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

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BUTY.& GURLIANOLLP
555-12" Srruer

JASON J. CURLIANO [SBN 167509}

GEORGE S. SULLIVAN [SBN 187793]

BUTY & CURLIANO LLP

555 ~ 12" Street, Suite 1280

Oakland, California 94607

Tel; 510.267.3000

Fax: 510.267.0117

Email: jasonc@butycurliano.com
jsullivan@butycurliano.com

Attorneys for Defendant

HAROLD BEASLEY PLUMBING & HEATING, INC.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

FEB 20 2013

Clerk of the Court
BY: CAROL BALISTRERI
Deputy Clerk)

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS,
Plaintiffs,
v.
C.C. MOORE & CO. ENGINEERS; et al.,

Defendants.

NN a eed el a a ed a a ee Ne Ne et

No, CGC-10-275731

EXHIBITS “E” THRU “H” TO
DECLARATION OF GEORGE S.
SULLIVAN IN SUPPORT OF
DEFENDANT HAROLD BEASLEY
HEATING & PLUMBING, INC'S
MOTION FOR SUMMARY JUDGMENT
OR, IN THE ALTERNATIVE,
SUMMARY ADJUDICATION

Date: May 8, 2013
Time: 9:30 a.m.
Dept: 503

Trial: June 10, 2013

EXHIBITS “E” THRU “H” TO DECLARATION OF GEORGE S. SULLIVAN IN SUPPORT OF DEFENDANT
HAROLD BEASLEY PLUMBING & HEATING, INC.’s MOTION FOR SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATIONEXHIBIT “E”IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
~~ 000~--
ROBERT ROSS,
Plaintiff,
vs. No. 2740939
ASBESTOS DEFENDANTS,

Defendants.

DEPOSITION OF ROBERT ROSS
VOLUME IT

(Page to 232 - 506)

Taken before EARLY K. LANGLEY, RMR

CSR No. 3537

February 21, 2008

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1 BY MS. RASMUSSEN:

2 Q. Please, go ahead, sir.

3 A. During the time we were there, welders used --
4 used asbestos cloth so they wouldn't burn people as

§ they were welding, and that got thrown around and

6 kicked around. Most all of them used it, you know, so
7 they wouldn't get any hot sparks on people, but they'd
8 get the asbestos on them.

3 Q. Do you know who employed the welders at PG&E
10 Pittsburg while you were there?

12 A. Not at this time, no.

12 Q. Do you know the brand name, manufacturer or

13 supplier of any of the welding cloth that the welders
4 were using?

a5 A. No, ma'am.

16 Q. Did you ever wear a mask or respirator at PG&E
al during this job in the 1959 to 1960 time period?

18 A. Yes, ma'am.

ig Q. What kind of mask or respirator did you use?
20 A. 3M paper mask.

21 Q. And what duties were you performing when you
22 wore the 3M paper mask?

23 A. I constantly wore a mask all through my career. |
24 That should answer a lot of questions.

25 Q. Was the mask provided to you by your employers?

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a A. Yes, ma'am.

2 Q. Do you know what -- for what purpose the masks
3 were provided to you?

4 MR. SOLOMON: Well, objection. That seeks the
5 witness to speculate. Lacks foundation of personal

6 knowledge.

7 Go ahead, sir.

8 MS. RASMUSSEN: I'll strike the question.

9 BY MS. RASMUSSEN:

10 Q. Were you ever told for what purpose the masks
i were provided to you?

22 A. No, ma'am.

13 Q@. Were you told you were required to wear a mask? |
14 A. No, ma'am.
as Q. Why did you wear a mask?
46 A. LI.personally wore a mask because asbestos and
AZ fiberglass made me cough. So, I just eliminated that.
18 Q. Would you wear the same mask all day or would
19 you wear more than one different mask --

20 A. No,

21 Q. -- in any given day?

Just one day. One mask.
Would you change the mask daily?

Yes, ma'am.

Did you ever attend any union meetings where

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And here's the drawing that you were looking

at. That's the symbol they had on their trucks.

Q. Who had on whose trucks?

A. Plant. It looks like it's -- it looks like a
German cross.

Q. Plant Asbestos later known as Plant Insulation

Company?

A. Plant Asbestos. That's what it came out of the
box out then it went into Plant Insulation later on.

Q. Thank you, sir. You're right. I did look at
your doodle.

MS. RASMUSSEN: Does anyone have any follow-up

on that?
BY MS. RASMUSSEN:

Q. Sir, do you recall where you next worked after

this one-day job at the maritime union as a freebee?

A. Yes. McKinley High School, McKinleyville.

Excuse me.

9. And were you employed by Western Asbestos on

this job?
A. Yes, ma'am.
QO. Do you recall what year or years you worked at

the McKinleyville High School?
A. Between 1961 to 1965.

Q. For how long did you work at this high school,

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sir?

A. Approximately three weeks on and off. That's
what it says here. Yes. That's about it. Yes.

wom

a That's about it.
& Q. Did you work there?
A. Bless you.

In

Ww

QO. I'm just trying to understand what your

& interrogatories say and what you're trying to explain.
2 You worked there for three weeks off and on
ae between the years 1961 to 1965? Yes?

4b A. Yes. Different times.

a2 Q. Am I correct that you might work there for a
a3 day or two and then leave and come back and it would be
i back and forth?

As A. Yes, matam,

46 Q. Total three weeks?

Az A. Ballpark, ves.

48 Q. Faix enough.

ig Was the bulk of the work that you did at

20 McKinley High School during any specific vear between
2L 1961 and 1965?

22 A. I'd say the bulk of the work was in 1961.

23 Q. Thank you.

24 Was your job as an apprentice insulator at
23 McKinley High School when you started in 1961?

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i A. Yes, ma'am.
2 QO. And by the time you worked there in about 1965,
2 you_had turned out as a journeyman; is that correct?
4 A. No. Idon't remember when I turned out. I'11
3 have to think about it, but I was an apprentice there
& but I acted as a mechanic,
Z Q. During the entire time you worked at
& McKinleyville High School?
2 A. Yes, ma'am.
19 Q. What duties did you perform at McKinleyville
i High School, sir?
12 A. Pipe insulation.
13 Q. Did you have co-workers on this job?
14 A. (Indicating) .
15 Q. One co-worker?
16 A. Yes, ma'am.
17 Q. Who was your co-worker?
18 A. Harold -- what was his name? Harold. How can
19 I ever forget him? He's long gone, but his name was
20 Harold is all I can remember at this time.
a2 Q. Harold Smith, does that refresh your
22 recollection?
23 A. Yeah,
24 Q. It's in your interrogatories.
25 A. It is? See, I wasn't looking at it, was I?

