Did you or anyone around you work with any
25 it? 2 3. heavy equipment, including ctanes or dump. trucks?
5 {Pages 497 to 500)
Aiken Welch Court Reporters C. Tobey, Vol.III, 2-12-09Page 501

Page 503
i A. No. 1 A, Yes.
2 Q. Do you recall seeing any outside contractors at 2 Q. Do you remember -- strike that. i
3 this site? 3 You said you worked at DuPont for a few months.
4 A. No. +} 4 Isthat correct? i
5 Q. Did you or anyone around you perform any work | 5 A. Yes.
6 involving glues or adhesives? 6 Q. Do you remember what months you worked at
7 A. I don't recall. 7 DuPont Antioch?
8 Q. Did you or anyone around you remove, install, 8 A, No, I don't.
2 repair, or disturb any drywall? 9 Q. And ] apologize if you've been asked this
19 A. No. 10 already, but when was the last time you talked to
La Q. Just to be clear, did you see any other 11 Charlie Chase?
12 insulation contractor there aside from your employer? | 12 MS. VILCHEZ: Asked and answered.
13 A. That] don't recall. 13 THE WITNESS: 1969. |
14 Q. Did you work with Morris Chase there? 14 BY MS, PASKEVICIUS . !
16 A. Yeah, Charlie Chase, Morris they got him in 15 Q. And you don't know where lie is now, correct?
16 there as. 160 A. Yes, [know where he is.
1? Q. Js it wrong? 1? Q. Where is he living now?
18 A. No. Morris Charlie Chase was his name, | 18 A. He's not. He's passed.
19 called him Charlie. 19 Q, Oh, he’s deceased?
20 MS. ORZEL: Did we already talk about Charlie | 20 A. Yes. :
21 Chase? 2i Q. Bo you remember how big of a crew was
22 THE WITNESS: Huh? 22 performing insulation when you were at DuPont Antioch? |?
23 MS. ORZEL: Did we talk about a Charlie Chase? |} 23. A. There were just the two of us. Jt was a small
24 MS. VILCHEZ: No. 24 job.
25 MS. ORZEL: We talked about a Charlie Chase, {25 Q. Do you remember where on the DuPont plant you

Page 502

1 not a Morris Charlie Chase. 1
a THE WITNESS: It's one and the same. 2
3 MS. ORZEL: Same thing? 3
4 THE WITNESS: Back in the ‘30s they hada guy 4
5S with a mustache, his name was Charlie Chase. 1 don't 5
6 know if anybody in the room here is old enough to recall | 6
7 that. 7
3 MR. ARNESON: fam. 8

9 THE WITNESS: Do you recall that? Well, that’s g
10 exactly who he looked like. There you go, that's why he {10
il was - 11
12 Sorry. 12
13 BY MS. VILCHEZ: 13
14 Q. No, it’s fine. 14
15 A. Cause her extra typing. is
16 ~—Q. It makes the day go by faster. 16
17 Sir, we're going to go back to Owens-Corning 17
18 World or Owens-Corning, 18
19 Did you work with -- 13
20 MS, PASKEVICIUS: Excuse me, } have followup on} 20
21 that site. 21
22 MS. VILCHEZ: I'm sorry, go ahead. 22
23 EXAMINATION BY MS. PASKEVICIUS: 23
24 — Q. Sir, this is Ruda Paskevicius. Can you hear me 24
25 okay?

Page 504

were working?

A. No, I don’t recall.

Q. Do you recall attending any safety meetings :
while you were at DuPont Antioch?

MS. ORZEL; Objection, assumes facts.

You can go ahead.

THE WITNESS: At DuPont at safety meetings? By
DuPont you mean?
BY MS. PASKEVICIUS:
. Yes.
. By DuPont? Yes.
, Safety meetings of any type.
. Yes, DuPont had safety meetings nearly daily, i
. And did you attend those meetings?
Yes.
. Do you recall who led those meetings?
. No, I don't.
. De you remember any of the topics that were
discussed at thase meetings?

A, Protection as far as protective eye wear, hard
hats, hard-toed shoes, that type of thing.

