Exhibit,Appendix: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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                                PATRICIA G. ROSENBERG, SBN 154820
HAAS & NAJARIAN, LLP

58 Maiden Lane, Second Floor

San Francisco, CA 94108

Telephone: 415.788.6330

JAMES N. SINUNU, SBN 62802
JUNIPER BACON, SBN 256687
SINUNU BRUNI LLP

333 Pine Street, Suite 400

San Francisco, CA 94104
Telephone: 415.362.9700
Facsimile: 415.362.9707
jsinunu@sinunubruni.com
jbacon@sinunubruni.com

Attorneys for Defendant
MCCLURE ELECTRIC, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO-UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS,

Plaintiffs,

VS.

C.C. MOORE & CO. ENGINEERS:
Defendants as Reflected on Exhibit 1
attached to the Summary Complaint
herein; and DOES 1-8500.

Ne ee eee

Defendants.

1

ELECTRONICALLY
FILED

Superior Court of California,

County of San Francisco

FEB 28 2013
Clerk of the Court
BY: CAROL BALISTRERI

Deputy Cle

Case No.: CGC-10-275731

EXHIBITS H AND 1 TO DECLARATION
OF JUNIPER BACON IN SUPPORT OF
DEFENDANT MCCLURE ELECTRIC,
INC.’S MOTION FOR SUMMARY
JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY
ADJUDICATION

Complaint Filed: December 17, 2010
Trial Date: June 10, 2013

EXHIBITS H AND £ TO DECLARATION OF JUNIPER BACON IN SUPPORT OF DEFENDANT MCCLURE ELECTRIC, INC."S.
MOTION FOR SUMMARY JUDGMENT OR, [N THE ALTERNATIVE, SUMMARY ADJUDICATION

ekExhibit H24

25

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

ROBERT ROSS AND JEAN ROSS No. CGC-10-275731

Plaintiffs,

C.C. MOORE & CO. ENGINEERS,
et al.,

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Defendants. )
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DISCOVERY DEPOSITION OF ROBERT ROSS
VOLUME XT

{Pages 2313 through 2626, inclusive)

Taken before ALISA SMITH
AZ CR No. 50712

September 28, 20122 (Pages 2314 to 2317)

2314
INDEX 1 Felnany 2 Sone ee 7 Corporation and D.
WITNESS PAGE z vearaens ~
ROBERT ROSS 3 ‘Waleworth Fravddin Bovins & Mecall, LLP
Examination by Mr. Lemmon 2322 ‘ Ren prenoreLowenie tant
Examination by Mr. Tarkoff 2338 : ate-reLro7Z
Examination by Mr. Sinunu 2349 6 forthe ccoluns Eecttcal Ga
Examination by Mr. Jimenez 2366 2 Rdvanes eohurioal ampany, Ines Bal Prost, rl
Examination by Ms. Rickenbacher 2389 4. Weber and Gragg incastmest Company:
Examination by Ms. Waiter 2430 5 umoaa LeNawon
Examination by Ms. Ways 2438 685 Montgomery Street, Suite 1900
Examination by Nis. Cinco 2448 0 feaeane meets
Examination by Ms. Zacharia 2488 i ‘Guncanihakelaw.com
Examination by Mr. Lemmon 2547 13 ee oe scence Motul Products, J.P. Thorpe &
Examination by Mr. Meislin 2567 ul “JONATHAN E. HEISLIN |
Examination by Mr. Solomon 2579 1s tiaWecningoa Sree
Examination by Mr. Lemmon 2588 16 Sete aco, California 94108
418.397.9006
u Faeistin@behbiaw.com
1 For the Defendants Fluor Corporation, Raymond interior
20 ‘Systems North, and Van Mulder Sheet Metal:
THOMAS TARKOFF
a (ia phone)
Foley & Mansfield, Pid
22 300 Lakeshore Deive, Suite 1900
23 (510): 2909800,
2 » jfoleymansfield com
25 i
2315

DISCOVERY DEPOSITION OF ROBERT ROSS

BE IT REMEMBERED, that pursuant to Notice,
and on the 28th of September, 2012, commencing at the
hour of 9:10 a.m., in a conference room of the
DoubleTree by Hilton Hotel, 445 South Alvernon Way,
Tucson, Arizona 85711, before me, ALISA SMITH, a
Certified Shorthand Reporter, State of Arizona,
personally appeared ROBERT ROSS, produced as a
witness in said action, and being by me first duly
‘sworn, was thereupon examined as a witness in said
cause.