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a Q. You did a great job. Thank you.

2 Did Mr. Smith work with you each time you

3 worked at McKinleyville or only sometimes?

4 A. He was supposed to be there all the time.

5 Q. But --

6 A. But Harold had a tendency to, we don't want to
7 go there, do we?
8 MR. SOLOMON: All she wants to know is was he
° there every day you were there on the job.

10 THE WITNESS: No, no, he wasn't.

it BY MS. RASMUSSEN:

12 Q. Was there more than one building at

13 McKinleyville High School when you work there?

1a A. Yes, matam.

as Q. Did you work at a specific building?

16 A. dust worked in different buildings.

17 Q. Do you know -- did you work at all the

18 buildings at McKinleyville High School during this --
19 A. I can't remember at this time if I worked at
20 all of them.

21 Q. Do you know which buildings you worked at on
22 this job?

23 A. There was -- I can't remember at this time.
24 Q. You said you were insulating pipe.

25 A. Yes, ma'am.

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1 . Q. Did you do anything else other than insulate
2 pipe at McKinleyville High School?

3 A. No, ma'am.

4 Q. Was the pipe that you were insulating a metal
5 pipe?

6 A. Some was metal. Some was copper.

7 MR. SOLOMON: Technically speaking, copper is a
8 metal, too.

9 THE WITNESS: Well, I didn't --

10 MR. SOLOMON: Fair enough.

1 BY MS. RASMUSSEN:

12 Q. Had the pipe been previously insulated or was
13 it all being newly insulated?

44 A. It was new piping.

3 Q. Do you know who installed any of the piping?
a6 A. I have -- yes.

1 Q. Who was that?

48 A. Brizard Construction.

412 Q. Was Brizard Construction --

20 A. LI'tm not through,

2h Q. I'm sorry. I apologize.

22 A. Frank Booth, Harold Beasley, and -- and Hon --
23 Honeywell was the control man there.

24 Q. Let me back up.

25 And I'll just ask you this way.

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Were there any other trades working out at the
high school when you were there?

A. Yes, ma'am.

What trades did you see?

Plumbers, fitters, control men,

And was there a general contractor?

I'm trying to think if Brizard was a general
and a mechanical contractor at the same time and I
can't remember at this time. But I know they were
there because they did a lot of work up in that area.

Q. Was this the new construction of the high
school, sir?

A. Yes, ma'am.

Q. Were there any building or structures that were
already at the high school?

A. Yes, ma'am.

Q. Do you know what buildings were being newly
constructed?

A. No, ma'am.

Q. And as far as your recollection, Brizard
Construction had the fitters on the job and were,
perhaps, the general contractor?

A. I'm going to say that Brizard was a general
contractor.

Q. Did they also employ the fitters, or you're not

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1 sure?

2 A. They don't employ them. They worked for them
3 as -- on a contract, but they had laborers.

4 Q The laborers were employed by Brizard?

5 A Yes, ma'am.

6 Q. And, do you know who employed the control men?
7 A They employed themselves.

8 MR. SOLOMON: Who was paying them?

9 _ THE WITNESS: Honeywell.

10 MR. SOLOMON: That's what she's looking for.
i THE WITNESS: Honeywell.

12 BY MS. RASMUSSEN:

13 Q. You identified some names of companies and

1a trades. I'm trying to match them up.

a5 A, Okay.

16 Q. You believe Honeywell employed the control men;
wv is that correct?

18 A, Yes, ma'am.

42 Q. And who do you think Harold Beasley employed?
20 A. Fitters or plumbers.

21 Q. And what about Frank Booth?

22 A. Fitters or plumbers.

23 Q. And they were all there at the McKinleyville
24 High School when you were present? —

28 A. Different times.

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a Q. Different -- each of these companies --
2 A. This starts from 1961 to 1965. ZI was there at
3 different times.
4 Q. Is there any way for you to distinguish one job
8 from another?
& A. Pretty hard, ma'am. I'd just be guessing.
7 Q. Let me try it this way, then.
8 You recall Honeywell employed control men out
9 at the McKinleyville High School.
10 Do you know what year or years Honeywell was
a out there?
12 A. I can't remember at this time.
13 Q. Do you have a recollection what Honeywell
14 employees were doing, if anything, at the McKinleyville
as High School?
16 A. Installing the controls.
av Q. Were these new controls?
18 A. Yes, ma'am.
ag OQ. Do you know what year or years Harold Beasley
20 was at the McKinleyville High School?
2h A. I can't remember at this time.
22 Q. And they were either doing plumbing or
23. pipefitting work; is that correct?
24 A. Yes, ma'am.
25 Q. Was this all new work?

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a A. What I remember it was, yes.

2 Q. What about Frank Booth; do you know what year

3 or years Frank Booth employees were at the

4 McKinleyville High School?

5 A. Somewhere in that time frame.

6 Q. Somewhere between 1961 and 1965?

7 A. Yes, ma'am.

8 Q. But you don't remember which year? /
3 A. No.

10 Q. And do you remember what they were doing, if

32 anything?

32 A. They were installing new pipe. /
13 Q. New pipe? :
14 A. Yes, ma'am.

15 Q. Did you see any pumps out at the high school at
16 any time between the 1961 to '65 time period?

17 A, Yes, ma'am.

18 Q. Did you work with any pumps, yourself?

19 A. No, ma'am.

20 Q. Did you see others working with pumps?

a1 A. No, ma'am.

22 Q. Do you know the brand name, manufacturer or

23 supplier of any pumps at McKinleyville High School?