Q. Do you remember if respirators were ever
discussed during those safety meetings at DuPont,
Antioch?

MS. ORZEL: Objecti

DPOPOPOPO

overbroai

6 (Pages 501 to 504}
Aiken Welch Court Reporters C. Tobey, Vol.IIi, 2-12-09Page 505 Page 507}

1 You can go ahead. a Go ahead.

2 THE WITNESS: { don't recall. 2 BY MS. HOROWITZ:

3. BY MS. PASKEVICIUS: 3 Q. Do you recall what type of insulation the old
4 Q. Did you ever wear any type of breathing 4 insulation removed -- strike that.

5 protection while you were working at DuPent Antioch? } 5 Did you remove any of the old insulation on
6

6 A. | don't recal). that old equipment?

7 MS. ORZEL: Do you mean just this visit, 7 A. Yes.

8 Counsel? 8 Q. And do you recall what type of insulation you

9 MS. PASKEVICTUS: Just this particular one, 3 removed?
10> yes. 10 A. No, i don't recall.

il MS. ORZEL: Thanks. il MR. OCA: Oca, belated, misstates prior

12 BY MS, PASKEVICIUS: 12. testimony. Sorry.

13 Q. I'm sorry, What was the answer? 13° BY MS. HOROWITZ:
14 A. 1 don't recall if] did or not wear a 14 Q. Do you recall what type of equipment you were
15° respirator, no. . 15 removing insulation from? :
16 Q. And on this particular job assignment at DuPont 716 MS. VILCHEZ: Assumes facts, misstates prior
1? Antioch, did you spend afl of your time outside? 17 testimony. B
18 A. No. 1s MS. ORZEL: Join. E
19 Q. What percentage of time did you spend outside? | 19 Do you remember what type of equipment?

20 MS. VILCHEZ: Assumes facts. 20 THE WITNESS: What type? No, huh-uh.

21 MS. ORZEL: Join. 21 BY MS. HOROWITZ:

22 THE WITNESS: | really don't recall. 22 Q. And the insulation that you installed that we s
23 BY MS. PASKEVICIUS: 23 were talking about before, was that installing I
24 Q. De you remember in which building you spent {24 insulation on the equipment you took insulation off of | ;
25 tine at DuPont Antioch? 25 or is itdifferent?

Page 506 Page 508 .

1 MS. ORZEL: Objection, asked and answered, 1 MS. VILCHEZ: Misstates prior testimony. |

2 vague. 2 believe he testified he only worked on pipes here so |

3 You can go ahead; 3 maybe you should clarify that with him. ly

4 THE WITNESS: No, ! don't recall. 4 THE WITNESS: Maybe. i

5 BY MS. PASKEVICIUS: | 3 BY MS. HOROWITZ; ;

6 Q. Do you remember the name of your foreman at \ 6 Q. Sir, did you only work on pipe insulation on

7 this -- at DuPont Antioch on this occasion? 7 this job?

8 MS. ORZEL: Objection, assumes facts. 8 A. That's all | recall, yes.

9 Go ahead, 9 Q. Thank you,
10 THE WITNESS; Morris Chase, C-h-a-s-c. 10 MS. VILCHEZ: But she did bring up something |;
11 BY MS. PASKEVICIUS: 11 that I'd like to follow up on. l
12 Q. And did you take all of your instruction from 12 EXAMINATION BY MS. VILCHEZ: :
13° Mr. Chase? 13 Q. Sir, the insulation that you removed, do you :
14 A. Yes. 14 know who originally installed that insulation? LE
15  Q. Those are all my questions for right now. 1> A. No, | don't, ;
16 Thank you, sir. 16 Q. Do you know the brand name or manufacturer of} ;
17 A. Thank you. 17 the insulation you pulled off? lL
18 EXAMINATION BY MS. HOROWITZ: 1g A. No. E
19 Q. Thave a few questions, sir. Hi. 19 Q. Do you know who supplied it originally? k
20 You mentioned or yeu testified just a litle 20 A, No. i
21 while ago that you were on this job, you were working on] 21 Q. Thank you.
22 the new addition and also redoing some insulation on 22 MS. VILCHEZ: Keep going. 4
23 some older equipment. 23> EXAMINATION BY MS. BURCH; i
24 A. Yes. 24 Q. Sir, I have just -- |
25

Misstates prior testimony.

