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

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BUTY gcURUANO LLP
ee eer

‘Sure 1280
OAKLAND, CA 94607
"540.287.3600,

MADELINE L. BUTY [SBN 157186]

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: mib@butycurliano.com
jsullivan@butycurliano.com

Attorneys for Defendant
CRITCHFIELD MECHANICAL, INC.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

FEB 22 2013

Clerk of the Court
BY: JUANITA MURPHY
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.

ee ee ee eee eee

No. CGC-10-275731

EXHIBITS “E” THRU “H” TO
DECLARATION OF GEORGE S.
SULLIVAN IN SUPPORT OF
DEFENDANT CRITCHFIELD
MECHANICAL, INC.’S MOTION FOR
SUMMARY JUDGMENT OR,
ALTERNATIVELY, SUMMARY
ADJUDICATION

Date: May 9, 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
CRITCHFIELD MECHANICAL, INC.’S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY,
SUMMARY ADJUDICATIONEXHIBIT “E”1 of 96 sheets

Page 82 to 82 of 349

~

oo 0 ODN ODO MO BR WN

SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
~-000--
ROBERT ROSS and JEAN ROSS,
Plaintiffs,
vs. NO. 275731

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

Defendants.
/

DISCOVERY DEPOSITION OF ROBERT ROSS

{Volume II)

(Pages 82 through 349, inclusive)

Taken before RICHARD LENZI
CSR NO. 2564
July 13, 2011

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Ross Robert 07-13-2011
phone, Mr. Curliano is seated and he is going to
question the witness.

EXAMINATION BY MR. CURLIANO:

Q. Good morning again, Mr. Ross.

A. Good morning.

Q. Let me ask you some questions about
Critchfield Mechanical, one of my clients. As you
sit here today, do you recall out of your memory
specific job sites that you worked on where you
saw individuals you believed were from
Critchfield?

A. T would have to refer to my notes. I
can't remember, recall at this time.

Q. That's fine. My next question will be --

well, I will let you take a look at your notes.

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As you sit here today based upon your own memory
without referring to your notes, is it correct you
can't tell me specific job sites you worked on

where you saw Critchfield, is that correct?

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Ross Robert 07-13-2011
A. Not right at this moment.

Q. Okay. Why don't we let you take a look at
your notes to see if that refreshes your
recollection.
A. Allright.
MR. SOLOMON: | will take it off the time
record.
(Off record from 11:46 to 11:48)
MR. CURLIANO: Why don't we go back on the
record.
BY MR. CURLIANO:

Q. While ‘we weie off the record, Mr: Ross, 1”

’ had you take a look -- just'so the record shows

this and that's fine -- you looked through your

yellow notepad and there is a lot of different

- pages with different information on it. It

doesn't appear you were ablé.to come across
anything that would refresh your recollection. So
let me pull something out of copies of your
notepad that I have and see if that refreshes your

recollection. Okay?

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A. Okay.

Q. Let me have you take a look at a page. We -
don't have these individually numbered. Napa
Junior College, IBM San Jose. And underneath it
it says Critchfield Mechanical, question mark.

Let me show you this page. I just put that on the
record for purposes of reference.

A. Thave got it right here.‘ Thank you.”

/ Q. .Let me have you take’a look at this sheet

of paper I just identified for the record: My

| question is, do you recall any job sites, spécific

-job.sites you worked on where you saw Critchfield

Mechanical? Does this piece of paper you are
looking at refresh. your recollection?
A. Yes, it does.

Q. And after refreshing your recollection .

~ what is your answer to my. question?

A. Would you repeat the question, please?

Q. Sure. Now that you have refreshed your
recollection, can you identify job sites you
worked on where'you saw Critchfield Mechanical?

A. Yes.

Page 133Ross Robert 07-13-2011
23 Q. And. what job sites are those? ~

24 _A._IBM. Napa Junior College. And the

25 St. Francis in San Francisco. |

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1 Q. And when you put together the note that we
2 are looking at right now, is there any other

3 source of information that you went to, whether it
4 was speaking to an individual or taking a look at

5 some other notes that refreshed your recollection

6 and enabled you to come up with IBM, Napa Junior
7 College and St. Francis?

8 A. [can't remember at this time.

9 Q. Okay. Just so the record is clear, you

0 know you put them dows, this is your handwriting,
1 correct?

2 A. Yes, sir.

3 Q. But you can't tell me as you sit here

4 today how you got that information, through what
5 source, that enabled you to write it down on a

6 sheet of paper, is that correct?

7 A. I would say possibly from my Exhibit A.

Page 134Ross Robert 07-13-2011
18 Q. I don't want you to guess or speculate.
3 19 A. Allright. Then I won't speculate.
20 Q. All you know is you wrote it down,
21 correct?
22 A. Yes,
23 Q. Let's start with IBM. Let me ask youa
24 few general questions. As you sit here today, do

25 you recall at anytime at any of your job sites

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1 speaking to someone that you believe was employed
2. by Critchfield?
3 A. No. | wasn't the foreman on that job.

4 MR. SOLOMON: He is talking about any site

5 now.
6 THE WITNESS: Oh, any site.
7 MR. SOLOMON: He is not limiting it to the

8 first or at any of the sites.
9 BY MR. CURLIANO:
10 Q. Tam going to ask you some general

11 questions. I hope it will knock out some

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categories so I don't have to ask small little

questions as to every job site. So let me ask the
question again. As you sit here today do you
recall ever speaking with anyone on any job site
that you believe was employed by Critchfield?

A. Yes.

Q. Do you recall the names of any individuals
who you believe worked for Critchfield? And this
is at any job site.

A. No.

Q. As you sit here today do you have a
specific recollection of anything that you
specifically discussed with someone that you

believe was employed by Critchfield as opposed to

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just having a conversation of which many many
years later you can't recall the specifics of?

A. No.

Q. That was a poorly phrased question, so let
me break it down. As you sit here today do you
recall the specifics of any conversation you had

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Ross Robert 07-13-2011
with anyone you believe was employed by
Critchfield?