24 A. No, ma'am.

25 Q. Did you work with any valves?

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1 A. No, ma'am.

2 Q. Did you see anyone else working with valves? |
3 A. I can't remember at this time for sure.
4 Q. Did you see any valves at the McKinleyville
5 High School?

6 A. Yes, ma'am.

7 Q@. Do you know the brand name, manufacturer or
8 supplier of any of the valves?

3 A. No, ma'am.

16 Q. Did you work with or around any gaskets at
1. McKinleyville --

12 A. Yes, ma'am.

3 Q. -- during any of this time?

14 That was my fault.

15 A. Good.

16 Q. Did you personally work with gaskets, sir?
u7 A. No, ma'am.

18 Q. Did you see others working with gaskets?

19 A. I can't remember at this time.

20 Q. Do you know the brand name, manufacturer or
aL supplier of any gaskets that may have been at

22 McKinleyville High School when you were there?

23 A. I can't remember at this time.

24 Q. Did you see any fireproofing, sir?

23 A. I can't remember at this time.

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+ Q. Did you see any heat exchangers at the high
2 school?

3 A. Yes, ma'am.

4 Q. How many heat exchangers did you see?

5 A. One.

6 Q. Did you see anyone working on the heat

7 exchangers?

8 A. No, ma'am.

3 Q. Did you work on the heat exchangers?

10 A. No, ma'am.

1 Q. Do you know the brand name, manufacturer or
2 supplier of any heat exchangers at the high school?
13 A. Repeat that, please.

14 Q. Do you know the brand name, manufacturer or
15 supplier of any of the heat exchangers at the high
16 school?

uy A. Not at this time, no.

18 Q. Did you see anyone working with drywall,

19 drywall accessory products or lath and plaster at the L
20 McKinleyville High School?
2a A. They had some sheetrockers there.

22 Q. Were the sheetrockers hanging sheetrock?
23 A. Yes, ma'am.

a4 Q. Do you know the -- who employed the

as sheetrockers?

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1 A. I believe it was California Drywall.

2 Q. Do you know the brand name, manufacturer or

3 supplier of any of the drywall sheetrock that was being
4 hung?

5 A. No, ma'am.

6 Q. Did you see anyone working with any drywall

7 accessory products, taping, mud, joint compound?

8 A. Yes, ma'am,

9 Q. Any of that?

10 A. Yes, ma'am.

i Q. Were those the sheetrockers or were those

12 someone else?

13 A. Sheetrockers.

14 Q. Do you know who supplied or the manufacturer of
15 any of those materials?

16 A. I can't think of it at this time, no. Not at
17 this time, I can't remember.

18 Q. Did you see anyone working with any roofing

19 materials at the high school?

20 A. No, ma'am.

21 Q. Did you work with any mastics?

22 A. Just Foster's 3036.

23 Q. Did others work with mastics, also?

24 A. Not on that job.

25 Q. Did you see an electrical contractor out at the

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1 high school?
2 A. I'm sure there was one there, but TI don't
3 remember who it could have been.
4 Q. Did you see the electrical contractors doing
5 any work?
5 A. I don't remember at this time.
7 Q. Do you know the maintenance history of any of
8 the equipment at the high school?
3 A. No, matam.
10 Q. Did you ever return to the high school after
a these jobs from 1961 to 1965 that lasted three weeks
a2 total?
a3 A. No, ma'am.
14 MS. RASMUSSEN: Does anyone have any questions?
is EXAMINATION BY MS. NAGPAL:
16 Q. Sir, during the time that you were at the
17 McKinleyville High School working for Western Asbestos
18 from 1961 to 1965, did you see any other insulating
19 contractors other than Western Asbestos?
20 A. No, matam.
al Q. Did you use all Johns-Manville insulating
22 materials to perform your job?
23 A. To the best of my recollection, we did.
24 MS. NAGPAL: That's all I have.
25 Thank you.

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1 EXAMINATION BY MR. SHIN:

2 Q. Sir, did you see a boiler at this jobsite?

3 A. I saw one, yes.

4 Q. Did you see any work to the boiler?

5 A. No, sir.

6 Q. Did you perform any work to the boiler?

7 A. No, sir, not me, personally.

8 Q. Did you ever work near the boiler?

3 MR. SOLOMON: Objection. Vague.

10 Go ahead.

1 THE WITNESS: I was in the boiler room briefly.
12 BY MR. SHIN:

13 Q. And what were you doing briefly in the boiler
i4 room?

1s A. Piping.

16 Q. Did you ever see that boiler opened up?

17 A. No, sir.

18 Q. And, do you know the brand name, manufacturer
13 or supplier of that boiler?

20 A. No, sir.

a1 Q. Do you recall the size of the boiler?

22 A. I've seen so many boilers. Wasn't very big.
23 Three feet in diameter.

a4 Q. How about the length?

25 A. Eight feet.

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24

25

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Q. And was it insulated on the exterior?
A. I can't remember at this time.
Q. And lastly, did you see any lath or plaster at
this jobsite?
A. Not that I can remember.
MR. SHIN: Thank you for your time.
EXAMINATION BY MS. FOSTER LOVAS:
Q. You said that Harold Smith was long gone.
By that did you mean he's deceased?
A. Yes, ma'am.
MS. FOSTER LOVAS: Pass the witness.
EXAMINATION BY MR. JONES:
Q. Hi, sir. I'm Drex Jones.
A. Nice to meet you, Drex.
Q. So you identified Beasley employees at the
school.
How did you know they were employed by Beasley?
A. Because I know Harold Beasley.

Q. How long have you known Harold?

;
A. I've known Harold for, oh, well, ever since I :
started in the trade. E

Q. Were you social friends before that? Did you
work together at some point? LE
A. I worked together with him. I took him to a

football game at one time.

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a Q. Going back to the McKinleyville school, you

2 worked there from '61 to '65.

2 Can you tell me when in that time frame did you
4 see employees of Beasley?

3 A. I can't be specific. I can't remember at this

& time.