MS, VILCHEZ: Hold on, we're not on the phone
aT LEAT TITTLE 7

7 (Pages 505 to 508)
Aiken Welch Court Reporters ©. Tobey, Vol.III, 2-12-09Page 509 Page 511
1 yet. 1 Q. Did you ever work on a submarine at Mare
2 MR. OCA: Sorry. 2 Island?
3. BY MS. BURCH: 3 A, Yes, } worked on a couple of them.
4 Q. Sir, [have a question for you. 4 Q. Do you recall the names of the submarines?
5 Do you know the name of any outside or S A. | should have refreshed it.
6 subcontractors you may have seen at DuPont on this 6 Q.
7 occasion’? 7 A. Yes, do remember one, Drum.
8 MS. VILCHEZ: Assumes facts. 8 Q. The Drum?
9 THE WITNESS: No. 3 A. Uh-huh. f
10 MR. OCA: Asked and answered. 10 Q. Okay.
11. BY MS. BURCH: il A. And the one that sank. | don't remember
12. Q. Quickly going back to your work for 12 offhand, I'm sorry, that’s all | recall,
13 Owens-Corning at Standard Oil, did you see any furnace | 13 Q. Did you work on any ships at Mare Island?
14 or boiler or refractory work at this site? i4 A, Some destroyers.
is A. 1 was going to say, | was outside on that job. a5 Q. Do you reca]} any of those names?
16 That was mostly piping, 16 A. No. No, huh-uh,
17 Q. And] understand you were outside. | just 17 Q. What is the Thresher?
18. still have to ask. 18 A. It's a submarine.
19 Did you see a boiler at that site? 19 Q. Did you work on the Thresher?
20 A. No. 20 A. | think that’s the one I did work on. :
21 Q. Thank you. 21 Q. So you worked on the Drum, the Thresher. Are
22 MS, VILCHEZ; Anybody else? 22. those the only two subs you recall working on? |
23 On the phone? 23 A. Yes, uh-huh,
24 EXAMINATION BY MR. OCA: 24 Q. And how many ships, even though you don't
25 Q. Hi, Mr. Tobey. i25 remember the names? }
Page S10 Page 512]
1 I think this was asked and answered. At this 1 A. Two for sure.
2 time when you were at E. J. DuPont, this is Robert Oca,} 2 Q. Two destroyers?
3 were you a journeyman? 3 A, That's all ] recall. Two destroyers, yes.»
4 . M8. VILCHEZ: Asked and answered. & MS. VILCHEZ:; Sorry, Val.
5 MS. ORZEL: It wasn't, 5 BY MS. VILCHEZ:
6 MS. VILCHEZ: I'll withdraw. 6 Q. And did you work out of a shop at Mare Island,
7 THE WITNESS: 1 don't recall. 7 the insulator shop or whatever, or did you work only
8 MR. OCA: Thank you. | 8 aboard a vessel?
9 EXAMINATION BY M§. VILCHEZ: Bo A. No. We got there, we went directly aboard a
io Q. Sir, we are back to Owens-Corning. 10. vessel.
a1 Did you work for Owens-Corning at Mare Island? | 11 Q. Do you recall who you worked with at Mare
12 A, Yeah. 12. Island?
13 Q. For how long? 13 A. Oh, Lordy. No, | don't recall.
14 A, Short amount of time. In months, nat years. 14 Q. And you're positive your employer was
is Q. Are we talking one month or six months or nine? |}15 Owens-Corning?
16 A, Been too fong ago to remember. 160 AL Yes.
7 Q. Do you think you worked there for six months? | 17 Q. Were they the only insulating subcontractor at
18 A. 1 would just be guessing. 18 Mare Island aboard these ships when you were working
is Q. Do you think it was longer than two months? 19 aboard them?
20 A, [believe so, uh-huh. 20 MS. ORZEL: Objection, lacks foundation, calls
21 Q. Did you work at any other shipyard aside from | 21 for speculation.
22> Mare Island for Owens-Corning? 22 You can go ahead.
23 A. That I don't recall. 23 BY MS. VILCHEZ:
24 Q. And Mare Island is in Vallejo, correct? 24 Q. As far as you know,
25 A. Correct. A. As far as Lknow, yes.

