Motion-Secondary: GODOFREDO PIQUE VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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ATTORNEYS AT LAW
P OBOX 6169
NOVATO, CALIFORNIA 94948-6162
(A15} 898-1855

BRAYTON*PURCELL LLP
222 RUSH LANDING ROAD
BwoN we NY HM NR N pe Se He eS
Se WR A BF YH B&B SSE we AID

ALAN R. BRAYTON, ESQ,, 8.8. #73685
DAVID R. DONADIO, ESQ., S.B, #154436

ANNE T. ACUNA, ESQ., S.B. #245369 ELECTRONICALLY

BRAYTON“PURCELL LLP

Attorneys at Law ‘ FILED

222 Rush Landing Road Superior Court of California,

P.O. Box 6169 County of San Francisco

Novato, California 94948-6169 NOV 16 2011

(415) 898-1555

Tentative Ruling Contest Email: céntestasbestos TR@braytonlaw.com oy once
Deputy Cle

Attorneys for Plaintiffs ‘

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

ROSITA PIQUE, as Wrongful Death Heir, ASBESTOS

and as Successor-in-Interest to No. CGC-08-274659

GODOFREDO PIQUE, Deceased; and

MARLENE SANCHEZ, GREGORY EXHIBITS H-R_ TQ DECLARATION OF

PIQUE, FREDERICK PIQUE, as Legal ANNE T. ACUNA IN SUPPORT OF

Heirs of GODOFREDO PIQUE, Deveased, PLAINTIFFS’ OPPOSITION TO
DEFENDANT HONEYWELL

Plaintiffs, INTERNATIONAL, INC.’S MOTION FOR

SUMMARY ADJUDICATION

vs. .

DANA COMPANIES, LLC (FKA DANA

CORPORATION); Defendants as

Reflected on Exhibit | attached to the

Summary Complaint herein; and DOES
-8500.

Date: December 1, 2011

Time: 9:30 a.m.

Dept: 503, Hon. Teri L. Jackson
Trial Date: December 12, 2011
Action Filed: May 8, 2008

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HK tnlurod\ 0950s gidseHUIDITS H-R-doe-ATA-RONE YW pd 1 ATA
EXHIBITS H-R_TO DECLARATION OF ANNE T. AGUNA IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT
HONEYWELL INTERNATIONAL, INC.’S MOTION FOR SUMMARY ADJUDICATIONExhibit HNovember 28, 1972

Me, J. 8. Belly

fendix Corporation

L2L7 8. Walnue Street
fouth Bead, Indiana 466621

Dear Jack:

Thia concerns our discussion concerning labeling requirements vhere
drake linings. are being shipped to customers.

In attempeing ta determine vhat practice one cust use, OSBA has stared
that 12 one ie meeting the spirit of its regulations {tt will not he
eitad for violations. Am a result of this, 1¢ Lacomes uscessary to
interprec some of Che OSHA regulacions. [ am enclosing with this

lancer copies of letters written by the Exacutive Secretary for the
Asbestos Information Association (AIA/NA), You will nore on these
reports thac Mr. Aruserong, from Bendix corporate headquarters, attended
these caetings.

There is absolutely no question concerning the requtrements for lahaling
vhera loose asbestos f9 being chipped. ‘the big problem develops where
mesbears are shipping what the ALA and OSHA refer to as locked in
asbestos products = braka Linings, brake blocks, clutch facings, atc.
When customers of yours drill linings, chamfer linings, cut linings, or
grind Lintuge,. they-asy very wall raise the asbestos concentrations in
the atmosphere to abowe the OSHA standard. Some senbers have. indicared.
that the drilling and grinding operactons are problem sree. in brake
lining factories with existing exhaust systaus. Therefore, if a
eustonar of yours started drilling or grinding without hawing proper
dust collectors, he would probdbly be in vagiation of the OSHA standard.
le therefore becomes your respousibilicy, as the supplier of the brake
liming, to warn the customer of this peseibility. The form vhich the
varning takes fe atill not definice buc she best guidance seems to be

Lf you meen the spirit of tha regulactons you will not be cited for a
violation. Therefore, “2 you cewédo > puc in every ona of your skids,

cr cartons, of pallets, a varaing notice to the effect: “Power tools
without dust collectors should nat be used for machingng, cutting, or
saating this product.” Tf a notice such as this were enclosed vith
avary carton, or steanciled on che outside of the carton, it ts likely
thar you vould be weatdag the spirit of che cagulacions, =f vou vere

to write your custoset aad tell him about chis with every shipment cade,
rou would probably be also seecing the spirit of the regeiarions. If
vou send a one tine letter co your customer saying this, it ts hard to
aay waechar you vould be weeting che spirit cf the regulacdions.

1

No. 3we, 2. 8. Rally
Sendix Comsoracion ade November 22, 1972

Laz enclosing @ copy of the varning label suggested ia cha OSEA
vegulations where loose asbestos fibers area baing shipped, and the
"Tngesuction Sheet" suggested woere a customer is to do furcker
machining on clutch faciegs, brake lining, etc.

I hope this is enough information for you. Dave Stone attended our
most recent Asbestos Study Committee Meecing vhere the subject of
labeling vas brought up. Your Mr. Armstrong ia aware of sous of
the controversy concerning labeling. The current survey indicares
that no sexhers are now labeling shipments. 4 alighe cajority of
those responding to date indicate that they interpret the OSHA

" regulations to require some kind of a warning where subsequent work
ia to be done on brake linings. This is controversial: item for the
Tasticuce fm that some senbers feel that one or two companies are
tryiag'co railroad them ince labeling. Another group of compantes
feal.that we should. couply with the-epirte-of the law now and tf is
not fais if they de the proper Labeling and their coupatition does
nats.

Sincerely,

FRICTION MATERIALS STANDARDS INSTITUTE

E. We Drislena
. Executive Director
EXO: lis
Eac.Exhibit IOr. Morris Kleinfeld, Director
New York State Dept, of Labor
Division of Industrial Bygiene
Campus Buliding
Albany, New fork

Dear Doctor: .