A. Iremember asking where the work was.
That's about all I can remember.

Q. Okay. So as you sit here today you do
recall having a conversation or conversations at
various points in time with someone you believe
was employed by Critchfield, but the conversation
gist of it was where was the work, is that
accurate?

A. The best I can remember, yes.

Q. Are there any identifying logos or marks
or signage that was used by Critchfield that
stands out in your mind? In other words, do you
recall when I saw that I knew it was someone who
worked for Critchfield or Critchfield was on the
job?

A. Hardhats.

Q. And what is it you recall about the

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hardhats?

A. The name.

Q. Can you tell me anything that identifies
how this name was printed, color, block lettering,
style, logo, anything of that nature?

A. No.

Q. Do you recall seeing any other type of
signage or logo or identifying mark on a job site
that in your mind told you that Critchfield was
working there other than the name Critchfield on a
hardhat?

A. Trucks.

Q. And can you tell me what you would see on
a truck that led you to believe that truck was a
Critchfield truck?

A. Name.

Q. Do you recall how that name was spelled
out or any particular color or identifying mark
that was used with it other than the name
Critchfield?

A. No.

Q. Do you recall if whenever you saw the name
Critchfield on a hardhat or a truck it said
anything other than the word Critchfield? In

Page 138Ross Robert 07-13-2011

25 other words, Critchfield Mechanical, Critchfield

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1 Contractors, anything like that?

2 A. No.

3 Q. As you sit here today can you tell me what
4 types of trucks you saw that had the name

5 Critchfield on the side?

6 A. Pickups.
7 Q. Anything else other than pickups?
8 A. No.

9 Q. Lam trying to knock out a series of

10 questions with another general question and then
11 we are going to go into the job sites

12. specifically. For either the IBM, the Napa Junior
13 College or the St. Francis job site, can you tell
14 me that on that specific job site as I sit here

15 today [ can recall that there was a pickup truck
16 with the name Critchfield on it or is it just a

17 general recollection that at some point you saw a

18 pickup truck that had Critchfield on it but you

Page 139Ross Robert 07-13-2011
19 can't be specific as to a job site?

20 A. I saw them on the job site.

21 Q. Do you recall if you saw them on all three
22 job sites? And ] am asking about the trucks with
23 the name Critchfield on it.

24 A. To the best of my recollection, yes.

25 Q. Can you tell me how large any of the

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1 Critchfield crews were that you saw at any job
2 site?

3 A. It varied.

4 Q. Depended upon the work, right?

5 A. Yes.

6 Q. Can you give me a range of the size of
7 crews in general? And I am covering all of the
8 job sites you would see that were employed by
9 Critchfield.

10 MR. SOLOMON: So you want the largest
11 Critchfield crew he ever saw and the smallest?
12 BY MR. CURLIANO:

13 Q. A range. And if you can't that's fine

Page 140Ross Robert 07-13-2011
14 too.
15 A. I would be speculating.
16 Q. And I know all the attorneys have said
17 this and I will reemphasize. Obviously we don't
18 want you to guess or speculate. 1 don't know, I
19 don't recall, | would have to guess, as long as
20 they are honest answers are appropriate. Okay?
2) A. Okay.
22-- Q. Let's start with the [BM job site. Where
23° was this job site located?
24 A. San Jose.

©25° °Q. When did you work onthe IBM job site in

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ei

San Jose? :

2. A. It was -- it was in the late 60's and

bu

early 70's.

4 Q.: Who were you employed by?’

5. _A. Consolidated.

6 Q. And can you give me an estimate of the

7 ‘combined amount of time you spent’ working on this

Page 141. Ross Robert 07-13-2011
'$ job site?

9 MR. SOLOMON: Total man days at the site?
10 MR. CURLIANO: Yes.
a THE WITNESS: Iwould say roughly a week.’
“Week or two. Maybe not that much. ,Week or two.
13° That is the closest I can get it to, _

14 BY MR. CURLIANO:

15° Q. Best estimate is a week to. two weeks,
“16 Correct?)

17 A. Yes, sir.

18 Q. And can you describe for me the condition
19 of the work at the job site when you arrived? In

20 other words, what had been done.

21 A. Some piping had been put in, Some duct.
£22”. Q.. Can-you describe for me, just give me a
23” quick snapshot of what the structure of the

24 building looked like from When you arrived on the

25. exterior from the drive onto the job site? What

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<1. did you sée?
2 A. I can't remember.

Page 142Ross Robert 07-13-2011

“Q.Can you describe for me how many floors

“were on the building?

A. No.
Q.°Can you describe anything else about the
building in terms of its size or its location or ~
its position on the lot or anything else that
would identify it.af least at the point in time
you weit to the job site? _
AL No.
Q. Did you only work at the IBM job site on
this one occasion that we are talking about now?
MR. SOLOMON: Are you talking about the
specific building or IBM?
BY MR. CURLIANO:
Q. We are talking about late 60's, early
70's, which is your best estimate. I will just
ask you the question. How many times did you come
and work on this job site? Was it just the one we
are talking about right now?
A. Just to the best of my recollection, yes.
Q. And when you arrived at the job site what
other types of trades were working there?

A. Ican't remember all of them. I can

Page 143Ross Robert 07-13-2011

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1 remember the carpenters and the sheet metal
2 people. The plumbing people. Electricians 1
3 believe were there.

4 Q. Any other trades?

5 A. Lam sure there was.

an

Q. Okay.

_

A. It wasn't my job. It was Spider's job. I

8 worked for him. So I didn't pay too much

9 attention except, you know.

10 Q. So who was the foreman on the job?

11 A. Bob Cantley.

12 Q. How large was Consolidated's crew on this
13 job? An estimate is fine.

14 A. When I was there it was just Bob and Earl
15 and myself. Earl Beck. Three. When I was there.
16 Q. So the entire time you were there that was
17 the crew, you three guys?