ST TA

Aiken Welch Court Reporters

C. Tobey,

8 (Pages 509 ‘to 512)
Vol.III, 2-12-09Page 313 . Page 516

1 Q. Now, do you recall if you were a journeyman or 1 A, No. Fe
2 an apprentice? 2 Q. Do you know the maintenance history on the Drum i
3 A. Hum. [believe | was a journeyman. Not 3 or any of the equipment or products on the Drum? E
4 positive. 4 MS. ORZEL: Objection, assumes facts, lacks :
5 @. Can you give me a time period at which you 5 foundation, calis for speculation, averbroad. :
6 worked for Mare Island, during which you worked at Mare! 6 You can go ahead.
7 Island? 7 THE WITNESS: | would have no idea. i
8 4. Didn't we just cover that? Was it just months? @. BY MS. VILCHEZ: i
9 MS. ORZEL: Do you mean the year? 9 Q. Do you know the name, silly question, do you

10 MS. VILCHEZ: Yes. 10 know the name of any contractor or subcontractor that

il MS. ORZEL: Could you give her a year? ii may have worked on the Drum prior to you boarding the ;

12 THE WITNESS: Oh, it's early. ‘60 ~ oh, Lord 12 Drum? K

13 1 would just be guessing. 13 MS. ORZEL: Same objections.

14 BY MS. VILCHEZ: 14 You can go ahead. .

15 Q. Can you give me a best estimate, like was it in 15 THE WITNESS: No. EH
L6 the ‘60s? 16 BY MS. VILCHEZ: Le

1? A. Yes, it was in the '60s, mid ‘60s. 1? Q. What area of the Drum -- i
18 Q. Mid ‘60s? 18 First of all, how was the Drum powered? Ef

19 A. (Witness nods head.) 19° A. Nuclear. :

20 Q. Fortunately or unfortunately, the way this 20 Q. What part of the Drum were you working on?

21 works, we have to go through each sub/ship separately. 21 A, We were working around the turbines and some of |

22 So which one do you recall the best, the Drum, 22 the supply piping that comes into and out of the !

23 the Thresher, or the two destroyers? 23 turbines for steam, high-pressure steam, }

24 ~~ A. Drum mostly. 24 Q. What did these turbines look like, sir?

25 Let's talk about the Drum, then. 25 A, Like a turbine, They're a big thing like this .

Page 5i4 Page S16

1 Out of the months that you were at Mare Isiand, 1 with a bunch of bolts around them and a shaft going
2 how many months do you think you worked aboard the Drum?! 2 through them and they’ve got veins inside them and the
3 A, Don't have the foggiest idea. 3 steam goes through there and turns the propellers, |
4 Q. Do you think it was months or weeks? 4 Q. So it looked like a typical turbine; is that t
5 A. Weeks. 5 correct? :
6  Q. Weeks. 6 A. Like 4 typical turbine, iE
7 Do you think if was less than a month? 7 Q. Did you actually work on the turbines ie
BA. Yes = themselves? i
5 Q. What was going on with the Drum’? In other 9 A, No. Linsulated them, that's all. L
10 words, was it heing overhauled, was it being built? 10  @. But you insulated the turbines, not just the :
LL A. Na, it was-- it was like an overhaul or 4 -- 1 11. piping; is that correct? Y
12. don't think they called them overhaul, Refi. Not 12 A. Yes, uh-hub. Ly
13 sure. 13 @. Did you see anyone at any point in time when :
14 Q. This és the first time you had been working 14 you were aboard the Drum perform hands-on work on these}
18 aboard a vessel or -- 15 turbines? iE

16 A, No, no, | worked at shipyards a lot. Not just 16 A. Other than insulators?

1? at Mare Island. 17 Q. Other than insulators.

18 Q. And we're going ta cover some of those either 18 A, No.

12 with Western Asbestos ar Plant -- 1g Q. So they were never opened up in your presence;

20 A. Yes. 20 is that correct?

21 Q, - or some other employer. 21 A. No, buh-uh,

22 AL Yes, 22 Js that correct?

23° Q. 10 you know where the Drum was built? 23 A, Correct.

24° ~~ A. No, I don't, 24 Q. Do you know the maintenance history on those

Q. Do you know where

it was commissioned?