7 Q. What -- this was new construction, when you

8 first arrived on this jobsite, what phase was the

9 building in? Can you describe the state of its

10 completion?

i A. Being apprentice, I didn't really know at that

12 time. At this time or that time.

a3 MR. SOLOMON: Little things.

14 Did you know whether the roof was on?

15 THE WITNESS: Oh, okay. All right. All right.
16 The roof was on. Thank you. Some of the doors were

av on. I remember that.

18 The shell was on.

19 BY MR. JONES:

20 Q The shell was on?

a1 A. Yes, sir.

22 Q. Did you see Harold Beasley on this jobsite?

23 A. No, sir.

24 Q. So, then, how did you identify employees of

25 Beasley?

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1 A. I'm trying to think of his name. I can't think |

2 of his name. It was a father. Brownie. They had a
3 father-and-son team. They weren't together there, but,
4 anyway, that's how I remember Brownie.

5 _ Do you remember Brownie?

s Q. Ido not. I'm not familiar with Brownie.

7 A. I thought maybe you'd know him.

8 MR, SOLOMON: He will be.

9 BY MR. JONES:

10 Q. Do you know the last names, first names?

1. A. No, we didn't deal with that.

12 Q. Let me ask it is this way: Did the Harold
13 Beasley employees wear hard hats or uniforms that bore
14 their logo or name?

15 A. Not that I can remember.

16 Q. So you knew --

17 A. I knew, yes.

18 Q. You knew them personally?

a2 How large was the Harold Beasley crew at

20 McKinleyville school?

21 A. I just remember seeing Brownie there.

22 Q. so just one individual?

23 A. Yes, sir.

24 Q. And, did you have an occasion to see Brownie

28 perform work?

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a A. Yes.

2 Q. And what did you see?

3 MR. SOLOMON: Seeks a narrative.

4 Go ahead.

3 THE WITNESS: Well, I remember seeing Brownie

ja

when he was testing pipe go by with a hammer and hit

Na

his fittings.

8 BY MR. JONES:

2 Q. I missed the middle part of that answer right
40 before the hammer.

an MR. SOLOMON: I remember when Brownie was

12 testing pipe. He'd go by with his hammer and hit the
13 fittings. That may not be verbatim, but it's awful

4 close.

a5 THE WITNESS: That is close. That's exactly
16 what I said, I think.

27 BY MR. JONES:

ig QO. So they wouldn't insulate the pipes before they
42 tested them, would they?

28 A. No.

21 Q. So these fittings wouldn't have any insulation
22 on them, would they?

22 A. No, sir.

24 Q. Did you ever work within 20 feet of Brownie?
28 A. Yes.

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a Q. How often -- can you give me an approximation
2 of how many times you did so?

2 A. Qn this particular job?

a Q. Yes.

2 A. iIcan't -- I can't -- no, I can't -- not on

& this job, no. I just know he was there and I worked --
Z I_didn't really pay attention to what was, you know, on
& this. I was just an apprentice. Just know I worked

2 with him. I know his name was Brownie. Through the

10 years I_knew him better.

aa Q. Did you meet Mr., or did you meet Brownie on
12 this jobsite?

13 A. I can't remember at this time.

14 Q. Is that his nickname?

4s A. Brownie.

16 Q. And.

uW A. Maybe he was named Brown. I don't know. Just
18 Brownie. That's what we called him.

19 Q. Sure.

20 Aside from testing the pipes, did you see

aL Brownie perform any other kind of tasks at this

22 jobsite?

23 A. I watched him install pipe a little bit.

24 Q. And what -- what was the material of the pipe
BB you saw Brownie install?

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A. Copper.

2 Q. And so he would weld -- how would Brownie join

2 pieces of copper, if he did?

4 A. Solder.

5 MR. SOLOMON: They call it brazing or something

6 like that. What do I know?

7 THE WITNESS: That's right.

8 BY MR. JONES:

3 Q. Were you ever close enough to Brownie to see
10 the brand name or manufacturer of any materials that he
i used in his work?

12 MR. SOLOMON: Objection. Vague. I'll

13 stipulate that the copper was non-asbestos material.

14 I'm not sure what other materials you're talking about.
15 But go ahead, sir, if you do.

16 MR. JONES: I'1l withdraw that question and lay
17 a foundation.

18 BY MR. JONES:

19 Q. Did you see Brownie work with any other
20 materials other than copper and the hammer?
ad A. No, not when he was there, no. The hammer
22 being kind of, you know...

23 Q. I understand.

24 A. But he did use a hammer.

25 Q. Let me ask --

Aiken & Welch Court Reporters Robert Ross 2/21/2008

6b868590-3682-4094-8434-5a62a1b30e64Page 394 |

1 A. Never seen it before.

2 Q. Did Brownie ever disturb insulation materials

2 in your presence?

4 A. Yes, sir.

a Q. What materials did he disturb?

& A. When they hang the pipes they've got to shoot a

hw

stud up in the ceiling to put their hangers in and then

Joo

when they get the hangers in, they've got to run the

2 ipe.

12 Q. What aspect of shooting the studs into the

a ceiling caused the disturbance of insulation?

32 A. Because it was always -~ it was there, so once
43 the stud went in there they fired a .22 in there, why,
44 the stuff would come off, it would fall off.

is Q. Did this occur in your presence?

16 A. Yes, sir.

37 Q. How many times?

38 A. Many times.

19 Q. On this jobsite, could you give me an estimate
20 as to the number of times that you were near Brownie

21 when he shot studs into the ceiling?

22 A. Could you specify what you mean by "near"?

23 Q. Within 10, 20 feet?

24 MR. SOLOMON: Objection. Vague. Within 10 or
25 20 feet.

Aiken & Welch Court Reporters Robert Ross 2/21/2008

6b868590-3682-4a94-8434-5a62a1b30e64Page 395
i THE WITNESS: I don't know. I can't -- I can't

2 remember at this time. I'd be guessing. You know, I
3 don't -- no. I'd be guessing.
4 BY MR. JONES:

fur

Q. And you were wearing a_mask when you were

& performing your work on this jobsite; correct?
LZ A. Yes, sir.

foo

Q. Well, let me ask you this: When -- when you

2 would be near Brownie when he would shoot the stud in

40 the ceiling, would you be wearing your mask at those

AL times?