18 A. Yes, sir.

19 Q. Do you know if any of the individuals from
20 Consolidated ever went back to this job site to do

Page 144Ross Robert 07-13-2011
21 work after you were finished?
22 MR, SOLOMON: Lacks foundation, personal
23 knowledge. Seeks speculation. Go ahead, sir.
24 THE WITNESS: I have no idea.

25 BY MR. CURLIANO:

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; 1” Q. Can you tell me what type of work you
2 personally were doing on this job site for
3. Consolidated?
4 A. Applying pipe insulation.
5 Q. Lunderstand that having worked in the
6 insulation trade for years you probably have a
7 pretty good recollection of what you generally
8 would do on a job site on a building in terms of
9 insulation work. So let me ask you a specific
10 question as to this job. As you sit here today in
11 your mind's eye, in other words, do you have a
12 mental picture of the actual insulation work you
13 did on this job as opposed to generally what you

14 would have done as someone who had been in the

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trades for a number of years?

MR. SOLOMON: Move to strike everything
before "as you sit here today” as testimony of
counsel. Go ahead, if you understand the
question, Bob.

THE WITNESS: I just remember applying
pipe covering. That's all I can -- fiberglass
pipe covering. I worked on a -- the heating
system. Wet heat.

BY MR. CURLIANO:

Q. Do you have a mental picture of what you

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did? In other words, you can in your own mind
right now visualize the work you were doing on
that particular job site?

MR. SOLOMON: Objection. Vague.

THE WITNESS: Working off ladder.
BY MR. CURLIANO:

Q. As you sit here today you have a

recollection of working off a ladder specifically
on this job site? Let me rephrase the question.

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I am just trying to make a distinction between
what you typically would have done -- and I
understand that -- versus a specific recollection
of what you did on this job site. In other words,
you can close your eyes, so to speak, and
visualize I was on this ladder in this area of the
building and these guys were working over here and
I was putting insulation up and it was raining
outside or it was sunny outside, my car was
parked. Do you understand what I am asking for?

A. Tunderstand. All I can tell you is 1
remember working off a ladder.

Q. Do you recall anything else specific about
this job site, in other words, in your mind's eye
you can visualize doing it, other than working off

a ladder?

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MR. SOLOMON: Objection. Vague,

2 overbroad. Go ahead.

3

THE WITNESS: I remember working in a pipe

Page 147Ross Robert 07-13-2011
chase.

BY MR. CURLIANO:
Q. Do you recall where the pipe chase was
located in the building?

A. No.

Q. Do you recall which floors you worked on
in the building?

A. No.

Q. Do you recall if the entire time you were
at this job site it was sunny, in other words,
there was no rain?

A. No.

Q. Other than the-fact that you worked on the

ladder and you. worked ona pipe chase, do you —

“recall anything else specific about your work on. >

this building?

MR. SOLOMON: He already testified he was
applying fiberglass pipe insulation.

MR. CURLIANO: Applying fiberglass pipe
insulation, “My: apologies.

MR. SOLOMON: And wet heat system.

THE WITNESS: We-used.mud on the fittings.

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All purpose mud-on the fittings,
BY MR. CURLIANO:

Q. Do you know if that mud -would:-have -

-contained asbestos?!

A. Yes, it did: i

Q. Other.than the mud, are there any other

~ products that you recall using on the IBM job site...

that, you beliéve would have contained asbestos?.
A..No.
Q.. Did you see any of the work, any of the
‘specific work that was being done by anyone you
believe was employed by Critchfield on the IBM job
site?
A. Yes.”
Q. And what did you see those individuals ,
doing?)
MR. SOLOMON: Objection. The question.
seeks a narrative by the witness. Go ahead.
THE WITNESS: Running pipe.
BY MR. CURLIANO:

Q. What kind of pipe did you see being run?

Page 149Ross Robert 07-13-2011
("22° A, “Copper...

23 -Q. Did you personally with your own eyes see.
24. anything else. being done by individuals that were

25 “working for Critchfield?

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1 ~ ‘A. Tsaw them put in unistruts and hangers.
2...Q, Can you identify for me any of the

3 individuals you. saw working for Critchfield, in.

4 other words, their nationality, their height,

5 their weight, their first name, hair color, wore a »

6 beard, no beard, anything like that?

7 MR. SOLOMON: Objection. Harassing.

8 Vague. Speculative.

9 - “THE WITNESS: No}

10 BY MR. CURLIANO:

11 Q. Other than-running copper pipe and putting /

12° hangers into the:ceiling and hanging the pipe, did

13” you see anything else done by the individuals from

14” Critchfield?

1S A. Duct work. Installing dict work.»
16 Hangers. That's all { can remember at the preserit

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time at this moment. “!

Q. And when you saw this work that you just

‘described being done by the individuals from

Critchfield what were you doing?
MR. SOLOMON: Overbroad, vague.
“THE WITNESS: Applying fiberglass /
insulation.
BY MR. CURLIANO:

Q. Were you also applying at various points

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in time this mud that you spoke about?

A. Yes,

Q. And how did this mud initially come, was
it in a wet or dry form?

A. Dry.

Q. And who would mix the mud?

A. We all did. I did mostly though.

Q. And do you recall who manufactured or
supplied this mud?

MR. SOLOMON: Objection. The foundation

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of personal knowledge hasn't been established. So

it calls for speculation. Go ahead.
THE WITNESS: Not at this time.
BY MR. CURLIANO:
Q. Can you describe the carton that the dry
mud came in that you saw?
MR. SOLOMON: Objection. Misleading.
THE WITNESS: It didn't come in a carton.
BY MR. CURLIANO:
Q. How did it come, how was it packaged?
A. Sacks.
Q. Can you describe anything about the sacks?
A. Brown.
Q. Anything else about the sacks, identifying

logo, marker, name?

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A. No.

Q. And how would you mix these sacks?
A. Water. And buckets.

Q. How large was each individual sack?

A. [can't give you specific dimensions.

Page 152Ross Robert 07-13-2011

6 Q. How about a weight, if you know?

7 A. It could be fifty pounds or twenty-five

8 pounds. Iam not sure. I believe it was fifty

9 pound bags, yes,

10 Q. Did you bring these sacks to the job site

11 with you?