Aiken Welch Court Reporters

Cc. Tobey,

9 (Pages 513 to 516)
Vol.III, 2-12-09Page 517

Page 519}

1 A. No. 1 range of the pipe that you worked on?

2 MS. ORZEL: Same objection. 2 A. 1] don't recall it.

3 BY MS. VILCHEZ: 3 Q. Do you recall what type of insulation you put

4 Q. Do you know the brand name or manufacturer of | 4 on the pipes? Was it half-rounds?

S_ the turbines that were aboard the Drum? 5 A. Yes, it was half-rounds.

€ A. No. & Q. Do you recall seeing the packaging for the :

7 Q. Did you have to remove any insulation to 7 half-rounds? :

8. perform your work aboard the Drum or was it already 8 A. ] don't recall. H

3 removed? 9 Q. Do you know the brand name or manufacturer of|
1a A. ft was already removed. 10. the half-rounds?

LL Q. So you were installing what type of insulation il A. No.
12 on the turbines themselves? 12 Q. Did you have to use any mud or any mastic or
13 A. Multi layers of blocking. 13 anything to do your work on the pipes?
14 Q. What type of blocking? 14. A, No. :
15 A. That | don't recall. 15 Q. So you just strapped it on? How did you make
16 Q. Do you recall seeing any of the packaging for 16 the half-rounds stick? H
17 any of the blocking, if there was any? 17 A. You used stainless wiring aboard a nuke ship ie
18 A. No. 18 and then used stainless steel sheet meta] on the outside
19 Q. Do you recall seeing any writings, markings, or ;19 instead of mudding. E
20 Jogos on the block itself? 20  Q. That's fine. E
21 A. No. 2i Did you have to disturb any of the insulation
22 Q, Do you know the brand name or manufacturer of | 22 that existed aboard the ship in performing your work? F
23 any of the block that you or anyone around you installed) 23 MS. ORZEL: Objection, vague and ambiguous. :
24 on the Drum? 24 Go ahead.
25 A. [don't recall, no. 25 THE WITNESS: 1 don't recall on that, no.

Page 518 Page 520 :

1. Q. Do you know who’supplied the blocking? 1 BY MS. VILCHEZ:

2 A. No. : 2 Q. Do you know the brand name, manufacturer, i

3 Q. Do you recall working with any mud or mastic or | 3. supplier of any of the equipment or materials, including :

4 anything like that when you were working on the turbines}. 4. insulation, that was already aboard that ship?

5 themselves? 5 MS. ORZEL; Objection, overbroad, lacks :

6 A. Yes. € foundation, calls for speculation,

7 Q. What, which one or both? 4 Go ahead.

8 A. Itwas a high temp mud. 8 THE WITNESS: No.

g Q. Did you mix it? 9 BY MS. VILCHEZ: :
10 A. No, it was mixed for us. 10 Q. Did you see any other trades working around youl;
11. Q. Did you see the packaging that it came in? 11. on this site? E
12 A, No. 12 A. Just the shipfitters, :
13. Q De you know the brand name or manufacturer of | | 13 Q. Shipfitters? E
14. the mud you used? 414 A. Mare Island guys. i
15 A. No. 15 Q. What did they do?
16  Q. Do you know who supplied the mud for that job? | 16 = A. They were working on their individual jobs. :
17 A. No. 17 They were just milling around us. J didn't visually see
18  Q. Isthis the first time you were aboard a sub? 18 them do anything.
19° A. No. 19 Q. Do you know who employed the shipfitters? ;
20 Q. We're going to go back to whenever the first 20 A. No, I don't. :
21 time was. 21 Q. Do you know if there was a general attached to
22 You also warked on the pipes? 22. this job? There typically is not, but do you know if
23 A. Yes, uh-huh. 23. there was somebody running the job? :
24 Q. Do you know -- strike that. 24 ORZEL: Was there a general contractor?

25 What were the diameter -- what was the diameter 25 THE WITNESS: General contractor? General,
= SE SS TASTE m 7

10 (Pages 517 to 520)
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Cc.