—o0o—
APPEARANCES:
For the Plaintitis Robert Ross and Jean Ross
ERIC C. SOLOMON
Brayton Purcelf LLP
222 Rush Landing Road
PO Box 6189
Novato, California $4948
415-898-1555
esolomon@braytonpurcell.com.
For the Defendant Beasley Plumbing & Heating:
JOSH SULLIVAN
(Via phone)
Buty & Curtiano
556 12th Street, Suite 1280
Oakland, California 94607
510-267-3000

jsullivan@butycariiano.com

24
23

For the Defendants Bayer CropScience, Inc, Swinerton
Builders, Perini Corporation, Somco Texas Product,
tne. Rountes Planing & Heating, and Taichert & Son,
ine.

LISA RICKENBACHER

For the Defandants ACCO Engineered Systems, inc., DW
Nicholson, and Lona Star Industies, Ine:

DENNIS YOUNG

{Via phane)
Foley & Mansfield, P.LLP.
300 Lakeshore Drive, Suite 1900
Oakland, Galfornia 84612
(510) 590-8500

wansfiekd.oorn

For the Defendant Cahill Construction Services:
‘CARLOS JIMENEZ
(Via prone)
Archer Norris
3022 North Main Street, Sulte 800
‘Walnut Creek, Califomia $4596
‘325-830-6600

dimenez@archemoris.com
For the Defendant Marsico Auto Parts: (via phone)
ANA R. HARTMAN
{ia phone)
Gordon & Rees
104 W. Broachvay, Suite 2000
‘San Diego, Calffornia 92101
619-896-6700
iy Rnertmendigordorraes.com
My

Aiken Welch Court Reporting R. Ross 9-28-12

2316

231710 (Pages 2346 to 2349)

2346 2348
1 A. —okay. Thank you — to refresh my memory. 1 to perform your work?
2 Oh, Embarcadero Center 1, 2, and 3. 2 MR. SOLOMAN: Mr. Tarkoff, | will
3 Q. Okay. Do you have a year or years in mind 3 stipulate that he did not take any direction from
4 for that particular job site where you saw James. 4 James Whittaker at any job site or from Raymond
5 Whittaker? 5 interior Systems North; he did not receive any
6 A. in the '60s. 6 — materials from James Whittaker or Raymond Interior
7 Q. And do you recall the total number of days. 7 Systems North; and that he would have received no
8 that you saw James Whittaker when you were working 8 tools or materials from James Whittaker or from
9 atthe Embarcadero Center 1, 2, and 37 9 Raymond Interior Systoms North on any job site ever.
10 A. Oh, boy. Approximately, six days. 10 WIR. TARKOFF: So stipulated. Thank
il Q. And during those six days at the Embarcadero 110 you.
12 Center 1, 2, and 3, what did you see the James 12 WR. SOLOHAN: You're welcome.
13 Whittaker employees doing? 13 WIR. TARKOFF: Those are all the
14 A. Spraying fireproofing on the ceilings. 14 questions | have. Thank you very much, Wir. Ross.
1s @. And during the times that you saw them 1s ‘THE WITNESS: Thank you, sir.
16 spraying fireproofing on the ceilings, what is it 16 MR. SOLOMAN: Great. Next.
17 that you were doing? 17 BAR. SINUNU: Hi. This is Jim Sinunu.
18 A. Wrapping duct or insulating pipe. 18 [have some questions.
19 @. Do you recall seeing James Whittaker at any 19 WR. SOLOMIAN: Who's your client, Jim?
20 other sites other than UC Berkeley, Oakiand 20 WIR. SINUNU: McClure Electric.
21 Coliseum, Sacramento Convention Center, and the 21 MIR. SOLOMAN: They're not a new-served.
22 Embarcadero Center? 22 BIR. SINUNU: They are a new-served.
23 A. Not at this time. 23 BIR. SOLOMAN: 1 will check. No. They
24 @. Have you ever spoken to anybody that you 24 ~~ were served in July of 2011. I'm not going to allow
25 understood to be employed with James Whittaker? 25 _ you to ask questions. He was deposed in August.
2347 2349
i A. There's a good possibility, but | can't pin 1 MR. SINUNU: They didn't appear, They
2 itdown. 2 ~~ have not ~ they did not appear until December or
3 Q. At any time have you ever worked for James. 3) January.
4 Whittaker? 4 MIR. SOLOMAN: Sorry. i'm looking at
5 A. No, sir. 5 the appearance sheets.
6 Q. Are you familiar with a company called 6 WIR. LEMMON: So ami. I don't see him
7 Raymond Interior Systems North? 7 listed for July 12th at least.
8 A. Yes. 8 You would be looking at August,
3 Q. And how is it you're familiar with that 39 wouldn't you?
10° company? 10 WIR. SOLOMAN: {'m looking at August.
il A. That's the -- that's the new name for James. 11 Why don't you get started, Jim, while I’m looking
12 Whittaker. 12 through this.
13 Q. Okay. Did you ever work at a job site where 13 MR. SINUNU: Okay. Thank you.
14 you Saw a company with the name Raymond Interior 14
15 Systems North on a hard hat or truck, anything like 15 EXAMINATION
16 that? 16 BY MIR. SINUNU:
17 MR. SOLOMAN: Objection, Misleading. 17 Q. And, Mr. Ross ~
18 THE WITNESS: Not right now. 18 A. Yes,
19 BY #IR. TARKOFF: 19
20 Q. I'm sorry. Could you repeat that? 20
21 A. No, not right now. 1 can't ~ 1 can't think 21
22 of any place right now at this time. 22
23 @. Okay. And of the job sites where you were 23
24 present where you saw James Whittaker employees, did | 24
25 you ever take directions from them in terms of how 25