12 A. No.

13 Q. How did the sacks get on the job site, if

14 you know?

15 MR. SOLOMON: Objection. Lacks foundation
16 of personal knowledge and seeks speculation by the
17 witness. Go ahead.

18 THE WITNESS: Delivered by truck.

19 BY MR. CURLIANO:
20 Q. Do you know who delivered the sacks?
21 A. No.
22 Q. On this job site approximately how many
23 sacks did you mix?
24 A. I can't speculate.

25 Q. Can you give me an estimate of the number

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Page 153Ross Robert 07-13-2011

of sacks of this mud that would have been used by
the crew you were working with on this job site?

A. No.

Q. Did you add any other type of material to
the dry mud other than water?

A. No,

Q. And how is it that you know these muds
that we just talked about contained asbestos?

A. Just because it was. | guess it was
written on the sack, I don't remember exactly
how. But ! know it contained asbestos. We never
thought anything of it at the time.

Q. And how did you apply the mud?

A. With my hands. Do you want me to describe
how I put it in fittings, on the elbows, is that
what you would like me to describe?

Q. For my purposes the general description
you just gave me is fine. I have a good idea what
you did. I am just trying to make a record and
that's fine with me. Did you sand the mud at any
point in time?

A. No.

Q. When you were mixing the mud did it create

Page 154Ross Robert 07-13-2011

24 dust?

25 A. Yes. A lot.

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ei

Q.. Did you see with your own eyes any work

2° done by anyone from Critchfield that created dust?
3 A. Yes.

4 © Q. And what is it you saw? -

5: "A. When they were installing hangers they

6 scraped off the fireproofing.

7 Q. As you sit here today, in-your own mind ‘do
8” you have a specific picture on this job site of an

9 individual from Critchfield scraping off

10 “fireproofing?

i A, Yes,

12 Q. And ‘can you tell me how many times you saw
13. someone from Critchfield scraping off fireproofing
14 on this job?

15°. A. Many. ”

16 Q. Can you be more specific than that?

“17 AL No.

Page 155Ross Robert 07-13-2011
18 Q. Can you tell me if it was more or less

19 than ten times?

20 A. More.

21 Q. Can you tell me if it was more or less
22. than twenty-five times?

23 A. More.

24 Q. This is what you actually saw with your

25 own eyes, correct?

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1 A. Yes.

2 Q. How much time did you spend observing what
3. the people from Critchfield were doing on this job
4 site as opposed to doing your own work?

5 MR. SOLOMON: Objection. The question
6 implies both couldn't be done at the same time,

7 which is misleading, argumentative and harassing.
8 Go ahead, sir.

9 THE WITNESS: If you are working on a

10 ladder and there is people working over here, or
11 here, you see them doing it, you see them

12. installing.

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BY MR. CURLIANO:

Q. When you are on a ladder doing your work
you are primarily focused on the work you need to
accomplish, correct’?

A. Yes. But it doesn't take that much to
glance over and see somebody doing something,
because it's not that complicated.

Q. Did you see any fireproofing applied on
this job site?

A. No.

Q. Do you know if the fireproofing that you
saw being scraped. was new fireproofing, in other

words, it was applied as part of the construction

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of this building?

MR. SOLOMON: Well, counsel, it may have
been in a new construction project, but you never
established that.

MR. CURLIANO: And I just realized that

when I asked the question.

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Ross Robert 07-13-2011
BY MR. CURLIANO:

_.,Q. Was this néw construction, remodel or
something else? J

A. Both. «

Q. Can you describe for me what part of this
building was new construction as opposed to
remodel work?’

A. No.

Q. Can you provide me any of the specifics of
what work on this job site was work related to new
construction versus work related to remodel or
tie-in work?

A. The part I worked on mostly was the
remodel part.

Q. Okay. Let me go back to my earlier
question. I asked about the building and the job
site to see if you could identify anything about
it so we could get a picture here. Can you give

me an idea of what part of this building was

Aiken Welch Reporters Robert Ross 07/13/2011
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remodel work versus new construction in terms of

Page 158Ross Robert 07-13-2011

how the work site was set up?

MR. SOLOMON: Objection. Vague.

THE WITNESS: It was an add on. The new
construction was an add on. That is all I can
tell you.
BY MR. CURLIANO:

Q. Can you tell me the dimensions of the add

on?

A. No, sir.

Q. Can you tell me where the add on was tied
into the existing building?

A. No, sir.

Q. Can you describe for me what type of
remodel work was taking place when you arrived at
the job site? In other words, what particularly
was being done?

MR. SOLOMON: What's the first thing he
saw being done work-wise as he walked into the
building the first day?

MR. CURLIANO: Works for me.

MR. SOLOMON: Okay.

THE WITNESS: Plumbers, fitters, sheet

metal men, electricians. Basically that's all I

Page 159Ross Robert 07-13-2011
25 can remember that were working where I was at or

Aiken Welch Reporters Robert Ross 07/13/2011
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1 where I walked in to go to work.

2 BY MR. CURLIANO:

3 Q. Okay. Can you tell me anything else about

4 the job site that you saw with respect to the

5 building that was there and the remodel work that

6 was being done?

7 MR. SOLOMON: Objection. Compound and

8 vague. Go ahead.

9 THE WITNESS: No.

10 BY MR. CURLIANO:
P11 -Q. Other than scraping off the fireproofing “”

12° did you see the individuals from Critchfield do

13 anything else that you saw create dust?

14 AL No.
“I5"”Q. How often were you working around

16 individuals from Critchfield while you were doing
17> your work?