Please send ae a copy of the Pre-employuent

Questionnaire that you talked about at the

Assocfated Industries Dust Disease Workshop,
Very truly yours,

o THE BENDIX CORPOPATION
7 Marehall-fclipse Oivision

Arthur J. 8t. John ~
Safety SupervisorExhibit J- 0610220%¢4

M, sTOLAA Oat, Lb, 966
A, 8. Jom ASBESTOS é
@ BLAIS Bealth Repect

he CALERA é

sag o

” ip copy of page 7, Chemical Hook wnganine of Gctobar 6, 1966, disclosen @ couple
of letcers celutiog the article appearing ie the saw pertodical om Bapt. 10, 1566,

Tuls mey belp to quiet the four Chet wae woused by Dr. Selikelfi'a etigaetic re-
port en “Lung Coacer from Asbestoe",

The Purchasing Sepactaent hes @ file om the entire subject facluding the Caned lan
Reelth Department report of Mey 30, 145, when the subject vas previously facited,

MR. A, Mercia
CAR BAM

AttechmentExhibit K\

PLAIN TIRE >

JOHNS-MANVILLE
ASBESTOS FIBRE DIVISION

PO 8le SS FO MANWEON 3 28335 * TELEPMONE 7229000 ¢ AREA CODE 3c:

wl

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fier
ps TRARY 7, 2529

My. Easry Stoler
General Meng
Friction Mets
Bendix Corporat:

» Nev Yorke

is Division

Dear Mr. Svolar:

gore talking with you yesterdey and as you requested?

fen enslosing teo cozies of our position pepar on Astestos with ~
regars to envaroanental healts. If there ds anything forst
naeé on this, please let me know because we do have ex Enviro:
Healts group in d-M who are equipped to help our customers.

It ves @ P

Very truly yours,

2 G. DONOVAN

PRODUCT MARKETING MANAGER ~ A.F.D.

pf 4 eae!
se Zz. face ‘ ,
f bf oot J han
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a omyASBESTOS AND HUMAN HEALTH

INTRODUCTION

Asbestos, known since antiquity, has wide-spread and important
applications in our modern industrial society. With the 26th Century
burgeoning of the uses of asbestos has come recognition of the need to
cope with occupational hazards associated with excessive inhalation of
asbestos dust. This statement summarizes the essential uses of astest
the known facts about health problems associated with occupational exp

to asbestos dust, and the research being conducted to identify and red

these health risks.

AN ESSENTIAL PRODUCT

Asbestos has many essential functions in construction, in indust:
and in transportation. Over the years fireproof asbestos has saved
thousands of lives and much valuable property. For safety, fire prev
and other reasons, products containing asbestos are used in schools,
houses, theaters, ships, office and other public buildings, furnaces,
boilers and firefighting equipment. The brakes on automobiles, truct

buses and trains are dependable because asbestos is ® major componen!

brake linings.

Mawel nas=

WHAT 1S ASBESTOS?

Asbestos (from the Greek "unquenched") is the name given a family
of mineral fibers comprised of three major types -- chrysotile, erccids!
and amosite - - each of which differs from the other; physically and

chemically. Studies of the relationship between asbestos and health ar

complicated by this diversity,

Chrysotile is a white magnesium silicate, can be attacked by acids,
bas a positive electrical charge, is flexible and not easily pulverized
Crocidolite is a blue ferrous sodium silicate, is acid-resistant, has
a negative electrical charge, and is less flexible than chrysotile,

~

Amosite is a ferrous magnesium silicate with a negative electrical char

is brittle and easily pulverized.

In the United States, chrysotile, amosit# and crocidolite are all
used, by chrysotile is by far the most common, accounting for about 90

per cent of the asbestos consumed in this country.

R R_G 1,

tn studies of asbestos exposure and human health, research has nc
shown evidence of any risk to the general public from the use of finis
asbestos products. There is no scientific evidence that anyone has e
contracted any disease from exposure to the wearing or weathering of

linings, floor tile, roofing or other products containing asbestos.

The lungs of workers known to have repeated exposure to the inhiof asbestos fiber over a period of months or years contain myriads of

amall microscopic sized structures composed of fiber coated with layers
of protein and_iron pigment. The fiber within the coating, under the
circumstances, is assumed to be asbestos and the small unit therefore

is called an “asbestos body.” These bodies are found in the lungs of
those who are occupationally exposed to asbestos fibers, regardless of
whether or not there is any coexisting evidence of asbestosis. Therefor,

the bodies, as such, are not an indication of disease but rather only of

previous exposure to asbestos fibers.

Recently, by utilizing special techniques, it has been shown that,
the lungs of persons from the general population rather frequently
contain a very scant number of similar small bodies composed of a fiber
coated with protein and iron pigment. In these instances, it cannot be
assumed that the fiber of these bodies is “asbestos,” since other fibrous
materials are known to develop a similar appearance within the lungs. Fo

the present, the term “ferruginous” or iron-coated bedy is more appropria

The finding of ferruginous bodies in such small numbers in no way
indicates that disease caused by asbestos fiber coexists and the presence
of such bodies does not, in any way, justify a diagnosis of asbestos-
caused disease. If it is ultimately shown that these small bodies are in
fact protein covered asbestos fibers their wide dispersion in the popula-

tion would not be too surprising in view of the many opportunities, from

Mer etude ea Bnd ldine manebersbian § fav @ amall number af asbestos-4-

breathes. The presence of these few fibers bodies in the lungs of the
majority of the population is not associated with specific lung disease
simply reflects the chance inhalation of fibrous material. the complete
implications of large numbers of ferruginous bodies within the lungs

await further research. .

KNOW_AND SUSPECT OCCUPATIONAL RIS

For workers who handle asbestos fibers in mines, mills, factories,
and some building and insulation trades, the industry shares with
doctors, public health officials and others involved in industrial
medicine a concern about possible health effects from excessive on-Phe-;

exposure to asbestos dust.