Aiken Welch Court Reporting R. Ross

9-28-1211 (Pages 2350 to 2353)

2350

2351

1
2 |. And you worked for Consolidated Insulation
3 at the time?
4 A. Ye
5
é
7
8
9
10
11
12
13
14
15
16
17
18
19
20
al
22
23
24
25 it would vary from jeb to job there, so some
1 would be — it just — it varied.
2 Q. Okay. You were there ten man days.
3 Are you talking about ten full days during
4 two weeks, or are you talking about something else?
5 A, I'm talking about maybe three days, two
6 — days, five days, one day, different — different
7 little jobs — and jobs.
8 @. Allright. Did you work — did you work
9 there on ten separate days?
10 A. Ten separate days?
11 Q. Yes, as opposed to — when you say "ten man.
12 days," | don't know what you mean.
13 Are you talking about ten full days, are you
14 talking about 20 half days, or some — I'm not sure
15 what you mean by “ten man days.“
16 A. Sir, when I'm talking about a man day, that
17 means eight hours.
18
19
20
21 Q. Were they continuous? Were you there over a
22 two-week period, or was it a longer period?
23 A. Ibelieve | stated | would be there for
24 three days, maybe two days, and five days.
25 Q. Okay. Over what period of time?

Sos anewne

Pee
Who

Pe
ns

Nee
SwoDUd

NNN
Qh

2352
A. ‘87 to '72.
4 coi

ney:

“Q. What floors were you on?
MR. SOLOMAN: You already asked him

that, Counsel, It's harassing. He said he didn't

know. Go ahead.

MR. SINUNU: Okay. He didn't know.

Do you knew that?
WR. SOLOWAN: Move to strike testimony
of counsel,
BY MR. SINUNU:

assumes facts. it's misleading.
Go ahead, sii vot cos .
THE WITNESS: (don't — don't iow, viekniow, |
BY MR. SINUNU: Cea,
@. Do you recail the general contractors on any
of these three jobs?
A. I would have to refer to my notes.
Q. Okay. I'm looking at the notes, Exhibits 9
and 10, The only reference to the Mills Building is
what appears to be the second page of Exhibit 10.
Are those the notes you're talking about?
A. I'm looking at my Exhibit A. it's on
page 70.
Q. Allright. And | don't have that. Hey,
let's do this. Let's look at Exhibit 12, which are
your Interrogatory Answers from June of 2012. And 1
think it's around page 55 that you talk about the

Aiken Welch Court Reporting R. Ross

9-28-1212 (Pages 2354 to 2357)

2354

1 Mills Building, 55 or 56.

2 MR. SOLOMAN: Okay. Yeah, starting on
3 the bottom of 88, going onte $6. | think it's the

4 exact same thing he's looking at. Yeah, it is.

5 MR. SINUNU: Okay.

6 MR. SOLOMAN: Okay. Only It’s in

7 ~~ smailer print, so he's looking at my copy.

8 BY BIR. SINUNU:

9 @. After looking at this document, do you
recognize any general contractors?

Q. Where did you go to access the building?
MR. SOLOMAN: How did you get in and
out?

2355
THE WITNESS: The front door.

BY MIR. SINUNU:
@. Where? What street?

a 1 See Electric. | think
Mr. Soloman told you that.