1 that's not Navy. No, | don't know. 1 EXAMINATION BY MS, VILCHEZ: i
2 BY MS. VILCHEZ: 2 Q. Let's move on to the Thresher.
3 Q. Do you know the name of any contractor that may | 3 Another sub, correct? :
4 have been at Mare Island at all when you were there? 4 A. Ub-huk.
5 MS. ORZEL: Overbroad, lacks foundation, calls 5 Q. How long were you aboard that sub? Is
6 for speculation. 6 A. That was just like a day. I
7 Go ahead. 7 Q. Do you recall what you did aboard that sub?
8 THE WITNESS: ] don't recall, no, huh-uh. 8 A. It was some minute little thing with a steam
9 BY MS. VILCHEZ: 9 line or samething. I don't really recall offhand. It's
1¢ Q. Did you or anyone around you perform any work {10 a small little item that we had to go in and reinsulate.
11. with any gaskets? i Q. Did you have to remove insulation?
12 A, No. 12 A, | don't believe so.
13 Q, Packing? 13 Q. Do you believe it was on a pipeline?
14 A. No. 14 A, It was on a pipeline, | recall that. E
15 Q. And J know there's not a boiler but I've got to 15 Q. Do you know the brand name or manufacturer of
16 ask: Did you see a boiler aboard this submarine? 16 any of the insulating products you used? IE
17 A. No. 17 A. No. :
18 Q. Did you or anyone around you perform any work | 18 Q. Did you see any writings, markings, or logos on |:
19 that involved heavy equipment, including cranes or dump] 19 any of those products or any of the packaging in which |
20 trucks? 20° they may have come? E
ai A. No. 21 A. No, i
22 Q. Did you or anyone around you perform any work | 22 Q. Do you know who supplied any of those products};
23° that involved glues or adhesives? 23 outside of your employer? :
24 AL No. 22 A, No. ,
25 Q._Do you recall anyone performing work around
Page 522 Page 524];
1 recall anyone that worked with you there? 2 you? e
2 A. Whew. No, I don’t recall. 2 A, No, F
3 Q That's okay 3. Q. Do you know where this sub was built? It
4 MS. VILCHEZ: Followup on this one sub? 4 A. No. E
5 EXAMINATION BY MR. UNRUH: 5 Q. Do you know the maintenance history on this l!
6 Q. Let me ask, Mr. Tobey, did you have to remove 6 submarine? i
7 any pipe insulation in performing your work on the Drum? 7 A. No. (
8 MS. VILCHEZ: Asked and answered. & MS. ORZEL: Objection, overbroad, lacks E
9 THE WITNESS: i don't believe sa. { can't say 8 foundation, calls for speculation, assumes facts.
10 definite no or yes. 10 THE WITNESS: Do | reanswer? Ke
11 BY MR. UNRUH: 11 MS, ORZEL: No, I'm done. You're fine, i
12. Q. As you sit here today you don't recall having 12 THE WITNESS: Okay. Sorry. 4
13° done that? 13. BY MS. VILCHEZ:
14 A, Correct. 14 Q. Do you know the name of any contractor or
15. Q, Thank you. 15 subcontractor that may have worked aboard this submarine!
16 A. Uh-huh. 16 prior to you boarding it? :
17 MS. VILCHEZ: Any other followup on the sub? i? MS. ORZEL: Same objection. E
18 MS. TRACY: Yes. 18 ‘THE WITNESS: No. LE
19 EXAMINATION BY MS, TRACY: i9 BY MS. VILCHEZ: |
20 — Q, Sir, who supplied you with all your materials 20. Q. Do you know who installed whatever insulation :
21 and products? Was it your employer? 21 was existing aboard this sub when you boarded it?
22 A. Yes, 22 MS. ORZEL: Same objections.
23 Q. Thank you. 23 BY MS. VILCHEZ:
24 MS. VILCHEZ: Anyone else? Za Q. Do you know who the previous — i
25 if 25 A. Ne. Bi
oe = SRE ATT Pome a