ASBESTOSIS: The industry long ago recognized the risk of a particu!
lung disease called asbestosis among some workers and took steps to safe
guard employees. Thia non~malignant disease is brought on after inhala

of excessive concentrations of asbestos dust over a period of many year:

Asbestosis is one of the lung diseases called pneumoconioses, Oth:
are silicosis, from silica (stone) dust: talcosis from talc, anthracosi
from coal dust. These are considered industrial health risks against

which the various industries have instituted protective measures,

For years, the asbestos industry has taken protective measures to

reduce excessive axnosures to asbestos dust and the risk of asbestosisRON EN LUN! CER: The industry is aware of some medic;
studies that have reported an association between excessive exposure |

asbestos dust and an increased risk of @ certain type of lung cancer
(bronchogenic) « Even though the number of these cases among asbeates
industry workers is only a small fraction of the total employed, the
industry considers the problem a serious one. Tt has become the sus
of considerable scientific fesearch through statistical, clinical and
pathological studies of exposed workers; thmugh experimental studies
laboratory animals: and through studies of the physical and chemical
nature of asbestos and associated minerals. Recent studies have sugg
that the trace metals often found with asbestos dust (nickel, cobalt
chrome} should be examined more closely. .
In 1967, results of a study of deaths occurring among a group.o!
insulation workers indicated that occupational exposure to asbestos ¢
increased the risk of lung cancer but only among cigarette smokers.

Although the number of deaths involved was small, the study showed nic

cases of lung cancer among insulation workers who were non-smokers.

MESOTHELIOMA: Also under study is a rare disease called mesoth:
a tumor of the chest and abdominal cavity which is different from bri
genic lung cancer. Recently, investigators have associated a freque
cases of mesothelioma with exposure to asbestos in certain geographi:
locations. ‘This was originally reported from South African areas wh

only crocidolite asbestos is produced.&

~6-
accurate figures on its occurrence in the U.S. ase whole. In Britain,
only two cases are-currently being reported for every thousand cases of
lung cancer. “The search for the cause of such a rare disease is
difficult, particularly since medical people themselves do not agree on

its diagnosis and recognition. The asbestos industry, through researcn

grants, is seeking more knowledge about mesothelioma.

INDUSTRIAL HYGIENE AND PREVENTIVE MEDICINE

Today, the asbestos industry has invested millions of dollars in
equipment and techniques to prevent the inhalation of asbestos dust by
workers in the minang and milling of asbestes and in the manufacture
of asbestos-containing products. Johns-Manville continually strives to
eliminate dust exposure in the mines and plants which it operates.
Processing areas and machinery are equipped with dust-collecting devices
Atmospheric dust levels are regularly monitored. Filters and ventilator
have been installed. Individual respirators are used where indicated.

Employees are given physical examinations, including chest x-rays, on i

scheduled basis.

A program of consultation with asbestos fabricators and applicator
is carried on to provide a thorough understanding of potential risks an

te encourage general adherence to sound industrial hygiene practices,

Studies in asbestos-using industries in Engand and the U. S.

indicate that where dust control measures have been taken, the risks2

ASBESTOS TH

Scientific research to identify and reduce the health risk fron
asbestos dust exposure is being conducted in many places throughout ¢
world. The asbestos industry both sponsors such research and cooper:

in work being done by government agencies and private medical invest:

Johns-Manville has extended full cooperation to the u. $. Publi:
Health Service in its study of asbestos processing plants. In addi:
the company provides funds, asbestos materials, equipment and inform:
as the individual situation may require, for research of such organi:
as: The Industrial Hygiene Foundation of America, The Asbestosis *
Research Council (headquartered in Great Sritain), The Institute of
Occupational and Environmental Health in Montreal, The Environmental
Health Canter at Mt. Sinai Hospital and others. Johns-Manville als

conducts studies on technical aspects of asbestos in its own Researc

and Engineering Center at Manville, New Jersey.

Among the subjects scientists are now exploring are: the
specific identification and health significance of fiber-like (ferru
bodies found in lung tissues; the health of asbestos mining, proces
and fabricating workers compared with the ganeral population; the
relationship between cigarette smoking and cancer among asbestos ir
workers: the accurate identification of particles found in the air

major industrial city: and the development and evaluation of the m

yo. fg gg gn ane a ehheaetasg indll

In cooperation and in conjunction with other agencies, the
asbestos industry-will continue to seek new information about the
biological effects of mbestos fiber and to develop ways of assuring
maximum possible protection from occupational hazards, for its employee:

in asbestos mines, mills and plants and among fabricators and “applicato:

of this essential material.Exhibit L22

23

COPY

040583
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

WENDY BOOK,

Plaintiff,

-against- No. 999220

ASBESTOS DEFENDANTS,

Defendants.

VIDEOTAPED EXAMINATION BEFORE TRIAL OF EDWARD

DRISLANE, held on FRIDAY, JULY 23, 1999 and SATURDAY, JULY

24, 1999,, at the Comfort Inn, Boardroom, 1606 Central

Avenue, Albany, New York; before STEPHANIE A.

RAGONE, Court

Reporter and Notary Public in and for the State of New York.

APPEARANCES:

BRAYTON, PURCELL, CURTIS & GEAGAN, ESQS.
222 Rush Landing Road

Novato, California 94945

BY: GILBERT L. PURCELL, ESQ.
Appearing for Plaintiff

COBLENCE & WARNER, ESQS.

415 Madison Avenue

New York, New York 10017

BY: ROBERT P. BOATTI, ESQ.

Appearing for Defendants Abex and Wagner/Moog

A.S.E. Reporting Service (518) 458-1091APPEARANCES CONTINUED:

SEDGWICK, DETERT, MORAN & ARNOLD, ESQS.
53 Maiden Lane, Forty~first Floor

New York, New York 10038-4502

BY: KENNETH R. BOZZA, ESQ,

Appearing for Defendant Scandura

LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY, ESQS.
Suite 1000-510 Walnut Street

Penn Mutual Tower

Philadelphia, Pennsylvania 19106

BY: FRANK C.B. FPRIESTEDT, ESQ.

Appearing for Defendant GM

SHANLEY & FISHER, P.C.

131 Madison Avenue

Morristown, New Jersey 07962-1979

BY: WILLIAM J. MENDRZYCKI, ESQ.
Appearing for Defendant Allied Signal

EDWARD PAUL, ESQ.

320 West Front Street

Media, Pennsylvania 19063

BY: EDWARD PAUL, ESQ.

Appearing Via Speaker Phone for Defendant Lear, Siegler
Diversified Holdings Corp.

BARNARD, MEZZANOTTE and PINNIE, ESOS.
The Williamson House
218 West Front Street
P.O. Box 289
Media, Pennsylvania 19063-0289
BY: MARK S. PINNIE, ESQ. (July 23, 1999)
~and-
TIMOTHY B. BARNARD, ESQ. (July 24, 1999, via speaker
phone. )
Appearing for Defendant Borg-Warner

BUTZEL LONG, PC

150 W. Jefferson, Ste. 900

Detroit, Michigan 48226

BY: DANIEL R.W. RUSTMANN, ESQ.
Appearing for Defendant The Budd Company

A.S.E. Reporting Service (518) 458-1091APPEARANCES CONTINUED:

KINSELLA, BOESCH, FUGIKAWA & TOWLE, LLP

1901 Avenue of the Stars, Seventh Floor

Les Angeles, California 90067

BY: EDMUND J. TOWLE, III, ESQ.

Appearing for Defendant Parker Hannifin Corp.

CETRULO & CAPONE LLP

Exchange Place

53 State Street

Boston, Massachusetts 02109

BY: JENNIFER A. WHELAN, ESQ.

Appearing for Defendant CCR Members: Armstrong World,
Industries, Inc., Asbestos Claims Management Corp.,
Certain-Teed Corp., Dana Corp., GAF Corp., Maremont Corp.,
Quigley Co., Inc., T&G, ple, Union Carbide Chemicals and
Plastics Co., Inc. And United States Gypsum Co.

CLARK HILL, P.L.C.

500 Woodward Avenue

Suite 3500

Detroit, Michigan 48226-3435

BY: TIMOTHY D. WITTLINGER, ESQ.

Appearing for Defendant Daimler Chrysler Corp.

Videographer: James Lelievre, MBA Legal Images

KRERKAEK

A.S.E. Reporting Service (518) 458-109122

23

MR. LELIEVRE: On July 23, 1999, the time is
9:07 a.m. This is the videotaped testimony of Edward
Drislane in the matter of Superior Court of California,
County of San Francisco, Wendy Book against Asbestos
Defendants, BHC, conducted on behalf of the plaintiff at the
Comfort Inn, Colonie, New York, on the 23rd day of July 1999,
at the time indicated on the video screen.

The videographer is James Lelievre from MBA
Legal Images, Latham, New York. The Court Reporter is
Stephanie Ragone from A.S.E. Reporting Service.

Counsel will now please state their appearances
on the record.

MR. PURCELL: Good morning. My name is Gil
Purcell. I’m with the firm of Brayton, Purcell, Curtis &
Geagan, in California, and we represent the plaintiff.

MR. PAUL: Edward Paul, I represent defendant
Lear Siegler Diversified Holdings Corporation.

MR. PINNIE: Mark Pinnie from Borg-Warner.

MR. BOATTI: Rob Boatti for Abex and
Wagner /Moog.

MR. TOWLE: Ed Towle, T-O-W-L-E, for Parker
Hannifin Corporation.

MR. RUSTMANN: Daniel Rustmann for The Budd

A.S.E. Reporting Service (518) 458-1091Company.

MR. BOZZA: Kenneth Bozza from the law firm of
Sedgwick, Detert, Moran & Arnold for Defendant Scandura.

MR. WITTLINGER: Timothy Wittlinger from Clark
Hill, PLC, for Defendant Daimler Chrysler.

MR. MENDRZYCKI: Bill Mendrzycki from Shanley &
Fisher on behalf of Allied Signal, Inc.

MS. WHELAN: Jennifer Whelan from Cetrulo &
Capone, Armstrong World Industries, Asbestos Claims
Management Corporation, Certain~Teed Corporation, Dana
Corporation, GAF Corporation, Maremont Corporation, Quigley
Co., Inc., TGN, ple, Union Carbide Chemicals and Plastics,
Inc., and United States Gypsum Company.

MR. FRIESTEDT: Frank Friestedt from Lavin,
Coleman, O’Neil, Ricci, Finarelli & Gray, Philadelphia,

Pennsylvania, for General Motors Corporation.

A.S.E. Reporting Service (518) 458-1091(Drislane - Purcell)

EDWARD DRISLANE,
called as a witness, having been first duly sworn by the
Notary Public, was examined and testified as follows:
EXAMINATION BY MR. PURCELL:
Q Good morning, sir. Would you state your name for

the record, please?

A My name is Ed Drislane, Edward Drislane.
Q Where do you live, Mr. Drislane?

AB In Voorheesville, New York,

Q And what’s your present age?

A I’m 76 years old.

Q Mr. Drislane, I know from a prior transcript that
you have given at least one deposition before. Have you
given more than one deposition before in your life?

A I believe that was the only one.

Q Okay. That was approximately 17 years ago, so let
me just go through some ground rules to refresh ourselves
here. Even though we are informally gathered, I want to be
sure that you understand that the oath that you gave to the
reporter a few moments ago is the same oath that you would
give in a court of law to tell the truth, the whole truth and
nothing but the truth to the best of your ability in response

to my questions and other questions of counsel today. You

A.S.E&. Reporting Service (518) 458-109122

23

or sent you an ad or how that came about?

A

Q

Bendix at that time?

A

sales manager, I believe they called it at -- at one Bendix

division.
Q
Bendix?

A

PrP Oo FP 0

of a meeting where there were two or three or four people

from FMSI at the meeting and they interviewed me.

Q Did you know any of those individuals?

AR Not before I met them.

Q Could you briefly walk me through your educational
background?

12
(Drislane - Purcell)

You had gone on to Haskins and Sells?
That is correct,

Do you remember if Mr. Kelly gave you a phone call

Probably a phone call.

What was your understanding of his position at

He was big in sales. He was a sales ~~ he was a

And you had kept his acquaintance after leaving

That is correct.

Did you go interview for the job at FMSI?
Yes, I did.

Do you remember who interviewed you?

No, not really. I was asked to come to some kind

A.S.E. Reporting Service (518) 458-109113

14

15

22
(Drislane ~ Purcell)

meet at ~~ or maybe it was ~- couldn’t meet over on New
Scotland Avenue like it was originally planned which was what
came in this subpoena. And I didn’t see Gil’s name on the
list of all those people. It was a list of I guess
defendants, this one here (indicating). I didn't see Gil’s
name on there. I thought Gil, being the director of FMSI,
had a right to know about the change in this thing here. I
figured he knew about this, but I don’t know that he knew
about this, so I figured -~ I felt he should know about this
go I called him to tell him that the meeting would be later
this week and if he wanted the details to give me a call.

Q Previous to that, how long had it been since you
had spoken to Mr. Laycock?

A Oh, probably about two years. I maybe would call
him every couple of years.

Q Okay. A few moments ago you mentioned something

called the FMSI History. I would like to mark that as

Exhibit C. I have an extra copy here for you to look at.

Let me hand you that, if I could.

(Exhibit C, FMSI History, marked for
identification.)
BY MR. PURCELL:

Q Did you prepare this document?

A.S.8. Reporting Service (518) 458-109123
(Drislane - Purcell)

A Yes.

Q Could you tell me approximately when you pulled
all this information together, Mr. Drislane?

A Well, it would have te go about -- see who the
last president was, see the last person mentioned in here.

Q I believe it Mr. Simon through 1977.

A Oh, okay. It was 1977, so it was done probably
about ‘78.

Q What caused you to prepare this FMSI History, what
was going on?

A We got a new eager president that wanted all this
stuff put together.

Who was that?

Q
A Mr. Messier.
Q

And he assigned that task to you?

A He asked me to do it and, you know, this is not a
huge office, there was only about two or three of us there so
I got it.

Q Okay. How did you begin to pull together this
information?

A I guess I started looking at old board of
directors’ minutes meetings to find out who the officers were

and when they served and all that stuff. And along that

A.S.E. Reporting Service (518) 458-109124
(Drislane - Purcell)

line, I tried te get some factual backgrounds on the stuff
and in there might have said that the first guy was from
Raybestos or someplace and I figured he served from this year
here to this one here, and that’s how I assembled it.

Q Did you review any minutes of previous meetings?

A It might have been ~~ we had minutes not only of
the board of directors’ meeting but we had minutes of the
membership meetings and it probably went to both of them.

Q To your knowledge, is the information in this
history Exhibit C true and correct?

A Yeah, yes.

Q Are you aware of anything in there, perhaps you
have come across something subsequent to preparing it, that
is in some way not accurate to your knowledge?

A I really can't answer that. I don’t really -- I
don’t really -- I didn't -- I haven’t read it over in 15

years.

Q Would it be fair to say that in the time period

after preparing it, nothing in there that’s incorrect has
come to your attention?
A There is nothing of substance that’s incorrect.
Q Okay. Who received copies of these -~ of this

document once you had prepared it?

A.S.E. Reporting Service (518) 458-109122

23

25
(Drislane - Purcell)

A Probably all the delegates and alternates from

each one of the members. In other words, the membership

received it.
Q In here is mentioned something called the FMSI

constitution; are you familiar with that?

A Yes.
Q What is the FMSI constitution?
A I don’t know. Some lawyer drew it up before I got

there. Constitution and bylaws, sort of tells you what you

can do and what you can’t do.

Q Do you believe you had a copy of that at the
office?

A Well, there had to be a copy in the office, yes.

Q Did the constitution ever get amended or was
this --

A Oh, yes,

Q -- an historical document?

A No. It was amended several times.

Q Tell me what you recall in terms of it being
amended?

A I can‘t recall that. I mean we would have ~- I

can give you an example as the best I can recall.

Q Sure.

A.S.E. Reporting Service (518) 458-109114
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16
17
18
19
20
21
22

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72
(Drislane ~ Purcell)

A Raybestos on -~ yes, okay, yes.

Q You also note that the Technical Committee
resolved to honor Mr. Litchfield for his contributions to the
industry and membership. How many individuals serving on the
Institute or at the Institute or on the committee were
honored in such a way?

A I have no idea. And I don’t know why -- I have no

idea.

Q Turning to the next presidency, Mr. Bette of

Johns~Manville who had previously served as vice president
from the 1963 to ‘65 period was elected as president and Mr.
John Kelly of Bendix became vice president. Do you see that?

A Yes.

Q You also discuss, then, that this Brake
Performance Study Committee had some activity in this time
period, you described it as being quite active. And you
described various aspects of their involvement with various
governmental entities. Do you recall the source of this
information that you based this discussion upon?

A Probably minutes of meetings, reports that the
chairman may have made and so forth.

Q In this area, you are talking about contacts made

with federal agencies, such as the General Service

A.S.E. Reporting Service (518) 458-109112

13

14

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licensee even though they resigned as an active member?
A Must have gone out of making brake linings then if
that was the case, I don’t know.

Q You indicate that the American Brake Shoe Company

changed its name to Abex Corporation. What type of
correspondence or source of information would the FMSI
receive that would inform it of a name change like Abex
Corporation?

A The delegate probably, probably called to say
changed our name to Amex.

Q You also indicate that the Reddaway Manufacturing
Company resigned as an active member. Do you have any
information as to why Reddaway resigned?

A No.

Q Next we cover the section of Mr. John Kelly’s
presidency and you indicate that he was affiliated with
Bendix and he previously had served from 1965 to '67 with Mr.
Bette of Johns-Manville as vice president. Let me ask you

was this the typical pattern that after a couple of years

serving as a vice president, a vice president would typically

then be elected to serve another two years as a president?

A That was apparently the pattern.

Q You then on page 16 discuss Mr. James McGovern of

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(Drislane - Purcell)

Q -- such as it was?
A No, not really.

Then you talk about the period 1971 to ‘73 where

Mr. Greenen and was president. Mr. Greenen is associated

with the Maremont Corporation and Mr. Gatke at that time,
Frank Gatke of Gatke Corporation was elected vice president.
You then indicate that during Mr. Greenen’s administration
two new committees were formed, one of which is something
called the Asbestos Study Committee; is that correct?

A Yes.

Q Whose idea was it to form the Asbestos Study
Committee during Mr. Greenen’s administration and Mr. Gatke's
serving as vice president?

A I believe it was that gentleman from Raybestos
that's mentioned there, Mr. Gene Stefl of Raybestos.

QO Who was Dr. Gene Stefl?

He was an employee of Raybestos,
Was he a medical doctor?

No, I don’t believe so -~

What type of -—-

—- no.

-- doctor, Ph.D. did he have?