SOLOMAN: Well, 1 asked you who you
represented. That's how he knew, so that's fine.

Okay. He's got the question. How many
man days did you see McClure Electric?

Aiken Welch Court Reporting R. Ross

2356

25 Q. You said shooting studs into the ceiling.
2357
1 RAR. SOLOMAN: Jim, you're breaking up.
2 (Discussion off the record.)
3 BY MR. SINUNU:
sete
5
6
7
8
9
10
il
12
13
14
1s
16
17 a
18 Q. Okay.
19 MR. SOLOMAN: Hey, Jim, | think -
20 MR. LEMMON: Let's go off the record.
21 (Discussion off the recerd.)
22 BY MIR, SINUNU:
23 Q. What -- how big was the McClure crew that
24 you saw?
A. Which time?

9-28-1243 (Pages 2368 to 2361)

OMAK BWHe

BY IR, SINUNU:

17 Q. How many times did you --
18 MIR. SOLOMAN: Okay. Sorry.
19

BY MR. SINUNU:

ORIMHTBWNE

2360

as
IR. SOLOMAN: Well, he wants to know,

was the ceiling plaster?
NU:

@. Okay. And you believe that that was
fireproofing: correct?

A. Absolutely.

@. And do you have an opinion as to whether or
not that fireproofing contained asbestos?

kind of fireproofing?

A. You're asking -- what are you asking me?
Q. ~ installed at the time.
MIR. SOLOMAN: Sorry, Jim. He stepped
9 on that a little bit because he was continuing to
10 = respond. Maybe you could repeat that.
BY MR. SINUNU:

oe
18 ?
19 A. [have no way of telling. It looked like --

20 Q. Do you know the brand name or manufacturer
21 of-

22 IR. SOLOMAN: Excuse me, Jim. He was
23 continuing to respond. It fooked tke?

24 SAR. SINUNU: fm sorry. Okay. Go

25 = ahead.

2361

A. Yes.

UNIDENTIFIED SPEAKER: Well, what was
your opinion?

UNIDENTIFIED SPEAKER: And what's your
opinion?

MR. SOLOMAN: Was thet two people
asking that?

MIR. SINUNU: | don't know.

MAR. SOLOMAN: | heard a low voice, and
then | heard 2 high voice.

UNIDENTIFIED SPEAKER: | was just
thinking aloud.

MR. SINUNU: | didn't ask it.

OR. SOLOMAN: Well, who — who asked
that question, then?

THE WITNESS: We'll put this on
television.

(BR. SINUNU: Mi ask it. § don't
care.
BY BR. SINUNU:

Aiken Welch Court Reporting R. Ross

9-28-1214 (Pages 2362 to 2365)

2362

questions have to do with this job, right?

a1 WR. SINUNU: Yeah, at Hills Building.
12 WR. SOLOMAN: Right, okay.

13 He's thinking,

14 _THE WITNES

15 CeeGhisitime”

16 “BY MR. SINUNU:

2364

A. Thank you.

Q. | have a couple of other general questions
that ~ and they might have been asked, but | want
to ~ | just want to find out, did -- did — did you
gotoa—

MR. SOLOMAN: I'm sorry. A what
school?
THE WITNESS: Apprentice school.
BY MR. SINUNU:
Q. What years? What year did you turn out?
A. Good question. 1 don't reaily remember.

1

2

3

4

5

6

7 ‘Where ts ?

8 MR. SGLOMAN: Ail that noise, you mean?

9 THE WITNESS: No. McClure Electric.
10 There.
11 ASR. SOLOMAN: This job. Well, his

12 question is, is there any — can i have It read
13° back?
14 {Requested portion was read by the

2365

Cantley?
A. No, Cantley was a journeyman before 1 was.
Q. Well, was it before 19657
MR. SOLOMAN: Was what before 19657
BY MR. SINUNU:
Q. Were you in apprentice school before 1965?
A. You want a guesstimate? | can give you one
pretty close.
Q. Weil, okay. Sure. Give me an estimate.
A, Somewhere between ‘62 and '63 | turned out.
Q. Allright. And was Richard Hollis your
teacher?
AL Yes.
Q. Okay. Where was your school?
A. Ai first it was in San Francisco. Then they
moved over to the East Bay.
Q. And during your career, you've done work in
shipyards, have you not?
AL Yes.
Q. I'm sure that was covered. | just wanted fo
double-check that.
And then you -- and you've read the Asbestos
Worker magazines when they would come to your home?
BIR. SOLOMAN: Objection. Misieading.
THE WITNESS: No.