521 to 524)
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11 (Pages

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1 Q. Do you know the brand name, manufacturer, or 1 destroyers were done like in conjunction with one
2 supplier of any of the existing materials or pieces of 2 another.
3 equipment aboard this submarine? 3 Q. So they brought two destroyers in to do
4 MS. ORZEL: Same objections. 4 basically the same work on the destroyers; is that
5 THE WITNESS: No. & correct?
6 MS. VILCHEZ: Followup? 6 A. Correct, :
7 MS. TRACY: Yes, sir. 7 Q. And you did work aboard both?
§& EXAMINATION BY MS. TRACY: 8 A. Uh-huh.
3 Q. Sir, did you have fo have a security clearance 3 Q. Is thata "yes"?
10 to work on the Drum or the Thresher? id A. Yes.
ai MS. ORZEL: Objection, vague. al Q. Out of your stay at Mare Island, how long were
12 THE WITNESS: | don't recall if we did. 12 you aboard these two destroyers?
13. BY MS. TRACY: 13. A. That was the bulk of the time. | can’t
14 Q. De you know who built the Drum or the Thresher?} 14 specifically say days, weeks, whatever it was. ] can't
18 A. Pardon me, | -+ 15 specifically say.
16 Q. Do you know who built the Drum or the Thresher?) 16  Q. Do you think it was af least a month?
17 A, No. Le A, Between the two, probably a month, i
18 Q. Do you know when either the Drum or the ig Q. Did you, | know that they were in for the same
19 Thresher were built? 19° essential refitting, did you do the same essential job
20 A, No. 20 aboard each destroyer or did you work in different parts
21 Q. And did you have to work with any glues or 21 of--
22 adhesives on the Thresher? 22 A. No, we essentially did the same.
23 A, It don't recall. 23 Q. Can you describe for me what you did?
24° Q. Thank you, sir. 24 A. Yes. We -- they had some ducting work that I
25 A. Uh-huh. 25 recall from the pilot house, | guess it's a pilot house
Page S26 Page 528
i EXAMINATION BY MS. VILCHEZ: 1 aboard a ship, | don't know, where they steer it .
2 Q. Did you or anyone around you perform any work | 2 Anyway, we done some ducting work up there with rigid
3 that involved any gaskets or packing material? 3 board and a canvas covering and Arabo) and then there
4 4. No. 4 was some high -- they had high-speed turbines in
5 MS. VILCHEZ: Any other followup? 53 them 'cause they were really fast. It was the high
6 MS. TRACY: I think you asked whether or not he} 6 pressure -- I don't recall what they're called.
4 knew of any contractors or subcontractors that were on | 7 Anyway, they're high pressure lines and low
8 board before you were there. 8 pressure lines in a turbine. We done both sides of the
3 Were there any contractors or subcontractors on 9 turbine and the turbine ‘cause it had been removed prior
19 board the Thresher when you were there? 10 to our getting there.
a4 MS. VILCHEZ: Asked and answered. al Q. So it sounds like you reinsulated the turbine
42 THE WITNESS: No. 12 aboard both ships.
13 MS. TRACY: Thank you, 13 A. Yes.
14 BY MS. VILCHEZ: i4 Q. One turbine or more than one turbine on each
45 Q. You recall working on two destroyers; is that 15° ship?
16 correct? 16 A. Oh, I don't remember. There was two turbines
17? A. Yes. 17 aboard them, | believe we only did one.
1g Q. You do not recall their names: is that correct? 18 Q. On each ship?
19° A. No. 19 A. That's as close as } can recall.
20 Q. Is that correct? 20 Q. Now, how were these destroyers powered? Did
24 A. Correct. 21. they have boilers in them?
22 Q. Do you recall the difference in the jobs? 22 A. Yes, they had boilers,
23 A. I think they were both in for refitting. These 23 ©. Now, how many boiler rooms -- strike that.
were both -- other than the Thresher and Drum, those Let me ask you first: Were the turbines and
were done at different times during the stay there. The the boilers i in the same room or was there an en ine roomy

Cc. Tobey,

12 {Pages 525 to 528)

Vol.III, 2-12-09Aiken Welch Court Reporters

Page 529 Page 531
1 and a boiler room separate? L A. No.
2 A. Irwas a bulkhead separating. 2 Q. Did you see anyone performing any hands-on work};
3 Q. There was a bulkhead separating. You had to 3 on the boiler itself at all? . E
4 crawl over or go up and back down? 4 A. Other than lighting them off? i
5 A. No. You took a walkway. You took a ladder up 5 Q. What do you mean by "lighting them off"?
6 and walkway. 6 A. They take a big wire and light it on the end
7 Q. I didn't mean literally crawling, sorry. 7 there and they Jiterally turn on the nozzle and light it
& A. That's what you said. 8 off.
9 Q. Up, over, down, correct? 9 Q. So they were --
10 A. Correct. 10 A. I seen that happen, yes. .
1 Q. Did you ever work in the boiler room? ii Q. They were