42 A. Yes, sir. I tried to wear my mask all day. I

2 know you didn't ask me that, but I was just letting you

a8 know.

a8 Q. Was Brownie at this jobsite every time you were
46 at this jobsite or was it hit and miss?

Az A. I just remember him one time.

a8 Q. One time. On _one occasion.

ag Was that for a full day you worked with him?

20 A. Yes, sir.

aL Q. And aside from shooting the studs into the

22 ceiling, install the copper piping and testing the

23 pipes, did you see Brownie perform any other work?

28 A. Not that I can remember at this time.

25 MR. JONES: I think at this time that's all the

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6b868590-3682-4a94-8434-5a62a1b30064Page 396

1 questions I have. So perhaps we'll follow up a little
20° bit later.

3 THE WITNESS: Thank you.

4 MR. SOLOMON: Thanks, Drex.

5 EXAMINATION BY MS. NAGPAL:

& Q. Sir, I just want some clarification about the
2 ceiling material.

& When you say you were shooting the stud into

2 the ceiling and insulation would fall off, are you

ag referring to like ceiling tiles?

ah A. No, ma'am. It was a hard ceiling.

42 Q. So was it -- do you know if it was exterior

43 fireproofing that was falling down?

a A. Yes, ma'am. It was just like if you'd spray in
a3 here you'd spray that Monokote in here and this was a
48 hard ceiling, shot a stud up into that ceiling into the
az concrete and consequently all of the Monokote would

ag fall off.

19 MS. NAGPAL: Thank you for the explanation.

20 That's ali I have.

aa THE WITNESS: You're quite welcome.

22 MS. RASMUSSEN: Anyone on the phone have any
23 questions?

24 EXAMINATION BY MS. RASMUSSEN:

25 Q. Sir, do you recall where you next worked after

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2 working at McKinleyville High School for Western

2 Asbestos?

3 A. Let me see something here.

4 Calaveras cement plant in Redding.

S$ MR. THUESEN: This is Albert Thuesen. Can the
6 court reporter repeat that last answer.

7 (Record read.)

8 BY MS. RASMUSSEN:

9 Q. Sir, do you recall what year or years you

10 worked at Calaveras cement plant in Redding?

1 A. Between the years 1961 to 1965.

12 Q. Is it similar to the McKinleyville High School
13 site that you worked for a total of one month, but it
ua was off and on during the years '61 to '65?

15 A. To my best of my recollection, I would say it
16 was two or three times I went back in that one-month

17 period.

18 Q. You lost me.

19 A. Okay.

20 Q. Did you work at the Calaveras plant between

21 1916 and 1965?

22 A. Yes, ma'am.

23 Q. And you went to the Calaveras cement plant

24 during that time two or three times?

25 A. Yes. I would say thinking about it I would say

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6b868590-3682-4a94-8434-5a62a1b30e6423

24

Page 506 |
STATE OF CALIFORNIA )

4 1, “Bisa K. LANGLEY, do hereby certify:
\ anae
Hat Ger ROSS, in the foregoing deposition

aves, Gi prbetny. and by me sworn as a witness in the

ancMdesent a a yn at the time and place therein

“epitty,

phat 4 page was taken before me at said
time placen and’av oe down in shorthand by me,
rter of the State of

a Certi ante
California, Vnerdaiess transcribed into
typewriting, oe at che s0Rgping transcript
constitutes a full true aig cofteet report of said
deposition and of thé’ Bupceddings that took place;

IN WITNESS WHEREOF, \. ave hereunder subscribed my

ie

hand this 2nd day of March*2008.

EARLY K. GL. CSR No. 3537
State of California

Aiken & Welch Court Reporters Robert Ross 2/21/2008

6b868590-3682-4a94-8434-6a62a1b30e64IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
~--000-~~
ROBERT ROSS,
Plaintiff,
vs. No. 274099
ASBESTOS DEFENDANTS,

Defendants.

DEPOSITION OF ROBERT ROSS

VOLUME VII, Pages 1457 - 1683

Taken before EARLY K. LANGLEY, RMR
CSR No. 3537

December 15, 2008

TEI

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1 MR. JONES: Any other follow-up on this job

2 site?

3 BY MR. JONES:

4 Q. The next job site that's listed is the Hilton
§ hotel, but I'm going to skip that and I'm going to jump
6 to the St. Patrick's High School. I have an interest

7 in that job site so I'd like to get there.

& Do you recall working at St. Patrick's High

2 School?
io A. Yes, sir.
aL Q. And how long did you spend working on that job
2 site in total?

a3 A. Off and on for about a month.
a4 Q. Do you recall, was it the beginning, middle or
is end of the time that you worked for Consolidated?
16 A. Iwas with Consolidated at the time.

az Q. Do you recall if it was at the beginning of

a8 your work with Consolidated or toward the end of this
42 stint?

22 A. It was near the beginning of my employment with
21 Consolidated.
22 QO. Do you believe it was still in the '60s?
23 A. Yes.

24 Q. And who worked with you on this job, if anyone?
25 A. Joe O'Balle.

Aiken & Welch Court Reporters Robert. Ross 12/15/2008

d39d464d-4a66-46a5-a5ed-c05102a74e47a Q. And what did you quys do?
2 A. We insulated pipe under the buildings, and in
2 the boiler rooms we did a hot water storage tank. We

i

worked in the mechanical room. And I worked with a guy

ka

that, he was the fitter. His name was Browning.

6 MR. HATCH: May we have answer read back,

7 please, Ms. Reporter.

8 (Record read.)

9 MR. HATCH: Thank you.

10 THE WITNESS: I don't speak very well.

a1 BY MR. JONES:

42 Q. Okay. And who employed Browning?

43 A. Mr. Beasley. He was on the job also. He was
4 running the ‘job.

AB Q. And was that Harold?

as A. No. That's not Harold. Jim Beasley. He was
iz the one.

2 Q. Was anyone else on this job site that you

22 believe was employed by Mr. Beasley?

20 A. There was, but I can't remember at this time
21 who it was. I think they were just there for a short
22 period of time.

23 Q. But only one other individual?

24 A. Yeah. There was one more that worked with me,
25 Mickey Johnson. He worked with me on that job, too.

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4 Q. het's talk about the work that Browning did.

2 Did he work with you, or was he working separately from
3 what you were working?

4 A. We work together in the mechanical room.

a Q. And what did you work together on?

& A. Well, I mean, I was working alongside of him

tw

while he was doing things.

jo

Q. In the mechanical room, what work were you

doing?
20 A. Iwas covering -- I was insulating the hot
in water steam, and particular water.
42 Q. And you were applying what type of insulation?
42 A. Asbestos -- let's see, Pabco -- oh, no, that's
ia on the tank, Pabco block insulation with 352 blue mud
a3 on the tank. Some of the pipe covering was fiberglass.
16 Q. In the member -- in the mechanical room?
7 because that was sort of my question.
18 A. I really can't remember at this time. I know
19 the majority of it was fiberglass that we used
20 underneath the building and out of the mechanical room.
23 Q. Let me ask this: Do you recall just in terms
22 of dimensions how large the mechanical room was?
23 A. Very small.
24 Q. Give me a rough estimate on 10-by-10, 20-by~-20?
25 MR. SOLOMON: Bigger than this room, smaller

ETT

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2 than this room?

2 THE WITNESS: Smaller than this room.

3 BY MR. JONES:

4 Q. And what do you estimate this room as?

5 A. Me?

6 Q. Yeah.

7 MR. SOLOMON: It's a two-foot square tiles.
8 MR. JONES: So 30-by?

9 MR. SOLOMON: 27-by.

20 THE WITNESS: I said it was smaller.

al MR. SOLOMON: 10, 12, 14, 16, 18.

12 THE WITNESS: It was a mechanical room, and
13 then there was a room where they had the hot-water
14 tank. That was a mechanical room also. That was very
is small, very small.

16 BY MR. JONES:

17 Q@. The one with the tank in it was very small?
18 A. Yeah. Very.

19 Q. What was that, can you give me an estimate?
20 A. Oh, the tank? It was probably 8 feet by

22 4 feet, roughly, ballpark.

22 Q. And the room was somewhat larger than that?
23 A. Yeah. Not much more.

24 Q. All right. So while you were -- and there were
25 how many lines of pipe did you insulate in the

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39d464d-4a66-46a5-abed-c05102a7 4047Page 1643

1 mechanical room?

2 A. I can't remember at this time.

2 Q. What was Browning doing in the mechanical room
4 while you were in there?

5 A. He was -- Browning was putting in pipes,

& valves, strainers, et cetera. I was doing the domestic
1 water at the time when he was putting those pipes in.

& Q. Was this new construction, or was this a

2 remodel?

29 A. New.

24 Q. And do you know the brand name or manufacturer
12 of any valves that Browning was working with?

43 A. I can't be sure at this time. But I...

14 Q. Were those -- those valves were going on steam
18 lines or hot water?

16 A, Hot water, steam.

az Q. Did you see Mr. Browning work with any gaskets?
48 A. Yes. Garlock gaskets.

i2 Q. Were they Garlock type or Garlock brand?

20 A. Garlock brand. He made his own.

24 Q. So he fabricated Garlock brand gaskets?

22, A. (Inaudible response.

23 Q:. How many times did he do that?

24 A. Zcan't be specific.

25 @. Can you -- well, let me ask this: In a room

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1 approximately or less than the size that we're in, how

2 many valves were installed in that room?

3 A. TI can't be specific.

4 Q. Was it more than one?

5 A. They're all different.

6 Q. Do you know if it was more than one?

7 A. Oh, yeah.

& Q. And how much time in total did you spend

2 working in the mechanical room with Browning?

ig A. I can't remember at this time.

ai Q. As a percentage of time you spent on the job
12 site working at different areas, can you tell me, give
13 me a rough estimate as to how much time you spent in
4 the mechanical room versus that other tank room or

15 underneath the building?

16 A. I'd say 20 percent.

a7 Q. Did you see Browning work with any packing

18 material?

19 A, Not that I can remember at this time.

22 Q. And other than in the mechanical room, did you ;
2h work in the presence of Browning at any other area on
22 the job site?

23 A. ZI can't remember at this time.

24 Q. How about Jim Beasley, did you work alongside
28 Jim Beasley_on this job site, or did you just see him

met!

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be

on the job site?

2 A. Well, as a matter of fact, I. did work with Jim

2 you _ know, on different parts. He was the boss. He

4 didn't do a whole lot of work.

fr

Q. Can you remember any specific hands-on work

jo

that you saw Jim Beasley perform at this job site?

7 MR. SOLOMON: Does it have to be hands-on
8 equipment as opposed to personnel?
9 MR, JONES: Yes.
10 MR. SOLOMON: Okay.
1. MR. JONES: Hands-on equipment.
42 THE WITNESS: I_saw him doing some particular
13 pipe, hot-water pipe.
a4 BY MR. JONES:
18 Q. Was he doing -- what was he doing with respect
46 to that pipe? Was he laying that pipe?
i A. Yeah.
18 Q. And was he joining those types together at all?
42 A. Yes.
20 Q. Were those domestic hot water, were those

2h copper lines?

22 A. Yes, ma'am. Yes, sir. Sorry about that. I
22 got_ ma'am on my mind.

24 Q. Iget that a lot now. That's true.

And those copper lines they were soldered

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Robert Ross 12/15/2008

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te

together; right?

fo

A. Yes, sir.

2 QO. Did you see Mr. Beasley perform any other type
4 of work with any other type of equipment on this job

8 site?

& A. I_can't tell you what I saw him doing. So I'll
z just let it pass. No, sir, not ag far as working with

fo

equipment, no.
9 Q. And how about Mickey Johnson, what work did you

10 see Mickey doing?

in A. Oh, he came -- he came in to help me with the

12 piping and ride my motorcycle, yeah.

13 Q@. And as far as helping you with the piping, that
14 would be laying the piping so you can insulate it?

15 A. No, no, no. He was an insulator. He was an

16 apprentice insulator.

17 Q. Oh, I missed that.

18 A. Sorry about that.

19 Q. Was he an apprentice at that time?

20 A. Uh-huh.

2. MR. SANDGREN: Is that a "yes," six?

22 THE WITNESS: Yes.

23 MR. SOLOMON: "Uh-huh" is difficult. There you
24 go. |
25 BY MR. JONES:

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1

Q. Do you know if Mr. Johnson -- is he still
alive?

A. Last I heard he became a lawyer.

Q. Poor man.

MR. SOLOMON: Sorry to hear that.

THE WITNESS: I think he is, too. I think he
may be around, but I don't know if he's functioning too
well. That's the best I can say. I don't know the
whole details about him.

BY MR. JONES:
Q. Do you know what city he last lived in, do you
know?
A, I think he lived over in the Richmond area, if
I am not mistaken. He had a brother named Johnson. I
can't think of his name, but he's all messed up, too.
But anyway, I think he was in that area.

Q. So, with respect to any work that you saw

performed by a Beasley employee, can you think of any

ether things that you saw them doing that we haven't

already discussed?

A. No, sir.

Q. What -- what other contractors did you see on
this site, if any?

A. That's it. Just Beasley.

Q. Was there a general contractor for this

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2 project?

2 A. There was. I'm sure there was, but I don't

3 remember. I can't recall talking to one or seeing one.

4 Maybe he just came out once in a while on a job. TI

5 don't remember seeing him.

& Q. Okay. So, getting back to Browning fabricating
i gaskets in the mechanical room, can you just describe

& that briefly, what you saw him doing?

2 A. Yeah. Just hammering out gaskets, get a flange
10 and _ hammer them out and put them in.

ab Q. Could you give me an estimate in terms of total
12 amount of time that you saw Mr. Browning perform this

a work?

4 A. No. I'd just be speculating. I can't remember
a8 exactly or even -- I can't give you a ballpark on that.

16 Q. Do you know any of the companies that supplied

7 materials to this job site aside from your own?

18 A. No, sir.

19 MR. SOLOMON: I'm not even sure that he

20 testified that his own did, but that's okay.

at BY MR. JONES:

22 Q. And how much time did you spend insulating the

23 tank?

24 A. I believe it took Joe and I two or three

25 days -- two or three days to insulate the tank.

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2 Q. And that's where you were using the -- well,

2 let me ask: What type of insulation were you applying
3 to the tank?

4 A. Calsil blocks with all-purpose muds and 127

5 blue mud, finish mud, canvas, and Aerobol. I used -- I
§ can't think of it now. I can't think of what I used to
7 air the blocks with. Calcium silicate. Then we had to
8 rasp that off, use that between the joints. That will
9 help hold on the blocks.

10 Q. And was there another boiler room aside from
an where the water tanks was, or was that what was

12 referred to?

13 A. Well, that was sprayed. It was down below.

14 Q. And what work did you perform in the boiler

1s room?

16 A. I thought I told you. Anyway, insulated pipe.
17 Q. Was that fiberglass, or was that --

18 A. I believe -- I'm pretty sure it was fiberglass.
a9 Not positive.

20 Q. Did you see any work being performed on the

21 boiler while you were working in the boiler room?

22 A. No, sir.

23 Q. Underneath, in the crawl space of the building,
24 did you encounter other trades while you were working
25 down there or --

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1 A. Not that I can remember at this time.

2 Q. And you were again insulating with fiberglass
3 insulation?

4 A. Yes, sir.

5 Q. Okay.

8 A. Oh. We were also using all-purpose mud.

” Q. To cut?

8 A 301, for the fittings, yes.

3 Q. And during the course of working at this job

io site, and again, this is St. Patrick's High School,
a could you give me an estimate of how much of that

i2 all-purpose mud you used?

13 A. I'd say a couple of bags. Doesn't tell you
14 much, but...

i5 Q. At this time, were you the one who would be
16 responsible for mixing bags of the mud you used or
v7 would someone else?

18 A. It was me.

19 Q. And would you do that --

20 A. Or Joe.

21 Q. Or Mickey when he came?

22 A. TI don't think Mickey mixed any mud.

23 Q. And you did this, again, by -- did you just use

24 a trough or a five-galion bucket?
25 A. A bucket. Mostly just buckets.
oo Se

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1 MR. JONES: Any follow-up on this job site?

2 EXAMINATION BY MS. WILLIAMS:

3 Q. Briefly, sir, on the tank you used Pabco block
4 insulation to insulate the tank?

5 A. No. Calsil. I believe it was Kaylo.

6 Q. You believe it was Kaylo?

7 A. Uh-huh. It wasn't Pabco. I remember that.

8 Q. Thank you for that clarification.

9 MS. WILLIAMS: That's all my questions.

10 EXAMINATION BY MR. HENRY:

il Q. At St. Patrick's High School, did you work on
12 or with or see others work on or with instruments or

13 controls at the site?

14 A. I don't remember any controls on the job, sir.
a5 EXAMINATION BY MR. JONES:

16 Q. Sir, the other job site that -- that we haven't
az discussed that mentions Harold Beasley is in 1979,

a8 while you were employed by Consolidated at the

aa Fairfield Hospital. Do you recall that work?

20 A. Yes, sir.

21 Q. And when you entered that job site, at what
22. stage of construction was the building at?

23 A. That was a remodel job.

24 Q. And what -- what buildings or rooms were you

23 remodeling?

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Ie

A. Don't remember the buildings. I just remember |

2 the job.

2 Q. Okay. What were vou working on, on the job?

4 A. Piping, no duct. Just piping.

5 Q. From where to where? |
& A. From -- I don't know. From wherever it started
Z to wherever they ended up. They come up through the

oo

floor. Or out to a lavatory or something.

9 Q. Let me ask you this: Do you remember tying

10 into existing piping?

a A. Yes, sir, I do.

12 Q. Can you give me an estimate as to the length of |
13 piping that you insulated?
14 A. The length of all the piping?

15 Q. Right. Taken together.

16 A. No, sir. I can't remember back that far. I

7 know it took me a few days in there to do it, though.