> OO PrP OO FF O BR

He had a Ph.D. of some kind. I didn’t inquire

A.S.E. Reporting Service (518) 458-109122

23

office.

start the Asbestos Study Committee?

be considered by OSHA.

in 1971 at FMSI?

A Getting members to serve on the committee.

new committee?

A.S.E. Reporting Service (518) 458-1091

84
{Drislane - Purcell)
about his background.
Q Did you ever meet Mr. Stef1l?
A Yes.
Q When did you first meet him?
A I don’t recall but probably when I had the first

meeting of the Asbestos Study Committee which was held in our

Q What did he indicate was the reason he wanted to

A I think it was because OSHA had started up and

apparently asbestos was one of the things that was going to

Q Is that what you recall him indicating?
A No.
Q What was involved in establishing a new committee

Q Would a nomination have to go forward with the

board of directors and they approve the establishment of a

A No. We called the delegate for -- or we called
or we wrote or did something, however we did it, I don’t

know -- asked the delegate to get people that might have22
23

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(Drislane ~ Purcell)

some skill in this area who would be willing to serve on this
committee.

MR. LELIEVRE: Excuse me, counselor, we will
have to go off the record to change videotapes. 11:20 a.m.,
we are now going off the record. This is the conclusion of
videotape number 1, videotape number 2 will follow.

(Pause in proceedings.)

MR, LELIEVRE: 11:22 a.m., this is the
beginning of videotape number 2. We are now back on the
record, please commence.

BY MR. PURCELL:

Q Mr. Drislane, we were discussing Exhibit C the
FMSI History that you prepared. Specifically we had come to
the period 1971 to ‘73 during the presidency of Mr. Greenen
of Maremont Corporation and Mr. Gatke was serving as vice
president. And I had just asked you about the establishment
for the first time of the Asbestos Study Committee that you
indicate was organized by Mr. Gene Stefl of
Raybestos~Manhattan and that he served as chairman.

Let me ask you at the time of the Asbestos Study

Committee was first organized who served on the committee
with Mr. Stefl of Raybestos~Manhattan?

A I don’t recall.

A.S.E. Reporting Service (518) 458-1091a6
(Drislane ~ Purcell)

How large was the committee?
About six people.

How often did the committee meet initially?

Two or possibly three times a year.

Q What was its purpose when it was established at
the FMSI?
A Well, to follow the OSHA proposals on asbestos

which, you know, included reducing the exposure levels to
certain levels which ~- to find out how to give input to them
to find out what they were and to give the information to the
members, in addition to letting them know what the status was
of asbestos regulations.

Q Was part of the committee charter the
communication of the FMSI position regarding asbestos to any
government or regulatory bodies?

MR. FRIESTEDT: Objection.

A No, no.

Q Did the Asbestos Study Committee to your knowledge
ever undertake to set up any meetings with any agency or

governmental regulatory body to discuss asbestos?

A Yes, with OSHA, yes.
Q Any agency other than OSHA?
A EPA came in someplace, I forget when.

A.S.8. Reporting Service (518) 458-1091142
(Drislane ~ Purcell)

Q Did the FMSI, to your knowledge, ever distribute

to Institute members any information regarding the hazards of

asbestos?
A Yes.
Q Did it ever distribute that information to the

general public?

A No.

Q What do you recall the Institute sending to
Institute members dealing with the hazards of asbestos?

A We prepared a booklet, I don’t know exactly when,
probably around 1970 about the asbestos problem, you know,
that it’s under the -~ under the gun from OSHA and from EPA
and what you -- what we suggested they do to comply with the
regulations. It was a little publication called around a ten
er 12 page booklet which alerted the members that you've got
to go and comply with the OSHA requirements. I don’t think
some of the people may not have known it, some of the smaller

manufacturers at that time. And that thing there they were

to distribute to their customers which was my understanding

they did, but they didn’t go to the general public.

Q Did it ~~ did it identify it as an FMSI-prepared
booklet?
A Someplace, it’s a little blue booklet as I recall

A.S.E. Reporting Service (518) 458-1091144
(Drislane ~ Purcell)

How many copies of this booklet were printed?

I can’t tell you but it’s around 10,000.

How many were distributed?
I think all 10,000.

And who received all 10,000?

Pr O Fr DO LP 02

Members would receive them, maybe whoever the
members were of the Institute, maybe Raybestos might have
gotten 1200 or they might have gotten 200 or whatever it

was. Whatever it was, we sold out,

Q How did you determine how many to send to each
member?
A Their request -- that might be one of these

general bulletins you were talking about we said that these
things were available and prepared and sent them a copy of it
and then they sent their orders in.

Q Do you recall the larger manufacturing companies
receiving more of the booklets generally than smaller ones?

MR. FRIESTEDT: Object to the form.

I can’t rightly recall that. I would think that.
Who do you recall sending the most of them to?

I don't remember.

Did you send any to Johns-Manville?

roo Fr DO

Well, I’m sure I sent a couple of pilot ones to

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MR. FRIESTEDT: Objection.
A I don’t know.
Q Did the booklet caution that asbestos was

hazardous?

A I believe so. But again I would have to look at
the booklet. The booklet was well received by people who

are -- who are in favor of asbestos regulation. They

thought, in my opinion the people who saw the thing thought

it was a positive thing to go and control asbestos exposure.

Q Who wrote the booklet?

A I assembled the information but the committee sat
down, if you sit down with the committee and try to get a
committee te agree on anything, you’ve got to be a genius. I
sat down and we argued the thing and argued it out. So the
members of the committee, whoever they were, and I basically,

whatever the committee said I did. But it was my words when

it_was put together.
Q What do you recall being the sources of the
information that was contained in the booklet?
A I haven't the slightest idea.
MR. TOWLE: Excuse me, counselor, could you
establish a time frame?

MR. PURCELL: I'll be happy to ask. I believe

A.S.E. Reporting Service (518) 458-1091270
(Drislane - Purcell)

Q Do you recall ever discussing the AIA with James
Armstrong of Bendix?
MR. MENDR2Z2YCKI: Objection.
I probably did.

Q Is it your understanding that Bendix and

specifically Mr. Armstrong were members of the Asbestos

Information Association?
MR. MENDRZYCKI: Objection.

Yes, I think they were.

Q Do you recall indications as early as 1971 where
the FMSI Asbestos Study Committee recommended that their -—~
that the FMSI committee maintain a close liaison with AIA?

MR. FRIESTEDT: Objection to form.

A Say the whole thing again.

Q Do you recall that as early as 1971, it was
recommended at the FMSI that the FMSI maintain a close
liaison with AIA?

MR. FRIESTEDT: Objection to form.

A I don't remember this but if that’s what it said,
those are my minutes, then that was so.

MR. PURCELL: Okay. Let me mark as next in
order Exhibit Q --

MR. FRIESTEDT: U.

A.S.E. Reporting Service (518) 458-1091293
(Drislane ~ Purcell)

MR. PURCELL: Request we mark as next in order
Exhibit %. This is a memorandum prepared by you, Mr.
Drislane, dated August 30, 1972.

(axhibit 2, 8/30/72 Drislane Memo, marked for
identification.)
BY MR, PURCELL:

Q If I could direct your attention to this, you
could review it for a moment. I would like to ask you a
couple of questions about that document.

A (Pause.) Well, you don’t expect me to read the

entire thing --

Q No.
A -- do you?
Q No. Just ~~ I‘m just interested in just

familiarizing yourself --

A No.
Q ~~ with your memo?
A Yes,

Okay. Did you, in fact, send this article, quote,

Health Hazards or Asbestos, closed quote, to all the members
of the Asbestos Study Committee and the others that are CC’d?
A I sent them to the committee members, right, and

to Matt Swetonic and to the British Council, right.

A.S.E. Reporting Service (518) 458-1091et

295

(Drislane - Purcell)
1 A I was aware, yes, probably.
2 MR. PURCELL: Would this be a good time to take
3 a break?
4 MR. FRIESTEDT: Sure.
5 MR. PURCELL: Brief, five, ten minutes.
6 MR. LELIEVRE: 10:22 @.m., we are now going off
7 the record.
8 (Break taken.)
9 (Exhibit AA, 10/10/72 Drislane Memo, marked for
10 identification)
11 MR. LELIEVRE: 10:39 a.m., we are now back on
12 the record. Please commence.

13 BY MR. PURCELL:

Q Mr. Drislane, I would like to show you a document

I have marked as next in order Exhibit AA. It’s a memo you

prepared October 10, 1972, and sent to members of the

Asbestos Study Committee regarding “Asbestos Publicity - Dr.

Selikoff.”
A (Pause.) Yeah.
20 Q Do you recall whether at the time of this
21 memorandum you had spoken with or met Dr. Selikoff yet?
22 A I don't believe so.
23 Q Do you remember how it came about that you first

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spoke with Dr. Selikoff?

A You know, I talk all this Dr. Selikoff stuff, he
called -- he or Bill Nicholson from over in Mt. Sinai called
me on stuff asking questions, that’s the first contacts. I
don't think I called him except in response to something that
he might have asked for, So he called me.

Q All right. Attached to your memo, Exhibit AA, is

a couple of an article entitled, "Wider Link to Cancer Found

In Asbestos Workers."
I just want ta ask you if you recognize that the
note and the handwriting. --

A That’s mine.

Q -- are your handwriting?
MR. FRIESTEDT: Objection to the form of the
question.
A That was his statement. That was the article that
I -- I highlighted on there.
Q Okay. This is your handwriting?
AB Yes, it is,
MR. FRIESTEDT: Is that a newspaper article?
MR. PURCELL: Yes.
BY MR. PURCELL:

Q If I could direct your attention now to a letter

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300
(Drislane - Purcell)

1 the --
2 Q User?
3 A -~ their customers, people who would grind the

4 linings and all that.

5 Q All right.

6 MR. FRIESTEDT: Objection to form.

7 Q In fact, didn’t the Institute believe that it was
8 the responsibility of the members to take information the

9 Institute supplied to educate users of the products?

10 MR. FRIESTEDT: Objection to form.
11 MR. MENDRZYCKI: Objection.
12 A We provided the information. What they did with

13 it is up to them,

Q If I could direct your attention to a letter dated
November 28, 1972, that I will mark as Exhibit CC. This is a
letter from you, Mr. Drislane, to a Mr. J. H. Kelly of the
Bendix Corporation. If you could take a moment just to look
at that generally?

(Exhibit CC, 11/28/72 Letter, marked for
identification).

A Yeah.

Q It’s true, is it not, that in this letter, you

indicate to Bendix that, quote, It therefore becomes your

A.S.E. Reporting Service (518) 456-1091301
(Drislane - Purcell)

responsibility as the supplier of brake lining to warn the
customer of this possibility, closed quote?
MR. MENDRZYCKI: Objection.
MR. TOWLE: Objection.
Q And this is possibility is the release of asbestos
from brake linings; correct?
MR. MENDRZYCKI: Objection.
MR. FRIESTEDT: Objection to form.
A That's what I said. This is was in response to, I
believe, a question from Mr. Kelly.
Q Who was Mr. Kelly at Bendix?
A What’s the address? At that time he was in South
Bend. He was, I think he was in charge of aftermarket sales.
Q In the second page of Exhibit CC, you indicate a
veference to Mr. Armstrong who we've already noted was the

safety director at Bendix and you write, quote, Your Mr.

Armstrong is aware of some of the controversy concerning

labeling. The current survey indicates that no members are
now labeling shipments, closed quote.

Does that mean that as of November 1972 no FMSI
members were labeling shipments of asbestos-containing
products ~~

MR. FRIESTEDT: Objection to form.

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-- about the hazards associated with asbestos?
MR. MENDRZYCKI: Objection.

A To the best of my knowledge, that was my

understanding. That was 1972. This whole thing had just

burst in ‘71. Regulations had just been promulgated, were

issued or proposed or whatever.

Q Later in the same paragraph you write, quote, This
is controversial item for the Institute in that some members
feel that one or two companies are trying to railroad them
into labeling. Another group of companies feel that we
should comply with the spirit of the law now and it is not
fair if they do not -- if they do the proper labeling and
their competition does not, closed quote.

Who were the one or two companies trying to
railroad the other Institute members into labeling?
MR. FRIESTEDT: Objection to form.

A This was the accusation that these other people
were trying to railroad them. It might have been Ike
Weaver's, perhaps. I don’t know. Perhaps Ike Weaver was
considered one of the ones so-called railroading. And you
saw before that it was Harry Wagner brought up some objection
to the labeling requirement. Those are same names, that’s

the best I can do. I can’t tell you.

A.S.E. Reporting Service (518) 458-109121

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Q Why --

A If I knew I would tell you, but I don’t know.

Why were you communicating this to Mr. Kelly at

Bendix?

A Because Mr. Kelly was an associate of mine at
Bendix and he asked me for some input because he apparently
was in charge of aftermarket sales in brake linings. He
wanted to know what they could do. Well, this was my

response to him.

Q As of November 19 was it the FMSI’s
recommendation to label shipments of asbestos products -——-
MR. FRIESTEDT: Objection to form.
Q -- regarding the hazards of asbestos?
MR. FRIESTEDT: Objection to form.
A The FMSI's position was to obey the law and now
the problem is interpreting the law.

Q Was it a concern that if some members labeled

regarding asbestos dangers and others did not, that would

create an unfair competition circumstance?

A That's the way some people expressed it.

Q What was the FMSI’s position?
MR. FRIESTEDT: Objection to form.

A The FMSI’s position obey the law.

A.S.E. Reporting Service (518) 458-109122

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(Drislane ~ Friestedt)

Exhibit F, 1/24/76 Memo With Attachment, is marked for
Adentification. cc cer ses e cece cree een een e nett ee ene nn eene

Exhibit G, 12/16/73 Memo, is marked for identification..
Exhibit H, 5/22/75 Memo, is marked for identification....

Exhibit I, 10/24/75 Asbestos Study Committee Minutes,
is marked for identification. ... cece esse eee ween ewer eens

Exhibit J, 8/26/75 Letter, is marked for
Adentifications ccc cece e rece ee nee tense een ence n en eneeee

Exhibit K, 10/7/75 OSHA Proposed New Asbestos Standard,
is marked for identification. cc. ceeee eee e enue ner eenns

Exhibit L, 9/18/98 Letter, is marked for
Adentification. cc crc reece cence ce tere eee eee
Exhibit M, 8/27/71 Hill and Knowlton Letter, marked for
Adentification. .. ec e cece ee eee nee e ene e nnn renner eben eenes

Exhibit N, 11/20/36 Memorandum of Agreement, marked for
AGENtiFicCAtiON. ce eee c eee cee eee ee en eee e eee en en anes

Exhibit 0, 4/27/49 Brake Lining Manufacturers’
Association Meeting Minutes, marked for identification...

Exhibit P, 6/8/59 FMSI Meeting Minutes, marked for
Adentification. . cc cee cence teem t eee e ee tate en nees

Exhibit Q, 6/20 and 21/62 FMSI Meeting Minutes, marked
FOL IdENtLLLCACLON. ccc reece cee cee eee cee e cnet eee ee tees

Exhibit R, 1/7/58 FMSI Board of Directors’ Meeting
Minutes, marked for identification... ccc cee ccccuccccccens

Exhibit S$, 10/9/71 Memo, marked for identification.......

Exhibit T, 9/15/71 Asbestos Study Committee Meeting
Minutes, marked for identification. ...... 6. cece cece wees

Exhibit U, 6/12/72 Asbestos Information Association
Minutes, marked for identification... ccc ccc ce eee cence eee

Exhibit V, Report on FMSI Asbestos Study Committee
Activities, marked for identification............cceeeeee

178
183

194

197

202

208

215

229

247

251

285

257

262

264

267

271

273

A.S.E. Reporting Service (518) 458-109122

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(Drislane - Friestedt)

Exhibit W, 9/27/71 Letter from Dr. Stefl, marked for
identification..... eee eet eee ee tee ee een ee rane

Exhibit X, 6/28 and 29/72, FMSI Meeting Minutes, marked
for identification. rrcseccscceerereceervrecenncecevnsanee

Exhibit ¥, 8/17/72 Asbestos Study Committee Meeting
Minutes, marked for identification. ... cece e scenes eenneaee

Exhibit Z, 8/30/72 Drislane Memo, marked for
identification. ...eceee ese ee ees ee rec enee sae eeee beeen eee

Exhibit AA, 10/10/72 Drislane Memo, marked for
Adentification. cc es ce cece ener te ne ee eer eeeenes eee ee eee

Exhibit BB, 10/30/72 Letter, marked for identification...
Exhibit CC, 11/28/72 Letter, marked for identification...

Exhibit DD, 2/16/73 Asbestos Study Committee Meeting
Minutes, marked for identification............e--eeeeeeee

Exhibit EE, “Asbestos and the Friction Material
Industry," marked for identification.....+ sce eeeerveceas

Exhibit FF, 6/1/73 Asbestos Study Committee Meeting
Minutes, marked for identification....... cc cceenecsusecee

Exhibit GG, 3/10/75 Drislane Memo, marked for
Adentification....cce cece ence ener cern ae esereeeerneeeteee

Exhibit HH, 6/4/75 Drislane Memo, marked for
Adentification. sc cccessssec ccc n cece cece e eee eeeenee ee eeeee

Exhibit II, Asbestos Study Committee Report, marked for
Adentification. cc ec cce cece cece tee e eee e ere enes seen e ee

Exhibit JJ, 6/10/75 Weaver Letter, marked for
identification... ccc cess eee eee eee eeee seer e ee eeerenceee

Exhibit KK, 2/9/76 Marsh Letter, marked for
identification...... Senet eee eee nee e eee e tenes

Exhibit LL, 9/27/76 Drislane Memo with Attachments,
marked for identification... ...cceee cece ene ere eee eneans

278

283

287

293

295
297
300

305

309

320

324

333

334

337

340

344

A.S.E. Reporting Service (518) 458-1091362
(Drislane - Friestedt)

Exhibit MM, 3/28/77 Asbestos Study Committee Meeting
Minutes, marked for identification...  ..reeeceeeeeeeeeeres 350

Ok ee

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(Drislane - Friestedt)

REPORTER'S CERTIFICATE

I, STEPHANIE RAGONE, Court Reporter and Notary
Public in and for the State of New York, do hereby certi