Aiken Welch Court Reporting R. Ross

9-28-12Exhibit IRoss Jean 2-12-13

N
we

1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 IN AND FOR THE COUNTY OF SAN FRANCISCO
3

4 ROBERT ROSS and JEAN ROSS, 3

5 Plaintiffs, 3

6 vs. 3 No. 275731

C.C. MOORE & CO. ENGINEERS, et 3

7 al,

3 Defendants. }

9
10
1

12 DEPOSITION OF JEAN ROSS

VOLUME II

13

14
a5

Taken before YVONNE L. WHITEFIELD
16 certificate No. 50611
February 12, 2013

i?

18

19

20

21

22

24

25

1 . INDEX

2. wITNESS PAGE

JEAN ROSS ©

Page 1Ross Jean 2-12-13

3

4 = EXAMINATION BY MR. TARKOFF 7
5 EXAMINATION BY MR. SINUNU 36
6 FURTHER EXAMINATION BY MR. TARKOFF 38
7
8
9

EXHIBITS
13 Deposition
Exhibits Description Marked

15 None marked.

1. BE IT REMEMBERED, that pursuant to Notice, and on
2. the 12th day of. February 2013, commencing at the hour of
3. 2:11 p.m. at the Doubletree Hotel, “45 South Alvernon way,
4->. Tucson, Arizona, before me, YVONNE L. WHITEFIELD, a
5.-Certified court Reporter in the State of Arizona and

6 California personally appeared JEAN ROSS, produced as.a

_ 7. witness in said ‘action, and being by me first duly sworn,
es . Page 2 . .ROSS Jean 2-12-13
8 was thereupon examined as a witness in said cause.
9

10 ---000---
11 COUNSEL APPEARING:
12
Representing Plaintiff
13 BRAYTON PURCELL
By: ERIC C. SOLOMON, ESQ.
14 222 Rush Landing Road
1s Novato, California 94948-6169
Representing Defendant Fluor Corp
16 FOLEY & MANSFIELD PLLP
By: THOMAS 3. TARKOFF, ESQ.
17 300 Lakeside Drive
Suite 1900 .
18 Oakland, California 94612
19 Representing Defendant Dw Nicholson Corporation
FOLEY & MANSFIELD PLLP
20 Bye SANDY LIU, ESQ. (Via phone)
300 Lakeside Drive
21 Suite 1900
n Oakland, California 94612

Representing Defendant cahill] contractors
23 ARCHER NORRIS .

BXe CARLOS JIMENEZ, ESQ. (Via phone)
24 2033

N. Main Street
Suite 800
25 walnut Creek, California 94596

Representing Defendant Slakey Brothers, Inc.
BENNETT, SAMUELSEN, REYNOLDS & ALLARD

By: STEVEN CLARENCE, ESQ. (Via phone)

1301. Marina Village Parkway

Suite 300. .

Alameda, California 94501

Representing Defendant Johnson Controls
BECHERER KANNETT & SCHWEITZER

By: PAUL:S. LECKY, ESQ. (Via phone)
1255 Powell] Street

Emeryville, California 94608-2604

“Representing Defendant Monsanto
DRINKER, BIDDLE & REATH, LLP —

By: MICHAEL PULLIAM, ESQ. (Via phone)
50 ‘Fremont Street, 20th Floor

San Francisco, California 94105-2235

© DN Ow FB wNKH PE

H
°

Representing Defendant Foley Electric
BISHOP BARRY DRATH

By: MARY. RYAN, ESQ. (Via phone)
Oo Page 3 _

Bb
Bp2
B
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15
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WV
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21
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24
25

eo On A Ww kt WN

PBR RR be
oa GFR GB RES

Ross Jean 2-12-13
2000 Powell Street
suite 1425
Emeryville, California 94108

Representing Defendant Duro Dyne Corporation
WALSWORTH, FRANKLIN, BEVINS & MCCALL

By: HEATHER ZACHARIA, ESQ. (Via phone)

601 Montgomery Street, Ninth Floor

San Francisco, California 94111-2612

Representing Defendant Perini Corporation
BRYDON HUGO & PARKER .

By: LISA RICKENBACHER, ESQ. (Via phone)
135 Main Street, 20th Floor

San Francisco, California 94105

Representing Defendant Goodyear Tire & Rubber
Company

GORDON REES .