18 Q. How long in total were you at this job site?

12 A. Maybe a week off and on. Maybe a week,

20 roughly.

aL Q. And during this week -- let me ask you this:

22 Dees the Fairfield Hospital campus have multiple

23 buildings or just one large building?

24 A. No. It's multiple buildings.

23 Q. And do you have any idea of the designation of

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the building that you worked in?
A. No, sir.

Q. Was it multiple stories, the building that you :

worked in?
A. This particular building was just one -- was a

single story.
And did you see other trades performing work?

Just the plumbers.
And what were the plumbers doing?

Putting in pipe.

And what type of pipe were they putting in?

Copper -
And were they soldering this pipe together?

Yes, sir.
Did you see them use any gaskets on this pipe? |}

I can't remember at this time.

ePPPPPPPEPP PPR

Okay. OQther than installing the copper pipe
do you recall seeing the plumbers perform any other
type of work?

A. They tied into the existing pipe. That had
asbestos on it. They did knock down some -- some

Monokete on the floors and around where I'd crawl up

into the different areas. It was laying around up

there. It was a very tight job. Very, very tight.

Q. All right. And how -- how did you know that

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i the insulation that was installed was Monokote?
2 MR. SOLOMON: Well, he talked about two things
3 here. He talked about insulated piping and he talked
4 about some overhead Monokote. Sounds like you've mixed
5 up the two in your question, or maybe I don't
6 understand it.
7 BY MR. JONES:
8 Q. You mentioned Monokote. How did you identify
3 the substance as Monokote?
10 A. Once you see it, you'll never forget it.
1 Q. And Monokote looks different to you than other
12 types of fireproofing?
13 A. Yes. More or less except for Pabco. But
14 that's just a difference, difference in color a little
15 bit. You could look up at the ceiling and you could
16 see it, and it was on top of the celling where I was
17 working at, it was laying in there. I had to crawl
18 through it. It was on the floor, on the cement floor.
19 No, it wasn't cement. It was -- I think it was tile.
20 Some of it was on there.
ai Q. And do you have any knowledge as to the name of
22 the contracting outfit or individuals who installed the
23 Monokote prior to --
24 A. No, sir.
25 Q. -- prior to when it was disturbed in your

ore = cme mem Se er

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1 presence?

2 A. Sorry. No, sir.

3 Q. Do you have any idea how old this building was
4 prior to when you started working in it?

5 A. I'm speculating. It's -- but it stands to

6 reason that it was probably put in, in the early '60s.

7 Q. Let me ask you this: So there's tie-in work?

8 A. Yes, sir.

9 Q. Do you believe that -- do you believe the

10 Monokote that you saw fall on the floor or that you saw
1 disturbed was from the existing part of the building or }
12 from the new part of the building that you were working
3 in?

14 A, Was the existing. This is a remodel job, and
a5 it was the existing Monokote that was on the ground and
16 it was on the ceiling -- on the ceiling. You'd get up
17 there and you'd lift up the tiles to get at some pipe.

18 The stuff itched a little bit, too, and it would come

19 down in your face. Sometimes.

20 Q. And who employed the plumbers?

22 A. Jim Beasley.

22 Q. And --

23 A. His d_was gone then.

24 Q. How do you know they were employed by Beasley, |
23 the plumbers?

Aiken & Welch Court Reporters Robert Ross 12/15/2008

d39d464d-4a66-46a5-a5ed-c05102a74e47Page 1656

a A. Well, they had trucks. I_knew the guys. I
2 can't think of the -- think of one of his names, but
2 I_-- I'm sorry. But something funny happened, but I
& can't.
5 Q. We'll talk about it off.
6 A. It's not dirty or anything.
7 MR. SOLOMON: Oh, too bad.
8 THE WITNESS: Well, it isn't.
9 BY MR. JONES:
10 Q. Let me ask you this: How many Beasley
al employees did you see at the Fairfield Hospital?
12 A. EZ believe there was two.
a3 Q. Two.
at A. Jim wasn't on that job.
18 Q. And were they -- were the Beasley employees
ig there every time you were on the job site, or would you
az sometimes see them and sometimes not?
18 A. To the best of my recollection, they were there
42 the whole time I was there.
20 Q. And, again, this was about a week or so?
2h A. Yeah. Roughly, I remember I had to go out and
22 buy a 10-foot ladder for something, and 8-foot cords,
23 extension cords.
24 Bob came on the job and said, "What are you

Aiken

& Welch Court Reporters

“EINE eo

Robert Ross 12/15/2008

d39d464d-4066-46a5-aSed-c05102a74e47Page 1657

2 I says, "I need this to work with, Bob." He

2 just shook his head.

3 Q. Aside from the plumbers, do you recall any

4 other trades?

5 A. No, sir.

6 Q. And was there a general contractor for this

7 work?

8 A. I don't know. dim might have been the general
9 contractor. Sometimes they do that on those remodels.
10 But I can't remember for -- I don't remember another

il general contractor, no.

12 Q. Was this a punch job? I mean a week seems like
13 a short time.

14 A. Well, it's a remodel job in a very tight area
15 which takes quite a bit for a little bit of pipe. It's
16 not a punch job, no, no.

17 Q. Could you give me an estimate as to the length
18 of the pipe?

a9 A. No, sir; no.

20 Q. And where -- it was a small area. Where in the
21 building? It seems like it was up high toward the top?
22 A. Yeah. It was -- most of it was in the

23 ceilings.

24 Q.

25 A. What the hell was his name.

ee ET

Aiken & Welch Court Reporters Robert Ross 12/15/2008

d39d464d-4a66-46a5-a5ed-c05102a74e47Page 1658 |

1 Q. Sounds like you're trying to work on the name |
2 of one of the Beasley employees.
3 A. Yeah, I am.

4 Q. If it comes to you, please let me know.

5 A. I will.

6 Q. It wasn't Browning; right?

7 A. No. Browning wasn't on this job.

8 Q. While you're thinking about that, and, again, |
9 at any time during the rest of this deposition, if it
10 comes to you, I'd like to know.

in A. Okay.

42 Q. B