18 MR. SOLOMON: Objection. Vague.
“49 THE WITNESS:. Numerous times.

Page 160Ross Robert 07-13-2011
20 BY MR, CURLIANO:
“QL Q. Can you be more specific than that?
22 A. No.
23 Q. Asyou sit here today do you know. whether
24 or not that fireproofing-on this job site -

25° contained asbestos? ./

Aiken Welch Reporters Robert Ross 07/13/2011
212

Pow. Yes.
2° Q. And what do you know? >
3. -A.- Lean tell by the color, 1 can tell by the
4 density. »
5 Q. Did anyone tell you’ that the fireproofing
6 ‘on this job site contained asbestos?
7 ALNo. #
8 Q. When you were doing your work did you
9 disturb any of the fireproofing?
10 A. I could have. But I don't remember.
li MR. SOLOMON: Move to strike speculative
12. portions of my client's response.

13. BY MR. CURLIANO:

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Ross Robert 07-13-2011
Q. Given the work that you performed on this

job and the work that you have done as an
insulator for years, do you believe that you could
have disturbed fireproofing on this job as part of
your work?

MR. SOLOMON: Objection. The witness is
being invited to speculate to what he could have
done. He has been admonished not to speculate. I
will consider the question to be harassing and
oppressive and J will instruct him not to answer
the question as presently framed.

BY MR. CURLIANO:

Aiken Welch Reporters Robert Ross 07/13/2011

213

Q. Why don't you tell me what type of work
you had done on this job site. You said generally
you did insulation work, you put fiberglass
insulation up. Were you doing it up in racks up
in the ceiling, were you doing it at some other
location?

MR. SOLOMON: Objection. ‘The question
contains about seven separate questions, so it's

Page 162Ross Robert 07-13-2011
9 compound.
10 BY MR. CURLIANO:
il Q. Were you working near the ceiling when you
12 did work on this job site?
13 A. I was working in the pipe racks.
14 Q. And where are the pipe racks located?
15 A. They were below the ceiling.
16 Q. How far below the ceiling?
17 A. I'd speculate if] told you. I mean!
18 can't give you --
19 MR. SOLOMON: You can give a range.
20 THE WITNESS: A few feet. A few feet.
21 BY MR. CURLIANO:
22 Q. And the ceiling we are talking about is
23 the ceiling that you testified previously had the
24 fireproofing sprayed onto it, correct?

25 A. Yes.

Aiken Welch Reporters Robert Ross 07/13/2011

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1 Q. Other than Critchfield did you see any

2 other contractors that you can identify by name,

Page 163Ross Robert 07-13-2011
not by trade, on this job site?

A. Let me check my notes here. No.

Q. Because you glanced down at your notes I
think it's the same page I am looking at that we
refreshed your recollection with. Where on this
page do your notes end with respect to information
about the IBM job site or Critchfield?

MR. SOLOMON: Well, those are two
different questions.
BY MR. CURLIANO:

Q. Then let's make thei two separate
questions. Where on your notes does the
information end about Critchfield?

A. On the top of the page there. Right above
CSK Auto Vallejo.

Q. Okay. So there is a line that says CSK.
Auto Vallejo and right above it it says “existing
MonoKote and piping". Is that line "existing
MonoKote and piping" the last line of information
that you have on this sheet that relates to
Critchfield?

A. Yes.

Q. Ifyou can go ahead and just read that

Page 164Ross Robert 07-13-2011

Aiken Welch Reporters Robert Ross 07/13/2011

215

1 note to me. I can decipher about ninety percent

2 of what's there.

3 MR. SOLOMON: Everything above the line
4 that says "CSK Auto"?

5 MR. CURLIANO: Yes.

6 THE WITNESS: I don't know where to start.
7 MR. SOLOMON: Start with the top line.

8 MR. CURLIANO: It looks like Consolidated.
9 THE WITNESS: "Napa Junior College, IBM
10 San Jose, Critchfield Mechanical. Or pipe sheet

1 metal. Westin St. Francis 1973 to 1974."

12 Q. Looks like dash 76. Is that right? I

3 don't want you to leave that out.

4 A. That's what is up there. "1976 - 1977,

5. flexible ducts connectors asbestos. Duro Dyne.

6 Napa Junior College 1979 two weeks. Existing
17 MonoKote and piping."

18 Q. Why is there a question mark after

19 Critchfield Mechanical or M-E-C-H, period?

20 A. You got me.

Page 165Ross Robert 07-13-2011
21 Q. That question mark is in your handwriting,

22 correct?
23 A. Right. Absolutely.
24 Q. Okay. Do you know why you jotted down

25 "or" something -- is that "piping" and then it has

Aiken Welch Reporters Robert Ross 07/13/2011
216

1 "sheet metal" under it? I don't want to
2 mis-decipher the word. "Or" and it says P
3 something. What is that word?
4 MR. SOLOMON: I think you read it. Tt was
5 "piping".
6 BY MR. CURLIANO:
7 Q. Okay. Do you know why you wrote “or
8 piping sheet metal?"
9 A. You don't want me to speculate, do you?
10 Q. If you don't know why you wrote it just
11 tell me you don't know. That's fine.
12 A. I don't know why.
“13 Q. Is there anything else you recall about,
14 the work you saw being done by individuals from.
15 Critehfield on the IBM job site other than what

Page 166Ross Robert 07-13-2011

16 you have already told us about?

17 A. No, sir.

18 Q. Let's move to:the next job site which I
19. think is Napa Junior College. ”
20. A. There is one above that. Do you want to

“21 goto Napa, fitie.

22 Q. Would you rather go to-another job site’

23° first?

24> > A-"No; Napa is fine. /

25 Q. Do you recall when you worked at Napa)

Aiken Welch Reporters Robert Ross 07/13/2011
217

1 Junior College? >

20> AT have got down here and I remember that
3° was about 1979.
4 — Q. Who were you employed by?

5 ” A. Consolidated.
‘6 Q. How1ong did you work on that job?

7 A, Ht says'a couple of weeks,

8 Q. Who else worked with you on the job site

9 that was employed by Consolidated?

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Ross Robert 07-13-2011
A. To the best of my recollection I was by

myself. Bob may have came up. He was the
superintendent then. But nobody worked with me
that I can remember.
Q. Can you describe for me the condition of

the building or the work site when you arrived?

MR. SOLOMON: Objection. Vague. Go
ahead.

THE WITNESS: No.

BY MR. CURLIANO:

"Q. What work was being done, was it new

construction, Was it remodel work, was it tie-in?
_ A. Remodel work.and,some new work.”
Q. Can you tell me.anything specific about
the new work that was being done in terms of ~~

whether it was a-building or some other structure,”

Aiken Welch Reporters Robert Ross 07/13/2011

218

1 where it was located? »

y 2

3.

4

‘A. It was a building.
Q. Do you know what the building was called?
A.Noo ¢

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Ross Robert 07-13-2011
__ Q. Do you know what the building was going to :
be used for?
A. No?

Q. Do you know where the building was located
on the campus?

A. No.

Q. Other than the fact that it was anéw »
building, can you tell me anything else that would
identify it?’

MR. SOLOMON: Objection. Calls for him to
speculate as to what you think he identified. Go
ahead, sir.

THE WITNESS: Had multiple stories. :

BY MR. CURLIANO:

Q. Can you tell me-how many? *

A. No. 7?

Q. Can you tell me what type of material was
used on the exterior of the building?

A. No. But I can remember -- can I bring up
something that you had a question you asked about

people being there?

Aiken Welch Reporters Robert Ross 07/13/2011

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Ross Robert 07-13-2011

219

Q. Sure.
A. Jim white and Warren Hassey.
Q. They worked for Consolidated?

A. Yes. In fact it was Jim's job. AndI

came onto the job, right.

Q. What is Warren's last name?

A. Hassey.

Q. Was Mr. White the foreman on the job?

A. Yes. And he left and then I was by
myself. They both left.

Q. Okay. So when you arrived part ofthe /

project was.new.construction of a building,

correct?”

A. Yes:

Q. Can you tell me anything else about this,”
building that would identify it other than what”
you have already told us?

MR. SOLOMON: Objection. Seeks
speculation from the witness. Go ahead.
THE WITNESS: ‘No.
BY MR. CURLTANO:
Q. I think you also testified that there was

Page 170Ross Robert 07-13-2011
23 some remodel work being done up there, is that
24 correct?

25 A. Yes, sir.

Aiken Welch Reporters Robert Ross 07/13/2011
220

1 Q. What type of remodel work was being done?
2 A. Piping.
3 Q. And where was it being done in
4 relationship to this building, this new building
5 that was being put up?
6 A. I can't remember exactly.
oT Q. Do you recall the names, not the trades,
8 of any of the contractors that were on this job ©
9 site?
10° A. Just Critchfield. No. Other than that,’
11 no. -
12 Q. Do you recall who the general was on the

13 job site?

_ 4 A. No.

15 Q. Do you recall who the general was on the

16 IBM job site?

Page 171Ross Robert 07-13-2011
7 A. No.

P18 Q. What were you doing on this job site:
‘19 work-wise?:

20. A. Piping.”

21° Q. Insulating piping? ’

22 A. Yes. I was doing the coils’

33 Q.. What type of material were you using to
24 insulate it?

25 A. Fiberglass.

Aiken Welch Reporters Robert Ross 07/13/2011

221

Q. Were you using the mud on this job?

2 A. No.

3 Q. Any other materials that you were working
4 with other than fiberglass insulation on this job?
5 A. No.

6 Q. What other trades were on the job while
7 you were there?

8 A. Plumbers, fitters,

9 Q. And can you tell me where the coils were
10 located, were they part of the new building or
11. part of the remodel work?

Page 17212

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Q

Ross Robert 07-13-2011
. Both.

. So you recall doing work both on this new

building construction as well as remodel work?

A

Q.

Q
A.
Q
A

. Yes, sir.

. Where physically were the coils located?
In the ceiling.

. Was there any fireproofing in the ceiling?
. Yes.

And what did you do with respect to

insulating the coils? Just briefly tell me what

you had to do with the insulation.

A. Just insulate the pipe coils and do the

fittings, do the valves, strainers.

Q. And how far off to the ceiling were these

Aiken Welch Reporters Robert Ross 07/13/2011

222

coils located? Best estimate.

A.

Q.

Best estimate? Four feet.

Were you up there working on the coils on

a ladder?

A. Yes.

Page 173nN

Ross Robert 07-13-2011
Q. Do you believe that as part of doing your

work insulating these coils that you would have
come into contact with any fireproofing on the
ceiling?’

A. Yes.

Q. Do you know the brand name, manufacturer :

"or suppliers of any of the materials that were

used on the job site, either the new construction
or the remodel work? ;
TA. No.
MR. SOLOMON: Objection. Overbroad.
BY MR. CURLIANO:

Q. And how was it that you were able to
identify individuals you believe worked for
Critchfield on this job site?

A. Hardhats, tool box.

Q. Do you recall anything about the
individuals that would help you identify them in
terms of nationality, size, nicknames, they had

beards, wore glasses?

Aiken Welch Reporters Robert Ross 07/13/2011
223

Page 174we,

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Ross Robert 07-13-2011
A. No.
Q. What did you specifically see the.
individuals from Critehfield doing on this job
site? ~
A, Installing hangers, unistrut, piping.
Q. What type of piping?
A. Tron pipe and plumbing.
Q. Is it true that any insulation work that
had to be done on the job site at least while you
were there would have been done by Consolidated?
A. The insulation work, yes.
Q. And that was your trade and that's why you
were at the job site, correct?
A. Yes, sir.
Q. Did any of the work you saw being done by
Consolidated create dust?
A, Notas I can remember.
Q. Just going back a little bit. Do you
specifically recall if Mr. Cantley came to this
job site? [ think you said he may have. I think
you referred to Bob, | assumed you were referring
to Mr. Cantley?

MR. SOLOMON: Spider, Bob, Mr. Cantley.

Page 175Ross Robert 07-13-2011

24 He will know.

25

THE WITNESS: Yes.

Aiken Welch Reporters Robert Ross 07/13/2011

224

BY MR. CURLIANO:

Q. It wasn't to refresh your recollection, it
was for purposes of the record, Mr. Ross?

A. Yes. He did come.

Q. Did you ever work as a foreman in the job
sites you worked on for Consolidated?

A. Yes.

‘Q. Anything else you recall about this job

site at Napa Junior College that we haven't
“already talked about with respect to trades or
materials that were there; the amount of time-you. .

worked there or co-workers?

MR. SOLOMON: Objection. Vague.
“THE. WITNESS: I can remember the plumbers
creating dust...”
BY MR. CURLIANO:
Q. De you recall who the plumbers were on «
this job site?

Page 176Ross Robert 07-13-2011
A. Critchfield..“
.Q. What type of plumbing work did you see
Critchfield.do-on this job site?
A. Domestic water.
Q., And what was Critchfield-doing when you
saw them create dust?

A. Installing hangers.

Aiken Welch Reporters Robert Ross 07/13/2011
225

Q. Similar to the testimony you gave about _
IBM, are these hatigers that would have been
installed by placing them into the ceiling? —

A. Yes, sir.

Q. And this is the ceiling that you saw
fireproofing on it?

A. Yes, sir. :

Q. Anything else you saw being done as part
of the plumbing work by Critchfield that created
dust?

A. No

Q. Anything else you recall about this job

Page 177h13

Ross Robert.07-13-2011
site that we haven't already talked about?

MR. SOLOMON: Objection. Vague. Fails to
apprise the witness of any information sought. Go
ahead.

THE WITNESS: Not at the present time.

BY MR. CURLIANO:

Q. Any documents you could look at other than
your notes in front of you that would refresh your
recollection about the [BM job site?

A. Possibly in my Exhibit A. 1 can't be for
sure unless I look.

Q. Other than your notes and Exhibit A which

I think we have got on the table here, anything

Aiken Welch Reporters Robert Ross 07/13/2011

226

else you can review to refresh your recollection
about the IBM job site?

A. Not that | am aware of.

Q. Same question with respect to the Napa
Junior College job site. Any documents you could
look at other than Exhibit A in front of you and
the notes you have that would refresh your

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Ross Robert 07-13-2011
recollection about this job site?
A. Some of this might be in my logs. I kept
jogs on some of the -- some of the years that I
was working in the industry. And those logs are
not here, They are in Arizona. But as thick as
they are, some of you guys have copies of them

because they took them.

MR. SOLOMON: Aiken & Welch made copies of

all the logs available back in the first case. I
haven't looked at the transcripts to figure out
which transcripts they are attached to.
MR. CURLIANO: Let me ask a question of

Mr. Ross.
BY MR. CURLIANO:

Q. All of the logs you had you tumed over to
counsel?

A. [believe most of them.

Q. Most is a little different than all.

Aiken Welch Reporters Robert Ross 07/13/2011

227

A. Okay. All right. I brought into Oakland,

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19
20
21
22
23
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25

Ross Robert 07-13-2011
I brought most of my -- I brought most of them

with me. | think I might have left a couple at
home.
Q. Twill tell you what, sir, why don't you

talk to your counsel during the lunch break. I
just want to make sure the sum total of what you
have has been tured over. If Aiken & Welch has
it it's our job to get a copy from them.

MR. SOLOMON: Without describing the
content of our attorney client discussions,
believe me this has been addressed. If he has got
some that he hasn't produced before this is the
first I have heard about it.

MR. CURLIANO: Okay. I will just
follow-up after lunch.

MR. SOLOMON: I think I have a copy of the
‘79 logbook. My recollection is most of his logs
are fairly recent.

MR. CURLIANO: That's okay. I am not
trying to get you to pull it out right now, trust
me.

MR. SOLOMON: I know this is a'79 job and
I actually have that here.

THE WITNESS: I had some from '73, '74, T

Page 180Ross Robert 07-13-2011

Aiken Welch Reporters Robert Ross 07/13/2011
228

1 know.
2 MR. SOLOMON: I see ‘75, '6,'9. Those
3. three years is what I have with me.
4 BY MR. CURLIANO:
5 Q. How are you doing, Mr. Ross?
6 A. Tam fine. I am just waiting for you to
7 ask me a question.

“8 Q. And I will ask away. The next job site we
9 have I think is the Westin St. Francis, is that
10 correct?
1 A. Yes, sir. :
12 Q. And you can look at-your notes. [just »
13° don't want to put words in your mouth. When did
14 you work at the Westin St. Francis?
15 A. Between.'73 and '76,

‘16 Q..Can you be.any more specific other than
17 providing a range of.'73 to '76?
18 A. No.”

{9 Q: Can youtell me the total amount of work

Page 181/ Rass Robert 07-13-2011
“20° days you were out on-this particular job site? -

21 A.. Lwas there.a couple of times.. No, I

22. can't.*

23 Q. Can you give me an estimate, in other ©
24. words, I was out there a total of ten work days or

25° twenty work days or some other range’?

Aiken Welch Reporters Robert Ross 07/13/2011
229

‘1. A. Saya couple of weeks-off and on.
/ 2 7 Q. So acouple of work days -- a couple of
3. weeks total you were out there working, correct?
“4. AL-Yes:"
5. Q. Do you recall how.many times you worked”
6 there and then left and came back?
7 A, I'd saya week apiece; Maybe three days .
8 to seven days. It. could be the other way. I.
9~ don't know.
10 Q. Who were you working for when you were at
lL the St. Francis?
12 A, Plant.
13 Q. Were there any other individuals out there
14 working with you from Plant at any of the times

Page 182Ross Robert 07-13-2011
15 you were out there?
16 A. Let's see. Cooper. I believe Cooper was
17 there for a couple of days or a day. Larry -- not
18 Larry, the brother. There was a Larry Cooper and
19 then his brother is -- it was Cooper. That's all
20 can remember.
21 Q. Do you recall if there was a foreman out
22 there from Plant?
23 A. It never came out that I can remember.
24 Not when I was there.

Q. What work was being done on the job site

Aiken Welch Reporters Robert Ross 07/13/2011
230

when you arrived?
A. They were doing duct work.
Q. Was it rew:construction, remodel work,
tie-in?!
A. Remodel work.
Q. Can you tell me what part of the building
was being worked on?

A No. f

Page 183Ross Robert 07-13-2011
Q. Can you be any more specific about the

area that you did your work at St. Francis at any
of the times you were there in terms of the
location or floor?

A. No different areas. /

Q. But you can't be any.more specific,
correct?

A: No. /

Q. Do you recall if there was a general
contractor on the job?

A. Yes.

Q. Do you recall who the general contractor
was?

A. No.

Q. Can-you describe for me the specific work
that you were doing on this job site? ‘When I say

job site I am talking about the various points in
Aiken Welch Reporters Robert Ross 07/13/2011

234

time that you may have been there.
A. Wrapping duct and piping. /
Q. What type of material were you using?

Page 184Ross Robert 07-13-2011
A. Fiberglass.
Q. Were you using any type of mud?
A. No.
Q. And where were the ducts and. piping’.
located that you were wrapping?
~ A Above the ceiling. »
Q. In pipe racks up near the ceiling?
A. Yes.
Q. ‘And was there any type of fireproofing on
the ceiling?’
AL Yes.
Q.. And how far were these pipe racks from the
ceiling approximately?
A.. Four feet. /
Q: And did your work up in these pipe racks
cause you to disturb any. of the fireproofing?
AL No,”
Q. Did you come into contact with any of the”
fireproofing as part of your working with pipes?
A.“ There was fireproofing on top of some of :

"the ducts;the ducts that were installed. So when

5; I wrapped the ducts there was fireproofing on /

Page 185Ross Robert 07-13-2011
Aiken Welch Reporters Robert Ross 07/13/2011

232

them.

Q. Did it look like fireproofing that was
intentionally applied or was it over-spray?

MR. SOLOMON: Objection. It suggests that
there isn't a third possibility, which is
argumentative. Go ahead.

BY MR. CURLIANO:

“"'Q. Do you'know that why the fireproofing was —
on the wallboard?

A. Yes, When I scraped the ceiling,-they put
the unistruts or the duct siriits -- not the duct,

_ but the piping, it camé on, it fell down on the }
duct -- the new duct they installed. . Those wete
very tight areas, if] remember correctly.

Q. Do you recall the names and not the trades. .
of any of the contractors working on this job
site?

-A. Critchfield, -

Q. Do you recall any other names?

A. No.

*Q. Do you recall how large the crew was

Page 186Ross Robert 07-13-2011
22. Critchfield had on this job site?
23° AY No.
24 Q. Can you describe any of the individuals

25 who you believe worked for Critchfield, in other

Aiken Welch Reporters Robert Ross 07/13/2011
233

1 words, nationality, size, nickname, facial hair,

2 glasses, anything like that?

3 A. No.
4.~ 'Q. Do you kiiow any of the brand name,

5. manufacturer.or suppliers of any of the materials
6 ‘on the job sites you worked on at St. Francis?

7 MR. SOLOMON: Objection. The question
8 isn't likely to lead to the discovery of any
9 admissible evidence that relates to an issue in

0 this lawsuit, so it's harassing. Go ahead, sir.
it THE WITNESS: They had Duro Dyne duct
12 connectors. ©
3 MR. SOLOMON: I thought you asked what he

14 was using personally.

5 MR. CURLIANO: No, | just asked him if he

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20

21

22

23

24

25

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10

Ross Robert 07-13-2011
knew the brand name, manufacturer or suppliers of

any -- I will re-ask it. I am pretty sure that's
what I asked.
MR. SOLOMON: What did he say?
(Record read: Do you know any of the
brand name, manufacturer or suppliers of any of
the materials on the job sites you worked on at
St. Francis?)
MR. SOLOMON: That definitely changes the

question. So you are asking him if he knows who

Aiken Welch Reporters Robert Ross 07/13/2011

234

made anything that was put in the site while he
was there?

MR. CURLIANO: I will ask the question.
BY MR. CURLIANO:

Q. Do you know the brand-name, manufacturer
of supplier of any of the materials on the job
sites at St. Francis?

A. Yes.

Q. What are'they? _

A. Duro Dyne.
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Ross Robert 07-13-2011
Q. [believe Duro Dyne is spelled out on this ~
one page document you have been refreshing your
recollection with, correct?
A. Yes.
Q. What is Duro Dyne?
A. It's a‘flex connector. It's like a :
canvas. Which contains asbestos. And it-has to
“be cut on the site to install the dicts, the end
of the duct to the flex,’

Q.. Did you see-any contractor working with

| Duro Dyne on this project? .

A. Yes,
Q. And which contractor?’
A.. Critchfield.

Q. Do you recall how. many times you saw
Aiken Welch Reporters Robert Ross 07/13/2011

235

anyone you believe was employed by.Critchfield
working with Duro.Dyne on this project?’ Can you. -
give an éstimate?.

A.A few times, ~ ;

Page 189Ross Robert 07-13-2011
_Q.. A few-times meaning two or three?

A. More than.

Q.. Can you be any more specific? [don't
want you to guess. /

A. I'd say more than five.

Q. Can you be any moré'specific than more
than five? ,

A. No. |

Q. Would it be less than ‘ten times though?

A. Could be.

_ Q, How is it that you know, Duro Dyne.

contained asbestos?.

A. Lwas told.

Q. Who told you that?

A. I don't remember at this time.

Q. Do:you remember when you were told?

A. No.

.Q. Were you told while you were working on.

the job site or-was it some point later in time?

A. I don't remember.

Q. On this job site did you specifically see
Aiken Welch Reporters Robert Ross 07/13/2011

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236

“1 individuals from Critchfield creating any type of | -

2 dust? ;

3 AL Yes. 3

4° Q. ‘And what were they doing when you saw

5» that?,,

6 A. Hanging hangers, unistrut.

Q. Is this the same thitig you previously :

8 testified to that they would have to penetrate th