BY: BETHANY STAHLEY, ESQ. (Via phone)

275 Battery Street, Twentieth Floor
Embarcadero Center west |

San Francisco, California 94111

Representing Defendant Red Top Machine Shop
PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLZ
By: JANE BLUMBERG, ESQ. (Via phone)

One California Street

Suite 1910 . .

San Francisco, California 94111

Representing Defendant California Drywall Company
BURNHAM BROWN — .

by WALTER RUNDIN, ESQ. (Via phone)

1901 Harrison Street

Oakland, california 94612-3501

Representing Defendant ‘Temporary Plant Cleaners
COOLEY, MANION, JONES, -HAKE & KUROWSKI

By: “CARRIE LIN, ESQ. (via phone)

201 Spear Street, 18th Floor

San Francisco, California 94105 ~

Representing Defendant JT Thorpe & Son Incorporated
BASSI, EDLIN, HUIE & BLUM:

By: FARHEENA .HABIB, ESQ. (Via phone)

500 ‘washington Street

Suite 700

San Francisco, california 94111

Representing Defendant ST.Amorosa Incorporated

BUTY.& -CURLTANO :

By: .-DREXWELL JONES, ESQ.. (via phone)

555 - 12th Street . ms

Suite 1280
. Page 4

p
c17
18
19
20
21
22
23
24
25

© an nn kRwne

RoE BE RP BP RoR BP pe
Seo eat anne wnes

Ross Jean 2-12-13
oakland, California 94607

Representing Defendant webcor Builders
IMAI, TADLOCK, KEENEY & CORDERY, LLP
By: TINA YIM, ESQ. (Via phone)

100 Bush street

Suite 1300

San Francisco, California 94104

Representing Defendant Henry Beck & Company
IMAI, TADLOCK, KEENEY & CORDERY, LLP

By: STEVEN CARLSON, ESQ. (Via phone)

100 Bush Street

suite 1300

San Francisco, California 94104

Representing Defendant Pacific Mechanical
Corporation

Low, BALL & LYNCH

By: DAN ‘BALTES, ESQ. (Via phone)

505 Montgomery Street, 7th Floor

San Francisco, California 94111-2584

Representing Defendant Collins Electric Company
HAKE LAW PC .

By: MELISSA IPPOLITO, ESQ. (Via phone)

655 Montgomery Street

Suite 1

San Francisco, California 94111

Representing Defendant Pribuss Engineering
ADAMS NYE BECHT LLP .

BY MYTHILY SIVARAJAH, ESQ. (Via phone)
222 Kearney Street, Seventh Floor

San Francisco, California 94108-4521

Representing Defendant McClure Electric
SINUNU BRUNI, LLP

. gy: JIM SINUNU, -ESQ.. (Via phone)
333

Pine Street
Suite 400_ .
San Francisco, California 94104

Page 5wen A wm hw N

VRP EP BE BP ee eB oe ep Ep
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21

NON ON ON
uw wn

Ross Jean 2-12-13

everyday conversation.

If you do that -- people do it all the time -- 1
might ask you is that a yes or is that a no. I'm doing
that in order to clarify the record, okay?

A. Yes.

Q. I don't believe we're going to take very long
here today, but if for any reason you need to take a break
or speak with your counsel, just let me know and we'll
stop the deposition, okay?

A. Yes.

Q. I would ask if you can avoid it, to not guess or
speculate to any of the questions that you're asked. If
you have to do so, please let me know, okay?

A. Yes.

Q. All right.

MR. SOLOMON:

MR. TARKOFF:10
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PNM up won RE

oon au paw

MR. TARKOFF

BY MR. TARKOFF:

Q. Mrs. Ross, you're still married to Robert Ross;
is that correct?

A. That’s correct.

Q. All right. Do you stil] reside in both Arizona
and in Oregon?

A. Yes.

Q. Can you tell me how much of the time in 2012 you
spent in Oregon versus Arizona?

A. Four months in Oregon. it's been shortened.

Q. why is that?

A. Because of Bob's sickness, getting back to the
doctors and my sickness getting back to the doctors.

Q. Okay. And when you say your sickness, what do
you mean?

A. Ihave trouble with my heart now.

.Q. Are the treating physicians for both you and your
husband based here in arizona? : /

10

A. Yes. .

Q..- Has anybody who is treating you told you that
your. problems with your heart relate in any way.to ,
asbestos ‘exposure? : :

A. NO.

“Q. : Before 2012, what months would you typically

spend in Oregon?
: . Page 8

:
E
: